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INTELLECTUAL PROPERTY RIGHTS:

Kahoot:

https://create.kahoot.it/details/3d7c4d44-7cc4-4133-955f-217f5c1e7b3c - IPR

https://create.kahoot.it/details/3d7c4d44-7cc4-4133-955f-217f5c1e7b3c - Innovation

WIPO - World Intellectual Property Organization, based in Switzerland

IPONZ - Intellectual Property Office New Zealand

https://www.iponz.govt.nz/assets/pdf/about-iponz/5307-iponz-year-in-review-201819.pdf

IPONZ - dashboard - raw data

Protecting intellectual property with a Māori cultural element

https://www.iponz.govt.nz/assets/pdf/maori-ip/protecting-ip-with-a-maori-cultural-element.pdf

IPR - Intellectual Property Rights - Videos

https://ed.ted.com/videos/?search=Intellectual%20Property&video=AzQzSUZsT_k

https://ed.ted.com/videos/?search=Intellectual%20Property&video=UqZJPuyK9VY

https://ed.ted.com/videos/?search=Intellectual%20Property&video=g4Tbq22NHag

https://ed.ted.com/videos/?search=Intellectual%20Property&video=EQsZf2G4Sdc

Resources for gaining insight on advantages & disadvantages of IP rights:

1.     https://trade.ec.europa.eu/doclib/docs/2009/january/tradoc_142108.pdf

2.     https://www.ncl.ac.uk/fms/postgrad/skills/documents/20081008-IPGrid.pdf

3.     https://www.bvresources.com/blogs/intellectual-property-news/2018/03/12/what-are-the-advantages-and-disadvantages-of-patents-copyrights-trademarks-and-trade-secrets

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What are patents?

At the most basic level, patents are nothing more than a set of exclusive rights granted by a government body to an inventor or the inventor’s assignee for a fixed period in exchange for the disclosure of an invention. Patents represent the legal right to exclude others from the market and generally cover the discovery of a new and useful process. Keep in mind, patents are not guarantees to make money. In fact, in some situations, patents may indeed be liabilities instead of assets.

What are the advantages of patents?

First, patents protect a design of something functional or utilized. The government body provides patent owners with monopoly protection for up to the statutory life of the patent. The monopolistic nature creates an artificial market limitation or shortage in the market for technology that embodies the claims of the patent. Artificial limitations to the market allow the patent owner to raise prices higher than the market clearing price, providing the patent owner with abnormal profits.

In addition, patents offer superior rights when willful infringement does occur. Under 35 U.S.C. §284, the patent owner may receive damages for infringement that a competent authority determines as willful. Of course, the economics of such a proposition are obvious. If the court finds a competitor has willfully infringed and that infringement created damages, then the patent owner would be entitled to damages from the competitor.

What are the disadvantages of patents?

First, patents are expensive to acquire, oftentimes costing tens of thousands of dollars to prosecute. Costs involve direct costs for legal services as well as soft costs (i.e., an inventor’s time) to describe the technology to the patent attorney and patent offices. These costs increase dramatically if the application includes foreign jurisdictions.

Second, patents provide for only a relatively short economic life compared with other IP types. The statutory life for a patent is 20 years from the earliest effective filing date of the patent application. Since the earliest effective filing date is the trigger point for starting the statutory clock, patents are unique among IP types in that the award process consumes a significant portion of the patent’s economic life. This has administrative and value impacts.

Lastly, in exchange for the monopoly protection, the government body requires that the inventor disclose the exact nature of the inventions described in patents, including how the inventions work, what problems the inventions address, and how the designs differ in a novel way from prior art. Of course, the downside to this disclosure requirement is that competitors have exact and specific knowledge of how inventions described within the patents work, which makes it easy for those competitors to use the designs without fear of legal repercussions in jurisdictions that do not have patent protection.

Patent Co-operation Treaty - Benefits:

140 countries through one centralized application process

Increased time for making commercial decisions

Building market awareness

Deferral & possible reduction of national prosecution costs

Regional Patent Applications:

African Regional Intellectual Property Organization (ARIPO) - Harare, Zimbabwe

Gulf Cooperation Council Patent Office (GCC Patent Office) - Riyadh, Saudi Arabia - 11375

Eurasian Patent Organization (EAPO) - Moscow, Russia

European Patent Office (EPO) - Munich, Germany

Articles to read:

https://www.popularmechanics.com/technology/design/g20051677/patents-changed-the-world/

Videos to watch:

1.     https://www.youtube.com/watch?v=RrN7IxvAJto&t

2.     https://www.youtube.com/watch?v=Se6uehzy5K0 - SkyNest in economy cabin - Patent

3.     https://www.youtube.com/watch?v=pIxi0iPsZRk - SkyCouch - Patent

4.     https://www.youtube.com/watch?v=NfWvKUKIn30 - Air Band - Patent

Aotearoa NZ Facts:

https://www.iponz.govt.nz/assets/pdf/Patents/iponz-patent-infographic-2018.pdf

Compare 3 advantages and disadvantages of Patents and the long-term sales & profitability

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What are trademarks?

