paper 5 intellectual property rights document transcript

7/29/2019 Paper 5 Intellectual Property Rights Document Transcript

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Nmaist lecture notes intellectual property rights

Document Transcript

1. NMAIST TOPIC 5: IP RIGHTSTo be covered under this topic:introduction, history and definition of concepts Copyright, patents, tradeand service marks, industrial design and trade secrets the existing legal

framework on protection of IP international aspects of IP 1

2. Intellectuall propertyand intellectual property law definedIntellectualproperty (IP) refers to creations of the mind for which a set of exclusive

rights are recognized. For each set of exclusive rights there is a

corresponding field of lawintellectual property law. Under intellectual

property law, owners are granted certain exclusive rights to a variety of

intangible assets, such as musical, literary, and artistic works; discoveries

and inventions; and words, phrases, symbols, and designs.Common typesof intellectual property rights and respective laws include: Copyrights

Copyright and Neighbouring Rights Act, Trademarks Trade andService Marks Act, Patents Patents Registration Act, Industrial

design rights and Trade secrets. 2 3. Copyright defined the sole legal right to print, publish, perform, film

or record a literary or artistic or musical work A copyright is an

intangible right granted by law to an author or originator of certain

literary or artistic productions. The author or originator is granted, for a

limited period, the exclusive privilege to make copies of the same forpublication and sale. Such exclusive right may also be transferred toanother person. A copyright is a legal device that gives the creator of a

literary, artistic, musical, or other creative work the sole right to publishand sell that work. Copyright owners have the right to control the

reproduction of their work, including the right to receive payment for thatreproduction. Authors of original literary and artistic works shall be

entitled to copyright protection for their works under the Copyright law,by the sole fact of the creation of such works An author may grant or sell

those rights to others, including publishers or recording companies.

Violation of a copyright is called an infringement. 3

4. Copyright defined (contd)Copyright is distinct from other forms ofcreator protection such as patents, which give inventors exclusive rights

over use of their inventions, and trademarks, which are legally protected

words or symbols or certain other distinguishing features that represent

products or services. Similarly, whereas a patent protects the application

of an idea, and a trademark protects a device that indicates the provider ofparticular services or goods, copyright protects the expression of an idea.

Whereas the operative notion in patents is novelty, so that a patent

represents some invention that is new and has never been made before,


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the basic concept behind copyright is originality, so that a copyright

represents something that has originated from a particular author and not

from another. Copyrights, patents, and trademarks are all examples of

what is known in the law as intellectual property. 4

5. Patent definedThe term patent usually refers to an exclusive rightgranted to anyone who invents any new, useful, and non-obvious process,machine, article of manufacture, or composition of matter, or any new

and useful improvement thereof, and claims that right in a formal patentapplication.A patent is not a right to practice or use the invention. Rather,

a patent provides the right to exclude others from making, using, selling,

offering for sale, or importing the patented invention for the term of the

patent, which, in Tanzania is ten (10) years from the filing date subject to

the payment of maintenance fees. This term may be extended by five (5)

years upon application for extension. A patent is, in effect, a limited

property right that the government offers to inventors in exchange fortheir agreement to share the details of their inventions with the public.

Like any other property right, it may be sold, licensed, mortgaged,

assigned or transferred, given away, or simply abandoned. 5

6. Trademark or service mark definedA trademark or service-mark is Adistinctive name, symbol, motto, or design that legally identifies a

company or its products and services, and usually prevents others fromusing identical or similar marks. symbol, word, phrase, logo, or

combination of these that legally distinguishes one companys product

from any others. Any infringement on a trademark is illegal and thereforegrounds for the company owning the trademark to sue the infringing

party. According to the Trade and Service Marks Act, Cap. .."trade or

service mark" means any visible sign used or proposed to be used upon,

in connection with or in relation to goods or services for the purpose of

distinguishing in the course of trade or business the goods or services of aperson from those of another; Coca cola and Pepsi cola each has a trade

mark. 6

7. Salient features in copyright, patent and trade/service mark CopyrighPatent Trade/ser t vice markBasic notion Originality Novelty (a

