Intellectual Pr

Topics: Intellectual property, Trademark, Paris Convention for the Protection of Industrial Property Pages: 14 (2088 words) Published: December 24, 2014
Teresa da Silva Lopes

Intellectual Property Rights in
International Business Strategy

International Business Strategy
1

Intellectual Property Rights in IBS
Learning Outcomes
-  Distinguish trademarks, from patents, copyrights and trade secrets.
-  Discuss the importance of intellectual property protection in today’s global business.
-  How protection of intellectual property rights may affect the activity of a firm operating internationally

Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

2

Context of Intellectual Property Rights (IPR)
•  An IPR is an intellectual property right on “imagination made real” (as defined by the US patent and trademark
office).
•  IPRs came about as a natural evolution from property
rights on land, capital and labour.
•  An IPR is intangible as opposed to tangible property
•  IPRs are extremely important because it provides a legal mechanism to have:
- competitive differentiator (truly strategic elements in IB) - exclusivity
- increase performance and value creation
- improve sustainability
Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

3

Context of Intellectual Property Rights (IPR)
• 

Increasing importance of Intellectual Capital (IC) including Intellectual Property Rights (IPRs) in global business

• 

Capturing value from IC and knowledge-based assets has become the new major issue:
–  finding ways in which institutions can help firms with this increasingly important practice has become an explicit agenda for many
governments

• 

Consensus among industry, national governments, international agencies –  tightening the IPR system will enable firms to better capture the value from their productive knowledge assets.

Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

4

Types of Intellectual Property
Patent
A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.

Trademark
exclusive right to a distinctive name, word, sign, symbol or logo - guarantee of origin and is protected by law

Copyright
Protects literary, dramatic, musical and artistic works – including computer software.

Trade secret
(confidential information) is a formula, practice, design, instrument, pattern or compilation of information which is not generally known or reasonabily ascertainable, by which a business can obtain an economic advantage over competitors or customers.

Industrial designs
The use of both applied art and applied science to improve the aesthecis, ergonomics, functionality and/or usability of a product and may also be used to improve the product’s marketability and even production, (eg. shape, model or ornament – such as shoes, bricks, carriage etc of a product).

Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

5

Asset and Protection

Type of Asset

Mode of Protection

. Invention

. Patents

. Logo, Mark

. Trademarks

. Physical expression of ideas

. Copyrights

. Marketplace and existing
technology knowledge

. Trade Secrets and Non-competes or
publication

6
Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

Non patentable things
Some examples:
. Naturally occuring things
. Mental processes and mathematical formulas and algorithms
. Things that are not useful
. Scientific principles
. Works of authorship
. Procedure of Medical treatment
. Discovery of new element or substance

Univ. of York; International Business Strategy; Professor Teresa da Silva Lopes

7

Structure of a Patent
Abstract: General overview of the invention
Specification:

. Description of the invention
. The manner and process of making and using it
. The precise invention
. Describe completely specific embodiment of
the...
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