College of Engineering and Architecture

Civil Engineering Department

Brgy. Bajumpandan, Dumaguete City

ENS243 C- Technopreneurship

M 9:00-10:00 AM

Group 6- Introduction to Intellectual Property

Dunghao, Lloyda Mae A.

Echanes, Rhea Mae M.

Enid, Christmaurice P.

Enoy, Clifford James F.

Fabillar, Kate Kassandra S.

Fenita, Criz Deanver G.

Guarino, Ghelen Rea Mae F.

Jainar, Danica F.

Student Reporter

Engr. Leizl M. Honculada,

Instructor
 Contents

1. Objectives

2. Introduction

3. Motivation

4. Discussion

a. Intellectual Property definition

b. Importance of IP Audit

c. Types of IP rights

d. IP rights of your employees

e. How to avoid IP infringement

f. Protecting IP on Digital Files

g. Protecting Business name and Domain name

5. Exercises

6. Assessment

7. Reference
 Intellectual Property

Objectives:

1. To learn about what is Intellectual Property;

2. Identify the different types of IP and understand them;

3. And to know how to avoid IP infringement.

Introduction:

All businesses have intellectual property (IP) worth protecting, regardless of their

size or sector. IP can be a brand, invention, design or another kind of creation, and it

can be legally owned. Intellectual property is a valuable asset. It could include the name

of your business, the products or services you make or provide, or the written or artistic

material you create. Securing and protecting your IP could be essential to your

business’ future success, so it’s vital to understand your rights and how the law can help

you.

Intellectual property (IP) pertains to any original creation of the human intellect

such as artistic, literary, technical, or scientific creation. Intellectual property rights (IPR)

refers to the legal rights given to the inventor or creator to protect his invention or

creation for a certain period of time. These legal rights confer an exclusive right to the

inventor/creator or his assignee to fully utilize his invention/creation for a given period of

time. It is very well settled that IP play a vital role in the modern economy. It has also

been conclusively established that the intellectual labor associated with the innovation

should be given due importance so that public good emanates from it.
Motivation:

1. Why is it important to protect intellectual property rights?

Your IP rights are important because they can:

- Set your business apart from competitors

- Be sold or licensed, providing an important revenue stream

- Offer customers something new and different

- Form an essential part of your marketing or branding

- Be used as security for loans

2. What happens when you violate intellectual property laws?

- Copyright infringement can cost small businesses a fortune, even if it’s

accidental. Intellectual property includes copyrights, trademarks, patents and trade

secrets. Violations could cost thousands of dollars and even lead to criminal charges

and jail time.

3. You could be liable for infringement even if:

- You use a disclaimer when posting copyrighted images and text.

- You resize or otherwise alter the images.

- You found the images on the internet.

- You wrote the words, but they exist in that exact form somewhere else on the

internet.

- You didn't know you were infringing.

- You didn't make any money from the text or image.

Discussion:

What is Intellectual Property?

Intellectual property is a category of property that includes intangible creations of

the human intellect. It also refers to creations of the mind, such as inventions; literary

and artistic works; designs; and symbols, names and images used in commerce. IP is

protected in law by, for example, patents, copyright and trademarks, which enable

people to earn recognition or financial benefit from what they invent or create. By

striking the right balance between the interests of innovators and the wider public

interest, the IP system aims to foster an environment in which creativity and innovation

can flourish. The most well-known types are copyrights, patents, trademarks, and trade

secrets.

Intellectual property (IP) rights are valuable assets for your business – possibly

among the most important it possesses. Piracy, counterfeiting and the theft of

intellectual property assets pose a serious threat to all businesses. Exporters face unfair

competition abroad, non-exporters face counterfeit imports at home and all businesses

face legal, health and safety risks from the threat of counterfeit goods entering their

supply chains.