Distinguishi (something new ng feature that has invention (visible sign

originated never made that from a before) distinguishes particular oneproduct author and from not another) another)What is The The Visible

signprotected expression application or symbol or of an idea of an idea

certain distinguishin g featureRights given Gives author Gives Gives

owner a right to investor of 7 publish exclusive distinguishin his/her work

rights over g feature a

8. Industrial design defined To design means to make a drawing or planof something that will be made or built Creation and development of

concepts and specifications aimed at optimizing the functions, value, and


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appearance of products, structures, and systems. Industrial design (ID) is

the professional service of creating and developing concepts and

specifications that optimize the function, value and appearance of

products and systems for the mutual benefit of both user and

manufacturer. Industrial designers develop these concepts andspecifications through collection, analysis and synthesis of data guided by

the special requirements of the client or manufacturer. They are trained to

prepare clear and concise recommendations through drawings, modelsand verbal descriptions. 8

9. Industrial design defined (contd) Industrial designers, as professionals,are guided by their awareness of obligations to fulfill contractual

responsibilities to clients, to protect the public safety and well-being, torespect the environment and to observe ethical business practice. The

Tanzania Engineering and Manufacturing Design Organisation Act Cap.

176 establishes the Tanzania Engineering and Manufacturing DesignOrganisation and provides for the functions and powers of the

Organisation in relation to the promotion of engineering, designing,

manufacturing and machinery adaptation. 9

10. Industrial design (contd)4. Functions of the Organisation (1) Thefunctions of the Organisation shall be(a) to design and promote the

designing of products and processes for Tanzanian industry in accordance

with national industrial development policy; (b) to adapt foreign designs

of machinery and equipment to suit local conditions of manufacture, use

and maintenance; (c) to manufacture and develop prototypes and sparesbased on designs produced by the Organisation as well as those whichmay be brought to the Organisation; (d) to design tools, dies, jigs and

fixtures required by the industrial sector; (e) to provide technical

extension services including training aimed at increasing the skills of

technical manpower at all levels and establishment in the country and

enabling industry to produce the products or processes for mass

marketing; (f) either alone or in co-operation with other bodies, to assistthe industrial sector in solving production bottlenecks for the purposes of

increasing productivity, capacity utilisation and quality of products; 10 11. Industrial design (contd)Functions of the organization (contd)(g) toprovide relevant information and advice to the industrial sector relating to

production, purchase and supply, quality control, marketing and other

related areas;(h) to identify and conduct short courses in so far as it is

within the competence and capacity of the Organisation, and to co-

operate with other institutions in the conduct of such courses;(iv)to give

on the job training to engineers in designing, production engineering,

foundry technology, metrology and metallurgy;(j) to conduct a systematic

on the job training, in tools, dies, presswork, specialised welding, design,draughtsmanship, mechanical and structural machinery maintenance and,


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for industrial electricians and electronic technicians;(k) to offer

consultancy services on material testing, met design and other technical

undertakings;(l) to act as the national link with other international

institutions engaged in activities related to the functions of the

Organisation; 11 12. Industrial design (contd)(a) to do such things incidental or conducive

to the fulfilment of the objectives of the Organisation as the Board may

decide.(2) In particular, but without prejudice to the generality ofsubsection (1), the Organisation shall(a) undertake or assist the

establishment, equipment and management of any centre or design office

within Tanzania for the performance of any of its functions; (b) promote

the national capability for, and carry out engineering designing

manufacturing and machinery adaptation; (c) provide to the industrial

sector practical technical services by equipping itself with the necessary

skilled manpower and physical facilities in the form of workshops,laboratories, design offices, and ancillary services. 12

13. Trade secret defined Trade secrets are information that companieskeep secret to give them an advantage over their competitors. The

formula for Coca-Cola is the most famous trade secret. Trade secrets are

not protected by intellectual property law the same way that trademarks

or patents are. Protection for trade secrets is done by non-disclosure, theinformation must be kept confidential. Companies often use non-

disclosure agreements (NDA) to keep their trade secrets safe. Employees

often have to sign a non-disclosure agreement as part of theiremployment commitments. 13

14. Legal framework forprotection of intellectual property Copyright isprotected under the Copyright and Neighbouring Rights Act Patents are

protected under the Patents Act Trade and service marks are protectedunder the Trade and Service Marks Act Industrial design No specific

Trade secretscontract lawThere are also international legal instruments

that protect intellectual property rights. These include: The Berne

Convention Paris Convention The Rome Convention Agreement on

Trade-Related Aspects of Intellectual Property Rights (TRIPSAgreement) 14

paper 5 intellectual property rights document transcript

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