TBMM 3123
MULTIMEDIA PROJECT MANAGEMENT
TITLE:
ASSIGNMENT 1
CLASS:
BE016A 2021/2022
LECTURER’S NAME:
MADAM NORFAIZURYANA BINTI ZAINAL ABIDIN
DUE DATE:
30 JULY 2021
GROUP MEMBERS:
NAMES
MATRIC NUMBERS
NAZIFA ATHIRAH BINTI ABAS
18BE01028
NADIAH NAJWA BINTI ABDUL HALIM
18BE01045
ALYSHA ATIQAH BINTI ALI
18BE01046
Table of Contents
COPYRIGHT .................................................................................................... 3
Description/ Functionality............................................................................... 3
Features .......................................................................................................... 3
Examples ........................................................................................................ 4
PATENT......................................................................................................... 5
Description/ Functionality............................................................................... 5
Features .......................................................................................................... 5
Examples ........................................................................................................ 6
TRADEMARK .................................................................................................. 7
Description/ Functionality............................................................................... 7
Features .......................................................................................................... 7
Examples ........................................................................................................ 7
INDUSTRIAL DESIGN .................................................................................... 8
Description/functionality ................................................................................ 8
Features .......................................................................................................... 8
Example.......................................................................................................... 8
GEOGRAPHICAL DESIGN ............................................................................. 9
Description/Functionality ............................................................................... 9
Features .......................................................................................................... 9
Examples ...................................................................................................... 10
INTELLECTUAL PROPERTY ISSUES ......................................................... 11
COMPARISON OF 2 COUNTRIES THAT MANAGE INTELLECTUAL
PROPERTIES.................................................................................................. 13
References ....................................................................................................... 15
2
COPYRIGHT
Description/ Functionality
If someone creates an original work or product which required a big amount of mental
activity to create it, this work eventually becomes an intellectual property that have to be
protected. Thus, a safeguard which can be applied to legally protect this original work is
copyright. Copyright defines as the legal right of the owner of intellectual property.
In other words, only the original creators and anyone they give permissions or authorization to
have the exclusive right to publish, reproduce or sell a particular products or work. The work
involves educational, literary, artistic, musical, software forms of work. Copyright is granted
by public government law of certain territory that may be different from country to country,
which considered as “territorial rights”. A lot of countries have variety copyright formalities to
organize copyright.
Features
The first important feature of copyright is creation of statute which tells that the Statute
grants the copyright and there is no other common law right. The second one is multiple rights
which involves a lot of rights in the same work. Through it, there will be a right to adaptation,
right to reproduction, right to translation, right to change the work, and right to publication. It
also provides the monopoly right to the original owners or creators. Apart from that, it also
gives the right to protect their work from exploitation or unauthorized reproduction and restrict
others from copying the work.
The third one is it must be purely existing in the expression of idea. Copyright only
exists for the original work from idea that has been expressed physically, not the only idea or
theory. The last one is the originality of work which considered as the main important
requirement for claiming the copyright. Original work is the one that is not copied by any other
person. Only one with the original work of authorship automatically has the copyright to the
work.
3
Examples
Scenario 1: An instructor wants to capture an image from the Internet and place it in her own
webpage.
If the image is protected by copyright, the instructor must analyse, balance and
weigh this use using the Checklist for Fair Use of Copyright. The purpose may be
questionable if the website is a personal website that is not for research, scholarship,
comment, reporting, or teaching. Apart from that, fair use is opposed if credit is not
given to the copyright holder. The instructor should seek permission to use this image.
Copyright symbol:
4
PATENT
Description/ Functionality
A patent is a sort of intellectual property right that is awarded to anyone who creates a
new, useful, and non-obvious technical invention. In other words, it's an abbreviated version
of the phrase letters patent, which was an open document granted by the government granting
exclusive rights to the owners for a set amount of time to prevent others from creating or selling
an innovation. Owners of legitimate patents in those countries have the right to prevent others
from using their invention and to trade their patent by selling it or licencing the use of their
creation.
Features
Three traits must be present in a patent invention: novelty, usefulness, and nonobviousness. It is simple to meet the novelty criteria. The invention must be new as not exist
yet. Next, there is a two-fold usefulness requirement, which states that the invention has a
meaningful purpose and that it must fulfil that purpose. The final characteristic is that it is "not
obvious," implying that an inventive step is necessary. The invention must be completely
different from what presently exists in the field but regularly with the small improvements of
it will be patented easily.
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Examples
The basic kind of patents that allowed are:
-
Utility patents, which cover inventions that create a useful result in a unique way.
-
Design patents, which include an object's surface shape that is unique, ornamental,
or visible.
-
Asexually reproducing plants are covered by plant patents.
6
TRADEMARK
Description/ Functionality
A distinctive insignia, phrase, word, or symbol that represents a certain product and
legally separates it from all other products of its kind is referred to as a trademark. A trademark
is a sign that uniquely identifies a product as belonging to a certain organization and
acknowledges that company's ownership of the brand. Trademarks are a type of intellectual
property that can be registered or not. Although trademarks do not expire, the owner must use
them on a regular basis to maintain the protections they represent.
Features
Trademarks consisting of text, pictures, letters, numbers, 3D marks, colour
combinations, and combinations of these elements are some of the features of trademarks. The
use of a trademark prevents others from copying a company's or individual's products without
authorization. They also restrict any marks that have a high risk of being confused with one
that already exists. This implies that a company can't use a symbol or brand name that looks or
sounds like, or has the same meaning as, one that's already registered—especially if the
products or services are interrelated.
