Moral rights cover

What rights do moral rights cover?
Under moral rights, the author may claim:
(A)The right to have authorship recognized on the work. That is basically the right of the creator to
       have his or her name mentioned as the author, in particular when the work is used.

(B) The right to integrity of the work, that is the right to object to the work being modified, or being
       used in contexts that may cause harm to the reputation or honor of the author.

How are economic rights exploited?

  Many creative works protected by copyright require financial investment and professional skills for

their production and further dissemination and mass distribution. Activities such as book publishing,

sound recording or film producing are usually undertaken by specialized business organizations or companies, and not directly by the authors. Usually, authors and creators transfer their rights to these
companies by way of contractual agreements, in return for compensation. The compensation may take different forms, such as lump sum payments, or royalties based on a percentage of revenues generated by the work.
  Many authors do not have the ability or the means to manage their rights themselves. They often resort to collective management organizations or societies which provide for their members, the benefits of the organization’s administrative and legal expertise and efficiency in collecting, managing and disbursing royalties. These royalties are obtained from the national and international use of a member’s work on a large scale, by, for example, broadcasting organizations, discotheques, restaurants, libraries, universities and schools.

How long does copyright last?
Copyright has a time limit: it usually lasts for the life of the author and 50
years after his death. This rule, which is shared by the majority of countries, has been established by the Berne Convention for the Protection of Literary and Artistic Works. Once the term has expired, the work is in the “public domain”. Thereafter, everybody will be free to use the work, without obtaining a specific authorization from the copyright owner.

However, the Berne Convention allows to provide for a longer period. In order
to know what period of protection applies to a work in a particular country, it is
advisable to read the national copyright legislation of that country.

To what extent can you use someone else’s work without getting permission?

Copyright is subject to limitations and exceptions, which take into account social, educational and other public policy considerations. International treaties, as well as national laws, allow to freely use limited portions of a work for certain purposes, such as news reporting, or making quotations in a way compatible with fair practices, or by way of illustration for teaching.

Such cases of free use may vary from country to country and it is advisable to revert to the national law of that country, in order to verify whether advantage can be taken of such a possibility.

Why protect copyright?
Copyright contributes to human creativity by giving creators incentives in the form of recognition and fair economic rewards. Under this system of rights, creators are assured that their works can be disseminated without fear of unauthorized copying or piracy. This in turn helps increase access to the works and enhances the enjoyment of culture, knowledge, and entertainment all over the world.

Economic rights covered by copyright

What are the economic rights covered by copyright?

Under economic rights, the creators of a work can use their work as they see fit. They can also authorize or prohibit the following acts- in relation to a work:
   (1) reproduction in various forms, for example in a printed publication or by recording the work
         in cassettes, compact disks or videodiscs, or by storing it in computer memories;
   (2) distribution, for example through sale to the public of copies of the work;
   (3) public performance, for example by performing music during a concert, or a play on stage;
  (4) broadcasting and communication to the public, by radio or T.V, cable or satellite;
  (5) translation into other languages;
  (6) adaptation, for example by converting a novel or a play into a screenplay for a film;
  
           Recent international developments also allow for works to be protected in the context of  
       the Internet. The WIPO Copyright Treaty (WCT), concluded in 1996, addresses the challenges
      posed by today’s digital technology, thus ensuring that copyright owners will be adequately and
     effectively protected when their works are disseminated through new technology and
     communications systems such as the Internet.

Types of rights does copyright provide

What types of rights does copyright provide?

There are two types of rights under copyright:
         (a) Economic rights, which allow the owner to derive financial reward from the use and                               exploitation of the work; and
       
        (b) Moral rights, which highlight the personal link existing between the author and the work.

Copyright

What is copyright??

Copyright aims at providing protection to authors (writers, artists, music composers, etc.) on
their creations. Such creations are usually designated as “works”.

What is covered by copyright?
Works covered by copyright include, but are not limited to, literary works such as novels, poems and plays; reference works such as encyclopedias and dictionaries; databases; newspaper articles; films and TV programs; musical compositions; choreography; artistic works such as paintings, drawings, photographs and sculptures; architecture; and advertisements, maps and technical drawings.
Copyright also protects computer programs.