The internet has made it easier for people to access journals, publications, and

any piece of information that is digital. This is leading to several users thinking that any

information on the internet can be reproduced because it is available in the public

domain. After the lockdown was declared, according to renowned sources there was a
growing incidence of fake domains being created that had copyright- protected

information in them.

Intellectual Property Audit

An intellectual property audit is a systematic review of a company’s IP assets and

related risks and opportunities. IP audits can help assess, preserve, and enhance IP;

correct defects in IP rights; put unused IP to work; identify risks that a company’s

products or services infringe another’s IP; and implement best practices for IP asset

management. A thorough IP audit involves not only a review of a company’s IP assets,

but also the company’s IP-related agreements, policies and procedures, and

competitors’ IP.

IP audits can be general in scope or can be focused on a particular event or type

of IP. General purpose audits help start-ups and established companies to not only

assess and protect their IP, but also identify IP development needs, opportunities, and

risks.

Types of Intellectual Property Rights

When a business or an individual has an idea that they want to protect from

being used by others without their permission, it is best to seek legal protection of that

intellectual property. By seeking property rights over your intellectual property —

property that is a creation of the mind, such as an invention, symbol, or even a name.

You establish rightful ownership and prevent the unlawful use of your property. What’s
more, establishing intellectual property rights can help to fuel the economy and

stimulate further innovation.

There are four main types of intellectual property protections:

Patent

A patent is used to prevent an invention from being created, sold, or used by

another party without permission. Patents are the most common type of intellectual

property rights that come to people’s minds when they think of intellectual property

rights protection. A Patent Owner has every right to commercialize his/her/its patent,

including buying and selling the patent or granting a license to the invention to any third

party under mutually agreed terms.

There are three types of patents: utility patents, design patents, and plant

patents. Each type of patent has its own eligibility requirements and protects a specific

type of invention or discovery; however, it's possible for one invention or discovery to

potentially have more than one type of patent available for it. For example, if a person

invents an object and he or she wishes to patent both the functional features and the

design of the object, the inventor would have to apply for two separate patents (both a

utility and design patent).

• Utility Patents

A utility patent is the most common type of patent that people seek. This type of patent

covers processes, compositions of matter, machines, and manufactures that are new

and useful. A utility patent can also be obtained for new and useful improvements to
existing processes, compositions of matter, machines, and manufactures. Processes

refer to any acts or methods of doing something, usually involving industrial or technical

processes. Compositions of matter are basically chemical compositions, which can

include a mixture of ingredients or new chemical compounds. Machines include things

that are generally defined as a machine, such as a computer, while manufactures are

defined as goods that are manufactured or made.

• Design Patents

In terms of obtaining a design patent, a design is defined as the "surface

ornamentation" of an object, which can include the shape or configuration of an object.

In order to obtain this type of patent protection, the design must be inseparable from the

object. While the object and its design must be inseparable, a design patent with only

protect the object's appearance. In order to protect the functional or structural features

of an object, a person must also file for a utility patent.

• Plant Patents

A plant patent can be obtained to protect new and distinctive plants. A few requirements

to obtain this type of patent are that the plant is not a tuber propagated plant (i.e. an

Irish potato), the plant is not found in an uncultivated state, and the plant can be

asexually reproduced. Asexual reproduction means that instead of being reproduced

with seed, the plant is reproduced by grafting or cutting the plant. Plant patents require

asexual reproduction because it's proof that the patent applicant can reproduce the plant.
Trademark

Trademarks are another familiar type of intellectual property rights protection. A

trademark is a distinctive sign which allows consumers to easily identify the particular

goods or services that a company provides. Some examples include McDonald’s golden

arch, the Facebook logo, and so on. A trademark can come in the form of text, a

phrase, symbol, sound, smell, and/or color scheme. Unlike patents, a trademark can

protect a set or class of products or services, instead of just one product or process.

