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1 Masterclass on Fundamentals of Intellectual Property Law for Young Innovators Graduate Institute of International and Development Studies Parham FARHANG VESAL August 22, 2016 - Geneva

IHEID - SUT - IP Fundamentals - Parham FARHANG VESAL - 22Aug2016GVA

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Page 1: IHEID - SUT - IP Fundamentals - Parham FARHANG VESAL - 22Aug2016GVA

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Masterclass on Fundamentals of Intellectual

Property Law for Young Innovators

Graduate Institute of International and Development Studies

Parham FARHANG VESAL

August 22, 2016 - Geneva

Page 2: IHEID - SUT - IP Fundamentals - Parham FARHANG VESAL - 22Aug2016GVA

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Some Basic Notions

Law ( قانون) Right ( حّق)

In Persian (in fact, in Arabic), the terms are used in confusing manners – Law School, not “Rights School”!

What is law/right?

Where rights come from?

• Nature → Codification

• Law

Where laws come from?

• Customs and practices

• Legislation

• Contracts (written or non-written)

• Jurisprudence

Domains of laws/rights?

• National

• International

•Transnational

To Regulate Social Affairs

Economy and Trade

Intellectual Property (IP)

Industrial Property | Copyright

Patents, Trademarks, etc.

Also: Utility Model, Industrial Design

Page 3: IHEID - SUT - IP Fundamentals - Parham FARHANG VESAL - 22Aug2016GVA

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Patent and Trademark in Theory

Patent: the right granted to innovators in

regard with their innovation.

Which innovations?

(a) Those that are:

1. New

2. Useful

3. Non-obvious

(b) The innovation can be:

1. Process

2. Machine

3. Article of manufacture

4. Composition of matter

Compulsory Licensing

No right to make, use, sell, industrialize,

or commercialize an invention and

products thereto; but excludes others for

~ 20 years, pending fees.

Public disclosure of the invention

Trademarks: a recognizable

sign, design, or expression which

identifies products or services of a

particular source from those of others.

Spin-offs are:

• Trade name

• Service name

• Collective marks

• Certification mark

• Defensive mark

Also:

• Geographical Indications (GI)

• Appellation of Origin (AO)

Note:

“Logo” and “brand” are not

legal terms, but are used frequently

in the field. “Brand” is a broad

term.

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Patent in Iran

IPC is in charge Online application Patent Law

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Trademark in Iran

IPC is in charge Online application Trademark Law

August 22nd, 2016, Geneva – Parham FARHANG VESAL

Page 6: IHEID - SUT - IP Fundamentals - Parham FARHANG VESAL - 22Aug2016GVA

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Patent in the US

USPTO is in charge Online application Patent Law IPSIA supports Persian-Americans

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Trademark in the US

USPTO is in charge Online application Trademark Law

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Copyright

Authors and artists are granted the exclusive right to sell and/or make copies of their works. They

also enjoy the right to create any derivative of their works (e.g. translations, screenplays, etc.). Plus,

they have the right to perform or display their works publicly. All such rights can be subject of trade.

In principle no registration is required, unless legal action is sought. The protection in most

jurisdictions is in place until 70 years from the (in case, last) author's death.

Iran: The Ministry of Culture is in charge, and the law is in force since 1970.

US: The USCO of the Library of Congress is in charge, and the law is in force since 1790.

World: Berne Convention administered by WIPO, adopted in 1886. Iran is not a party.

Computer software?

Paten, copyright, or both. It depends, you tell me?

Publication copyright instead of patent?

No! You tell me why?

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Drills #01

Can you do the patent process (national and international) on your own? If

yes, to what extent?

What about trademarks?

What are the potential risks for young innovators when it comes to their IP?

Who is a patent attorney? And who is an IP consultant?

At what stage do you think you need to have access to a patent attorney

and/or an IP consultant?

Is electricity patentable? What about a formula function that describes all

ocean tides motion? (Formulization of Complex Systems)

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Drills #02

Can you have protection in Pakistan for an innovative wine fermentation

process? What about France?

Can you get patent protection in Switzerland for suicide assistance

invention? (Not euthanasia)

What sort of IP identity this may acquire ?

I want to register this in the US and follow up with a Madrid System

application in which Israel is also included:

What about registering these in Iran?

May Mr. Salman Rushdie have copyright protection in Saudi Arabia for his

“The Satanic Verses”? Explain.

Again, at what stage do you think you need to have access to a patent

attorney and/or an IP consultant?

August 22nd, 2016, Geneva – Parham FARHANG VESAL

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Brainstorming and Further Ares of Interest for young Innovators

August 22nd, 2016, Geneva – Parham FARHANG VESAL

IP protection enhances your competitiveness. IP protection creates a sort of monopoly too. Do

you want to introduce your innovative product in a more or competitive market? Or a less

competitive one? What if competition law limits your IP exclusivity? Where do you put the

equilibrium between IP and competition policies?

How can internationalism, transnationalism, regionalism, and/or single state sovereignty affect

your future business? Where should you place the initiation and aims of your startup?

Investment is the beating heart of industrialization and commercialization of innovations.

Where are your potential investors? What is your roadmap to attract optimum investment with

authority and control? Where should you and your business representatives be physically present?

How and where to incorporate your business? How can compliance and Corporate Social

Responsibility (CSR) issues, labor, and human rights have adverse impacts on your business?

What is your branding strategy in long run?

Do you know about the fundamentals of international contracts? When and how are foreign

courts accessible? What are the Alternative Dispute Resolution (ADR) mechanisms? What do you

expect from your lawyer when it comes to contracts, courts, and ADR?

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Think BIG

Thank you for your attention.

Don’t hesitate!

I’m looking forward to any question or comment you may have:

[email protected]

Once again, thank you!

Parham