T o our presentationTopic :

Impact of digital technology on intellectual property

Presented by: Md Faruk Hossain Konok Kumar Mondal Rawful Al-amin

Digital Technology• Make communication easy

• Digital code to transmit signals and information between different devices

Ex:Television programs or human voices over phone or

internet system

Intellectual Property:Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce

Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.

What is Intellectual Property (IP)…

– Copyrights– Trademarks– Patents– Trade Secrets– Industrial designs– Geographical indication

Typical methods of protection:

Copyright • Legal term over their literary and artistic works• Protection to the unique expression of Ideas• Works covered by:

Books, Music, Paintings, Sculpture, Films, Computer programs, Databases, Advertisements, Maps and Technical drawings

Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.

IP surrounding Apple’s iPad™

• Copyright Protected Material…– Software– Product Literature– Web Site– Product Images– Icons– User Interface Design– Advertisements– Etc…

Copyright

What is not covered by copyright?

• Ideas, concepts, or principles• Facts• Words, Phrases, Familiar Symbols or slogans

Impact of digital technology on copyright

Positive Impact• Promotes publicbenefits like education• Saving money • Helps for further

research work• Able to add to, edit,duplicate, or otherwise“remix” the original work

Negative Impact

• Protects freedom of speech

• Plagiarism• Losses of actual publishers

and authors but benefited by third parties

• Piracy Occurs

Copyrights Laws are prevailing in Bangladesh

• The Copyrights Act – 2000 (Amended in 2005) section 53 or section 54

• Duration of Copyright exist up to 60 years

• Punishable with imprisonment up to 3 years and fined as per the claims

PatentsDefinition:• A patent describes an invention for which

the inventor claims the exclusive right.

NEW NEW (Novel) USEFULUSEFULNOT OBVIOUSNOT OBVIOUSPERTAINS TO PATENTABLE PERTAINS TO PATENTABLE

SUBJECT MATTERSUBJECT MATTER

INVENTION PATENABLE IF.....

12-10

Types of Patents

Type of Patent Types of Inventions Covered

Utility

Duration

New or useful process, machine, manufacture, or composition of material or any new and useful

improvement thereof

16 years from the date of the original

application

Design

Plant

Invention of new, original, and ornamental designs for manufactured products

Any new varieties of plants that can be reproduced asexually

16 years from the date of the original

application

16 years from the date of the original

application

InventionInvention Relates To A ProcessProcess Or ProductProduct Or

Both Involves An Inventive Step Inventive Step Be Capable Of Industrial Industrial

ApplicationApplication

Is A Patent Granted In One Country Enforceable In Other Countries?

• No, there is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature

• Granting a patent in one country of the Union does not force other countries to grant the patent for the same invention.

• The refusal of the patent in one country does not mean that it will be terminated in all the countries

What Does a Patent look Like?

Impact of digital technology on Patents:

Positive Impact

• Innovations & inventions can be enhanced

• Grow economy

Negative Impact

• Huge litigation costs• People can be confused to

find out the original product or services

• Coalition for Patent Fairness• Threat of rxistence of

original owners

Patent laws are prevailing in Bangladesh

• The Patents and Designs Act -1911, Patent and Design Rules, 1933

• Patents provide 16 years protection from the date of filing of the application

• Patentee can be compelled by the Government to grant licenses in public interest

Trademark

Identifying words or symbols associated with a company’s goods

or services which distinguish them from those manufactured or

sold by others.

• Symbols– ® - used to indicate a Registered Trademark– ™ - used to brand a product– ℠ - used to brand a service

Trademarks

Name

Logotype

Symbol

Slogan

Shape

Color

Copyright 2009 Schwegman, Lundberg & Woessner. P.A. All Rights Reserved.

Trademarks…Trademarks

Impact of digital technology on trademark

Positive Impact• Market competition

increase• New product and service

come as a cloning

Negative Impact

• Duplicate the products• Company’s reputation can

be hamper

Trademark laws are prevailing in Bangladesh

• Trade Marks Act, 1940

• Trademark is valid for 10 years from the date of application which may be renewed for further period of 10 years on payment of prescribed fees.

• Service mark Rights are reserved exclusively for owners for 17 year & it can also be renewed.• Punishment extends from 6 months to 3 years• A permanent bans on engaging in commercial activities

Recommendations:• Be up-front with customers:

• Hire a legal expert to help:

• Social networking sites and user-generated content:

• Implications for regulators:

• Set up e-security to enforcement

• Review & amend IP related issues

CONCLUSION

• Create yourself, rather than using other’s creations

• Do not use competitor’s mark in such way that it harms competitor in unfair way

• No comparisons that are likely to cause confusion

CONCLUSION

• Technological advancement made the job of the CREATOR easy………it also made the job of the COPY-ER easy.

Any Questions…..