Trademarks provide explicit protections for brands, slogans, logos, and other similar items. Generally speaking, trademarks represent the most valuable types of IP in the market. Icons such as Coca-Cola or Nike’s swoosh both represent brands that command a market premium, despite seemingly nonexistent or minimal functional differences among nonbranded products.

What are the advantages of trademarks?

The biggest advantage to a trademark is that there are no statutory limitations for the life of trademarks. Trademarks have a statutory life as long as the trademark owner maintains registration of the trademark, keeps the trademark in continued use, and enforces the trademark owner’s rights.

Second, registration of a trademark at a trademark office is relatively inexpensive and easy. The trademark owner has to fill out a form and send in a relatively small registration fee. Thus, while the cost to register the trademark is more than the cost to register a copyright, it is still relatively inexpensive compared to patent prosecution costs.

Lastly, trademarks are unique in that one can use them to brand and create demand for otherwise uninteresting or commodity products, inducing a buyer to pay a premium for something that could otherwise be purchased at less cost.

What are the disadvantages of trademarks?

Trademarks represent some of the largest brands in the world. However, like boxers and wrestlers, the bigger they are, the harder they fall. Trademarks can possess a remarkable amount of volatility in the market. Markets and perceptions change on a whim, and such changes can impair value in dramatic ways.

Popular trademarks are also at risk for genericide, which occurs when the public begins to associate a brand with common products of the same utility. For example, Xerox and Kleenex never began as common words. They began as branded products that ultimately the public associated with more general products. These brands lost value because of genericide.

Madrid Protocol - for international trademark filing

https://www.iponz.govt.nz/assets/Uploads/iponz-madrid-trade-mark-infographic-2018.pdf

Articles to read:

https://www.forbes.com/sites/seanstonefield/2011/06/15/the-10-most-valuable-trademarks/#4587000e36b8

Videos to watch:

1.     https://www.youtube.com/watch?v=3gWaAJR5L18&t

2.     https://www.youtube.com/watch?v=yPmvxIGZT2M - Koru - Trademark

3.     https://www.youtube.com/watch?v=0gj4ntC1Hh8 - OneSmart - Trademark

4.     https://youtu.be/Dy4v-6INPAk - Trademark NZ video - Maori inspired

Aotearoa NZ Facts:

https://www.iponz.govt.nz/assets/Uploads/iponz-madrid-infographic.jpg

How can a company use Trademark to create value in long term?

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What are copyrights?

Copyrights represent nothing more than a set of exclusive rights granted by a government body for a creation. Unlike patents, which focus on an invention or something of function or utility, copyrights apply to works of authorship. With copyrights, the author gains the exclusive rights to creations for a fixed period.

What are the advantages of copyrights?

Copyrights have several advantages over other IP types, including a significantly longer statutory life—the life of the author plus 70 years! Many copyrights will not generate economic activity for anywhere near the statutory life of the author or beyond.

Another advantage of copyrights is that the owner is entitled to actual damages and any additional profits enjoyed by the infringer, or statutory damages. The calculation of damages can be easier for a copyright litigation as opposed to a patent litigation.

Lastly, copyrights are relatively inexpensive and simple to register. Authors gain protection and ownership for copyrightable works at the point authors fix the work in a tangible medium. Thus, the copyright owner receives protection immediately after that point without any explicit action with a government agency.

What are the disadvantages of copyrights?

The primary disadvantage for copyrights is that copyrights protect the expression of an idea, not the idea itself. Patents and trade secrets typically protect ideas. The difference may be subtle, but it is an important distinction. For example, an inventor publishes an article describing a new technology. Copyright law protects the way the author expressed the invention in the article; however, the actual invention described in the article does not receive copyright protection.

Articles to read:

https://abcnews.go.com/Entertainment/spotify-hit-16-billion-copyright-infringement-lawsuit/story?id=52104636

https://www.newsweek.com/2019/06/07/google-oracle-copyright-case-supreme-court-1433037.html

Videos to watch:

1.     https://www.youtube.com/watch?v=Tamoj84j64I

2.     https://www.youtube.com/watch?v=zVDu0tJHTnY - Kia Ora - Copyright

3.     https://online.flowpaper.com/7a3c073e/KiaOraAugust2020/ - Kia Ora Magazine - Copyright

Businesses register their brand to distinguish itself......how does it add value to the business and boost sales?