Impact of digital technology on intellectual property

1. Toourpresentation
Topic :
Impact of digital technology on intellectual property
Presented by: Md Faruk Hossain
Konok Kumar Mondal
Rawful Al-amin

2. 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

3. 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:

4. 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

5. 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

6. What is not covered by copyright?
• Ideas, concepts, or principles
• Facts
• Words, Phrases, Familiar Symbols or slogans

7. Impact of digital technology on copyright
Positive Impact
• Promotes public
benefits 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

8. 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

9. Patents
Definition:
• A patent describes an invention for which
the inventor claims the exclusive right.
NEWNEW (Novel)
USEFULUSEFUL
NOT OBVIOUSNOT OBVIOUS
PERTAINS TO PATENTABLEPERTAINS TO PATENTABLE
SUBJECT MATTERSUBJECT MATTER
INVENTION PATENABLE IF.....

10. 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

11. InventionInvention
 Relates To A ProcessProcess Or ProductProduct Or
Both
 Involves An Inventive StepInventive Step
 Be Capable Of IndustrialIndustrial
ApplicationApplication

12. 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

13. What Does a Patent look Like?

14. 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

15. 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

16. 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

17. Trademarks
Name
Logotype
Symbol
Slogan
Shape
Color

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

19. 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

20. 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

21. 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

22. 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

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

25. Any Questions…..