Copyright

Copyright does not protect ideas. Rather, it only covers “tangible” forms of

creations and original work–for example, art, music, architectural drawings, or even

software codes. The copyright owner has the exclusive right to sell, publish, and/or

reproduce any literary, musical, dramatic, artistic, or architectural work created by the

author.

Trade Secret

Trade secrets are the secrets of a business. They are proprietary systems,

formulas, strategies, or other information that is confidential and is not meant for

unauthorized commercial use by others. This is a critical form of protection that can help

businesses to gain a competitive advantage.

Although intellectual property rights protection may seem to provide a minimum

amount of protection, when they are utilized wisely, they can maximize the benefit and
value of a creation and enable world-changing technology to be developed, protected,

and monetized.

INTELLECTUAL PROPERTY RIGHTS AND YOUR EMPLOYEES

If you create something at work, does your employer own it? What if you create it

using company equipment? Does my company own My Intellectual Property?

These are the few questions that cloud up the minds of both the employee and

the employer regarding the ownership of intellectual property.

Intellectual Property Rights in the Workplace

• Employers are entitled to all intellectual property created at/for their business in

the course of their employment, unless there exists a contact stating otherwise.

• The nature of intellectual property rights in the workplace can be influenced by

the agreements or contracts as an employee signed.

Four Main types of Intellectual Property

• Patent- protecting inventions

• Copyright- protecting creative works

• Trademark- Protect words, phrases and logos associated with companies

• Trade Secrets- Protect devices or techniques used to create a product or service

Intellectual Property and Employment Contracts

• This is an agreement signed by the employee when he/she us hired and become

part of the company.

• Known as IP assignment, a written agreement that could transfer ownership

rights to any intellectual property from the employee to the employer.

• It involves clauses that relate to intellectual property and its ownership.

• Rights of the employees to intellectual property are forfeited as they are

compensated.

• Avoids any misunderstanding that will arise over the work created outside the

premises of the company.

What if there is no employee intellectual property agreement?

Patent and copyright ownership laws apply to those types of intellectual property.

Copyright Ownership Laws

• The creator of a copyrighted work owns the copyright unless it’s a work for hire.

Two requirements for it to be considered as a Work for Hire:

a) The creator is an employee of the business

The duration of the creation of work is within the scope of the employee’s job

requirements
Patent Ownership Laws

• The inventor(s) is usually considered the owner(s).

• But the ownership, or at least certain rights, could be reserve for the employer.

• If the invention was made using the employer’s equipment and resources, the

employer does not get ownership, rather given at least a shop right.

What rights do employees have to intellectual property in the workplace?

There are limits to intellectual property in the workplace:

• Employees have no economic rights over it but they will retain their moral rights

to any literary, dramatic, musical, or artistic works created as part of their employment.

• Employees using work equipment to create IP is not reason enough to claim the

Intellectual Property.

Example Situation

A software writer is employed to write a software program to manage databases of

inventory being transported by road. The software writer spends mornings working on

the employer’s software program. In the afternoon, he spends writing a new computer

game on the employer’s computer, and using the employer’s software development

language and other programs and utilities. The software writer licenses the computer

game for a license fee of $100,000.

Does the employer own the computer game and is the employer entitled to those

monies?

The answer is No, because the employee’s duties:

• Were to write a software program to manage databases of inventory being

transported by road.

• Were not to write a computer game.

HOW TO AVOID IP INFRINGEMENT

Register the Appropriate IP Protection

The strongest protection comes from registering your work. By doing so, you put

your claim into the public view, discouraging many (but not all) people from using your

work without permission.

• Trademark registration gives you the right to use the R symbol, giving legitimacy

to your claim. A symbol on your unregistered trademark does notify the public of your

claim, but has no real legal backing.

• A patent or provisional patent application gives you the right to use the patent

pending designation. This can discourage many people from developing a product they

won't be able to use for long.

• Registering your copyright preserves your right to sue infringers and, if your suit

is successful, collect damages and attorney's fees.

