Kanya HirunwattanapongFaculty of Law

Chiang Mai Universitykanya.hi@cmu.ac.th

Management of Intellectual Property Rights (Assets)

What are intellectual property rights?

Do we know them IPRS when we see them?

How important are they in the market – domestic and international?

Can we create and own them?

Trade Mark

Copyright

Geographical Indication: GI

Learning the Intellectual Property Law

IP Law gives exclusive right – a monopoly right – to the inventor/creator

IP Law gives a legal protection to the exercising of ‘mental labour’.

Brain

Invention/Design

Mark

Literary works, music, films,

photos, comp. programe,

Trade Secret

Geographical Indication

Justifications of IPRs Protection

Kanya Hirunwattanapong, Faculty of Law, CMU, 2012

Natural Rights

It is ‘natural right’ of an inventor/creator to exclusively use or exploita consequence of his mental labour.It co-insides with John Locke’s philosophy (1632-1704). He argues that property is a natural right and it is derived from labour.

Innovation and Economic Incentives

The protection of intellectual property rights facilitates economic activity and encourages new researches (H.C. Anwalt; J.H. Barton).

Where intellectual property law stands ?

National/Domestic• Thailand’s IPRs

• Patent• Trademark• Copyright• Geographical

Indication• Trade Secret• Integrated

Circuit

Regional• Europe

• European Union – Single Market – Free Movement of Good

• ASEAN

International• World Intellectual

Property Organization (WIPO)

• World Trade Organization (WTO) – Trade Related-aspects of Intellectual Property Rights (TRIPs) 1995

• European Patent Convention 1978

Kanya Hirunwattanapong, Faculty of Law, CMU, 2012

Patent

Legal protection given to – Invention (not discovery), i.e., product/process/improvement of product or process

Three qualifications of the invention – new (worldwide novelty)/inventive step/industrial application

Term of protection – 20 years since the application in exchange for the full disclosure of the invention, and be ‘Public Domain’ afterward

Exclusive rights – economic right to use/sell/license/import (with first sale doctrine or exhaustion of right)

Not invention & unpatentable – plant/animal/natural micro-organism/human and animal treatment and diagnoses, principles or theories, conflict with public order

Commercialization of Patent – permission + royalty/licensing agreement/transfer the right

Petty Patent

Invention that is new & industrial applicable (no inventive step required);Duration of legal protection – 6 years + renewable twice (2 years each);

Design Patent

Duration of legal protection – 10 years since the application

Qualification of the design being protected – new design for industry and handicraft

Being new – includes no similarity to those already available to the point of misleading consumers

Exclusive right – use the protected design/import (no first sale doctrine)

European Patent Application per Country

Top Areas of Patent Application