Copyright does not however extend to ideas, but only to the expression of thoughts. For example, the idea of taking a picture of a sunset is not protected by copyright. Therefore, anyone may take such a picture. But a particular picture of a sunset taken by a photographer may be protected by copyright. In such a case, if someone else makes copies of the photograph, and starts selling them without the
consent of the photographer, that person would be violating the photographer’s rights.

Do you need to accomplish any formalities in order to be protected?
     Copyright protection is obtained automatically without any need for registration or other formalities. A work enjoys protection by copyright as soon as it is created. However, many countries provide for a national system of optional registration and deposit of works. These systems facilitate, for example, questions involving disputes over ownership or creation, financing transactions, sales, assignments and transfers of rights.

Types of IP can be the Subject matter of IP

What types of intellectual creations can be the subject matter of IP?

It is generally understood that IP includes rights relating to the following:

(a) Literary, artistic and scientific works (copyright)

(b) Performances of performing artists, phonograms, and broadcasts (related rights)

(c) Inventions in all fields of human endeavor (industrial property)

(d) Scientific discoveries (industrial property)

(e) Industrial designs (industrial property)

(f) Marks and commercial names and designations (industrial property)

(g) Protection against unfair competition (industrial property)

(h) All other rights resulting from intellectual activity in the industrial,scientific, literary, and artistic fields Intellectual property is sometimes divided into branches. The areas mentioned under (a) belong to the “copyright” branch and under (b) to the “related rights” branch of intellectual property. The areas under (c), (d), (e), (f), and (g) constitute the “industrial property” branch of IP.

Intellectual Property

What is Intellectual Property?
The history of the human race is a history of the application of imagination, or
innovation and creativity, to an existing base of knowledge in order to solve problems
or express thoughts. From early writing in Mesopotamia, the Chinese abacus, the
Syrian astrolabe, the ancient observatories of India, the Gutenberg printing press, the
internal combustion engine, penicillin, plant medicines and cures in Southern Africa,
the transistor, semiconductor nanotechnology, recombinant DNA drugs, and
countless other discoveries and innovations, it has been the imagination of the
world’s creators that has enabled humanity to advance to today’s levels of
technological progress.
Protection of intellectual property is ensured not only at the national but also at
the international level. The World Intellectual Property Organization (WIPO)
administers more than 20 treaties about intellectual property.
You may find other references at:

• http://www.wipo.int/about-wipo/en/what_is_wipo.html

• http://www.wipo.int/treaties/en/

The Seven C’s of Effective Business Communication

The message is said to be effective when the receiver understands the same meaning that the sender was intended to convey. For any communication in business, in order to be effective, it must have seven qualities. These seven attributes are called seven C’s of effective business communication. (All these attribute starts with the alphabet ‘C’ so are called 7 C’s)

Seven C’s of Effective Business Communication:

1. Correctness
2. Clarity
3. Conciseness
4. Completeness
5. Consideration
6. Concreteness
7. Courtesy

1. Correctness

   At the time of encoding, if the encoder has comprehensive knowledge about the decoder of message, it makes the communication an ease. The encoder should know the status, knowledge and educational background of the decoder. Correctness means:
   
   • Use the right level of language
   • Correct use of grammar, spelling and punctuation
   • Accuracy in stating facts and figures

             Correctness in message helps in building confidence.

    2. Clarity 
   Clarity demands the use of simple language and easy sentence structure in composing the message. When there is clarity in presenting ideas, it’s easy for the receiver/decoder to grasp the meaning being conveyed by the sender/encoder. 
                        Clarity makes comprehension easier.
   
    3. Conciseness
   A concise message saves time of both the sender and the receiver. Conciseness, in a business message, can be achieved by avoiding wordy expressions and repetition. Using brief and to the point sentences, including relevant material makes the message concise. Achieving conciseness does not mean to loose completeness of message. 
                      Conciseness saves time.
   
    4. Completeness 
   By completeness means the message must bear all the necessary information to bring the response you desire. The sender should answer all the questions and with facts and figures. and when desirable, go for extra details.
                      Completeness brings the desired response.
   