Pursue Foreign Registration

If you plan to market your invention in other countries, you'll want to investigate

registering your IP in those countries. You will still need to follow each country's laws.

For example:

• Many countries require that you file for patent protection within one year of

disclosing your invention.

• Some countries require that you file for patent protection before making your new

product public.

• Some countries require that you include more than a or R symbol with your

trademark.

Keep it a Secret

Some intellectual property is best protected by keeping quiet about it. If your

work is not patentable, or you prefer to protect it using the trade secrets law, limit the

number of people you tell about it. When possible, have potential partners or investors

sign non-disclosure agreements. Make sure you make clear exactly what is confidential

and how long it must be kept secret.

Monitor Your Marketplace

Laws and registrations offer you legal remedies after your work has been used

improperly, but they don't actually prevent your work from being stolen in the first place.

Some people may not be aware of the law. Others don't care. And sometimes even a

thorough patent or trademark search misses something.

 Therefore, it's your job to keep an eye on your industry:

• Pay attention to new products and companies, and note the images and words in

their marks.

• Set up Internet search alerts, such as Google alerts, to receive emails when

words or phrases similar to your work are mentioned online.

• If your trademark is particularly valuable, consider using a trademark search firm

to police your mark. A company like Thomson CompuMark will search domestic and

international trademark and domain registrations.

• Be careful about trademark dilution. If you allow your mark to become a common

term rather than a brand, you risk losing your right to it. For example, "zipper" was once

trademarked, but became a product category rather than a brand.

• Investigate products that appear similar to yours and their patent filings to

determine if they infringe your patent.

Know what intellectual property you've got

If all employees understand what needs to be protected, they can better understand

how to protect it, and from whom to protect it. To do that, CSOs must communicate on

an ongoing basis with the executives who oversee intellectual capital

Know where your intellectual property is

If you focus your efforts on your core IT systems to secure IP, you will overlook other

areas where it might be stored or processed. These include:

• Printers, copiers, scanners and fax machines

• Cloud applications and file-sharing services

• Employees’ personal devices

• Third-party systems

Prioritize your intellectual property

CSOs who have been protecting IP for years recommend doing a risk and cost-

benefit analysis. Make a map of your company's assets and determine what

information, if lost, would hurt your company the most. Then consider which of those

assets most at risk of being stolen are. Putting those two factors together should help

you figure out where to best spend your protective efforts (and money).

Label valuable intellectual property

If information is confidential to your company, put a banner or label on it that says

so. If your company data is proprietary, put a note to that effect on every log-in screen.

Secure your intellectual property both physically and digitally

Physical and digital protection is a must. Lock the rooms where sensitive data is

stored, whether it's the server farm or the musty paper archive room. Keep track of who

has the keys. Use passwords and limit employee access to important databases.
Educate employees about intellectual property

Awareness training can be effective for plugging and preventing IP leaks, but

only if it's targeted to the information that a specific group of employees needs to guard.

In most cases, IP leaves an organization by accident or through negligence.

Make sure your employees are aware of how they might unintentionally expose IP.

According to a February 2019 study by Egress Software Technologies, the most

common technologies through which sensitive data like IP are accidentally breached

are:

• External email like a Gmail or Yahoo account (51 percent)

• Corporate email (46 percent)

• File sharing via FTP (40 percent)

• Collaboration tools like Slack or Dropbox (38 percent)

• SMS or instant messaging apps like WhatsApp (35 percent)

With email, IP might be sent to the wrong person because:

• The sender used a wrong address--for example, Outlook auto-inserted an email

address for someone other than the intended recipient

• The recipient forwarded the email

• An attachment contained hidden content, such as in an Excel tab

• Data was forwarded to a personal email account

Know your tools to protect intellectual property

A growing variety of software tools are available for tracking documents and

other IP stores. Data loss prevention (DLP) tools are now a core component of many

security suites. They not only locate sensitive documents, but also keep track of how

they are being used and by whom.

