1) Outline of the course
a. What can IP do for companies (the function of intellectual property rights IPRs) i. Intellectual property rights transform knowledge into value. ii. The territory of IP is a territory for growth and wealth. b. Many IPRs, much opportunity
iii. Patents, industrial designs, but also trademarks and copyright: iv. Economic value of IPRs through legal mechanisms: 1. For their granting (through registration or automatically) 2. For their enforcement.
v. Exclude others from a property right.
c. Two ways to get the rights
vi. Through registration
3. Italian patent application – app. Reviewed by patent office. Not verified and therefore not very strong (weak = cheap = easily accessible). 4. (strong = expensive = substantive examination) 5. Some states have done away w/ substantive examination because too many people have to be hired for the analysis, getting the patent would be expensive, nobody would apply for patents. 6. Patent = national property title.
a. Remains national (maintain sovereignty in this area) b. International cooperation otherwise.
7. Value linked to who granted it.
c. You may want a weak patent (want to show that you have grounds for the patent, but in reality you really don’t). vii. Automatically.
8. Harder to enforce than one that is granted after analysis. d. Quality of enforcement –
viii. US has good enforcement, but costs a lot.
ix. China – strong IP granting system, but weak enforcement system (Some areas, not all. Many Asian countries are this way). x. Equilibrium between Quality of granting/quality of enforcement. xi. The bad guys of IP –
9. Section 301 – blacklists for countries that infringe international copyright acts. d. In Europe? Very few – exception: Greece. e. Defensive and Offensive strategies –
xii. IPRs facilitate
10. Company protection
11. Internal cohesion
e. Patent to keep members from going to competitors w/ an idea. 12. Ambush and mines
f. Make a patent and wait for someone to infringe on it and then sue. g. Amazon “one tick” technology – “Do you want us to remember your information” i. Amazon applied for patent.
ii. Barnes & Noble – made a website and copied the “one tick” technology. iii. B&N said that this is not new technology. Eventually asked for a license to use this technology. 13. Access to the technology market
h. Sell something to others and get something back from them. i. Ericksson/nokia case.
14. IPRs serve SMEs and big companies.
f. Why are IPRs important?
xiii. From Ancient Rome to the TRIPs Agreement: IPRs offer protection to companies, innovators, and consumers. 15. Fortis – first copyright. counterfeited by the Venetian nations and China. 16. 1474 – Venice copyright law.
17. Printing press/internet – transfusion of knowledge changes things considerably. j. Before printing press, copies made by hand, therefore no authors before the 16th century. xiv. The concept of IPRs was exported from Europe to the World. xv. The WTO TRIPs agreement represents the worldwide acceptance of the importance of patents and IPRs in general for trade and business operators.
1) Defensive/offensive strategies
a. IPRs facilitate –
i. Company protection
ii. Internal cohesion
iii. Ambush and mines
iv. Access to the tech. market
b. IPRs serve SMEs and big companies