   5. Consideration 
          Consideration demands to put oneself in the place of receiver while composing a message. It refers to the use of You attitude, emphases positive pleasant facts, visualizing reader’s problems, desires, emotions and his response. 
                   Consideration means understanding of human nature.
     
   6. Concreteness
       Being definite, vivid and specific rather than vague, obscure and general leads to   concreteness of the message. Facts and figures being presented in the message should be specif. 
                   Concreteness reinforces confidence.
   
    7. Courtesy
           In business, almost everything starts and ends in courtesy. Courtesy means not only thinking about receiver but also valuing his feelings. Much can be achieved by using polite words and gestures, being appreciative, thoughtful, tactful, and showing respect to the receiver. Courtesy builds goodwill. 
                  Courtesy strengthen relations.

Intellectual Property for Technological Capacity Building, Economic Growth and Development

Licensing as a Tool for Technology Transfer in case of Intellectual Property

 1.  DO YOU NEED TO ACQUIRE TECHNOLOGY?

Do adequate problem analysis :

•Problem may be non-technical

  -  A management problem

  -  An organizational structure problem

  -  Etc.

•Need a technical solution, then

  -  Ascertain what you want

  -  Whether available in-house

              -  If not, acquire elsewhere

2.  WHAT IS NEXT?

To acquire the appropriate technology

•The choice of partner

•The method of acquisition

•Prepare for a negotiation process

•

Note:  A good Patent Search may be able to help you to   identify the right partner and the right type of   technology to acquire.

 3.  TYPES OF LICENSES

 ·   Exclusive License

-  Licensee (Technology Buyer) the only entity to   exploit the technology

-  Not even licensor (Technology Supplier) permitted   to use the technology

  · Non-Exclusive License
  - Licensor can grant any number of licenses to use   the technology

  · Sole License
        - Licensor grants right to one licensee but reserves right for himself



4. THE NEGOTIATION PROCESS

·   Can be a Complex and Difficult Undertaking 

          - Involves competent peoples for consultations on legal, commercial & technical issues

          - Involves compatible parties who are able to work together and cooperate toward
             common goals

·   Licensor May Use Standard Licensing Agreements

         -  Licensor put forward initial bargaining positions
         -  Licensee should be aware of alternative possibilities

         -  Never press any objective into standard legal model 

·   For Individual Inexperienced Licensee (the buyer)

           - Obtain professional service being the best solution
           - Keep at hand a checklist of typical license provisions during negotiation
           - Consult local Licensing Executive Society, if any

5.  SOME KEY ISSUES AND ADVICES

Since most technology buyers are from developing countries, they should pay special attention on the following :

·  Know exactly what is wanted

        - Do adequate problem analysis
        - Collect sufficient information for decision- making
        - A comprehensive patent search is helpful

  *  IPR determines value of technology

  *  Lapsed patent or unprotected technology is   free of charge

·  Desired end results guaranteed

       -  A guarantee that technology would achieve desired   end results

       -  Technology supplier obliged to supply all relevant   expertise and know-how

       -  No such thing as “buy at your own risk” 

·  Maintenance of IPR’s

      -  Ensure technology patented in country concerned

     -  Technology supplier responsible for validity &   maintenance of patent

     -  Value of technology or royalty directly related to IPR’s

 · No unfair tie-in clauses

     -  Minimum tie-in obligations, such as

     *  Requirement to purchase equipment, raw   materials, etc. from licensor

     *  Territorial restriction on sale of products   concerned

     *  No development on technology by licensee

·  No separate fee for training

    -  No extra charges for training of manpower, except

     *  Out of pocket expenses

  · Right After Expiry of Agreement
       - Licensee should have the right to continue to use the technology
       - Otherwise, licensee would be left with installations & assets that cannot be used

· Use of Own Trademark
      - Licensee can use own trademark for products made by the technology
      * Own trademark has reputation
      * Licensor’s trademark not registered

How to use the AIPN

3. How to use the AIPN?

Just Access: http://aipn.ipdl.inpit.go.jp/

 

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