Defend Your Rights if Infringed

If you do find instances of infringement, take action. Depending on the situation,

you have several options, including:

• Send a cease and desist letter telling the infringer to stop using your work.

You can send it yourself, but for the most impact, have your lawyer send it.

• Send a Digital Millennium Copyright Act (DMCA) takedown notice for

copyright infringement on the Internet.

• Request a court injunction to stop a patent infringer from continuing to

make or sell the product.

• File a lawsuit. Depending on your situation, you have to decide if you have

a strong enough case to make this option worth the cost and effort.

Protecting Intellectual Property on Digital Files

 Intellectual property in digital format is called Digital intellectual property.

 Images, videos, audios, digital documents, software and databases can all be

considered digital IP. These assets are valuable. They can help you build a

successful brand and run effective marketing campaigns.

Copyright Protection for Digital Assets

 The law automatically gives copyright protection to the creator or first owner of a

piece of work. However, sometimes it can be difficult to prove this. If you produce

something original, you can show that you are the copyright owner by using the

copyright symbol ©, or make a comprehensive statement such as 'All rights are

reserved. No part of this work may be reprinted, reproduced or used without the

permission in writing of the publisher.'

 If a digital asset is used by someone without permission, this could constitute a

breach of copyright. Criminal offenses may occur where a person is making or

selling technology designed to break encryption which has been placed on digital

products.

Other Types of Protection for Digital Assets

 Some digital assets can be digitally protected by encoding, encryption, or

watermarking. These methods are designed to prevent unauthorized use of

assets such as photographs, films, music, or software that is licensed to a third

party.

 Some of these protections are designed for 'copy once, use many' approach

which is usually common case with software and entertainment products. Other
 assets can be downloaded on a time-limited basis- for example, for trial use of a

digital product.

Information stored electronically, particularly on computers connected to the internet,

needs protection from both lapses in security and IT disasters.

What should you do?

 Ensure sensitive information is kept on password-protected areas of your

system.

 Install firewalls and Anti-virus software and keep it up to date.

 Back up your work and ensure back-ups are stored securely, preferably off-site

 Protect your system against power surges and failure

Protecting Business and Domain Name

Business Name

A business name is your business's legal name. It is the official name of the

person or entity that owns a company. And, it's the name you use on your government

forms and business paperwork.

Domain Name

A business domain name is the web address of your business website; it's what

you type into your web browser to reach a website.

Protecting your business name and domain name

 Your business name is the most basic intellectual property (IP) asset you have. It

could also be the most important. Your business' reputation is tied up with its name so

you don't want somebody else trading on it.

If the name of your business is distinctive to the goods and services you provide,

you may be able to take legal action against anyone using it in the same or a similar

field.

Steps in Protecting Business Name and Domain Name

1. Register your business name and domain name.

 Registering a business name depends on the legal structure you chose for your

business.

 As soon as you come up with your business name, search for and register a

domain name. To protect your brand, be sure to register the same domain name

with alternate extensions, such as .net, .biz and .org, in addition to .com. Set up

automatic renewal on your registration so that you don’t lose ownership of your

domains.

2. Trademark your business name and logo.

 While you’re not required to trademark your name and logo, doing so gives you

added protection if someone uses a name or logo that’s the same or confusingly

similar.

3. Use your brand.

  The more you use your brand name, logo and other identifying elements, the

more proof you will have that they belong to you.

4. Monitor your brand.

 Set up Google alerts on your business name and use social media management

tools to see when your business name is mentioned.

5. Deal with infringement immediately.

 Typically, you’ll start by sending a “cease and desist” letter to the person or

company using your business name or logo. Explain your ownership of the

trademark, ask them to stop using it and state that if they don’t, you’ll be forced to

take legal action. You can find templates for cease and desist letters online or

have your attorney create one.

References:

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property/legal-guide/how-to-protect-your-intellectual-property-from-
infringement

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