Examples
Trademarks can be classified as a variety of various kinds of distinguishing marks such
as: name, symbol, lyrics and etc.
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INDUSTRIAL DESIGN
Description/functionality
Industrial design is a design or an appearance of a product that is a combination of a
variety shapes, colours and lines that gives the product its unique and appealing for the
consumer. Aside from the focus of appearance industrial design also pays attention on the
functions and manufacturability of the product designed for the consumers comfort and
enjoyment.
Features
Industrial design rights offer protection for the owner of a registered design and design
patent that gives the designer the right to prohibit other 3rd party to steal, copy or manufactured
the designs with the intention to obtain profit without the permission from the owner of the
designs
For an industrial design to be protected it is required for the designs to be registered as
a “registered design” which is under the industrial design law in most countries, however in
some countries industrial designs that are protected under patent law are referred as “design
patents”.
In certain countries, the industrial design laws grant an “unregistered industrial design”
which is a design that is without registration but have a limited range of protection.
For some certain national law and the type of the design, some industrial designs can
be protected as a work of art under copyright law.
Example
The industrial design No. 36136
The trademark No. 252309
The combination of essential features shown in the product images will allow it to be
determined whether or not the product or design is within the scope of legal protection of
designs.For trademarks, its legal protection scope is decided by the list of goods and service as
well as the mark that will be used in accordance to the International Classification and Goods
and Services.
The International Classification of Industrial Designs is considered the classification
for industrial design. The foremost similarities of trademarks and industrial designs is that they
can be recognized in terms visuals, as there is some instance where both the industrial design
and trademark are combined or an industrial design that might already contain a registered
trademark.
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GEOGRAPHICAL DESIGN
Description/Functionality
A geographical indication (GI) is a label that is applied to items that have a specific
geographical origin and that have traits or a reputation that are due to that origin. A sign must
identify a product as coming from a specific location in order to operate as a GI. Furthermore,
the product's traits, characteristics, or reputation should be mostly due to the location of origin
There is an obvious link between the product and its original site of production because the
attributes are dependent on the geographical location of production.
Features
The Geographical Indications of Goods (Registration and Protection) Act, 1999, has
been described as a one-of-a-kind policy proposal since it departs radically from its inspiration.
Apart from being a carbon replica of the TRIPS agreement, which focused just on wines and
spirits, the Act provides flexibility in the government's product range. Overall, it establishes
the basis for India's intellectual property rights and supports in the creation of an appropriate
mechanism for upholding its provisions, as well as an indigency system in the case of a crisis.
Key Features: –
1. It lays out the procedure of registering a Geographical Indication tag for a product or a
commodity in a clearly and concisely.
2. The Act establishes a registry for products and commodities, which includes information
including the description, year of application, and state of origin.
3. It clarifies key concepts like 'authorised user' and 'registered entity' by clearly defining the
terms "registered proprietor" and "registered proprietorship."
4. The Act provides items that have been notified or registered with it with a high level of
protection.
5. It serves as a deterrent to those who infringe on registered products or compromise their
integrity in any other way.
9
Examples
10
INTELLECTUAL PROPERTY ISSUES
Intellectual property is protected by the law such as the copyright, patents and
trademark. The existence of these law is what allows designers and inventors alike to gain
benefit in terms of fame and fortune in what they have created. Despite this, the existences of
these laws have been questioned and argued multiple of times due to a variety of arising issues.
Some of the issues has been listed below.
Types of
NO intellectual
property
Issues
Copyright issues can happen when someone use another person’s work without
1
Copyright
permission. A creator has the exclusive right to distribute, copy, modify and
display their works, if another person does this without permission, then it is
considered as copyright infringement. The law of copyright has change from time
to time but still retain its core aspect of protecting original work. Violating
copyright infringement in considered a crime with varying punishment.
The patent system is a system that protects the invention of another person similar
2
Patent
to that of a copyright infringement. Majority of issues involving patent are within
the field of invention as well as research and development, one of its issues is that
the cost of maintaining a patent is too expensive and once obtained it lacks in terms
of commercial value. It has been argued by many that since patent has existed
before the development of advance technology means that it cannot be utilised on
something as complex as a software, many IT company had argued that not only
patent is expensive to maintain but defend it requires reducing money from other
departments. Developers had stated only large company are able to afford it rather
than individual developers and small company. Many had argued that the
additional protection of patent was unnecessary, and that copyright alone can
provide the sufficient protection needed. Thus, as a result many had regard patent
was inappropriate to be used in the field of technology due to its fast paced of
innovation since it would make the field lest innovative in terms of inventing.
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Trademark infringement is when a person uses a certain trademark owned by
3
Trademark
another person or business unauthorize in a way that can cause confusion to others.
Since many businesses owns a personal trademark means that there is possibility
that other people can violate the trademark without realising it. Many have advised
that before starting a business it is important to search and identify whether or not
the trademark of your choosing is not being used by others.
As of now industrial design has no specific protection however multiple
4
Industrial
alternatives of intellectual property protection are possibly available for industrial
design
design. However, it is argued that copyright, trademark and design patent law is
capable of protecting industrial design yet at there are others who stated that there
is no reason for industrial design to be warranted with an intellectual property as
it limits the potential for competition and availability of products for costumers.
Depending on the country and nation, the condition and terms to obtain a
5
Geographical
geographical indication may vary which makes it very difficult to implement it as
design
there might be obstacles and shortcomings that might arise depending on the
situation.
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COMPARISON OF 2 COUNTRIES THAT MANAGE
INTELLECTUAL PROPERTIES
Types of intellectual
property
China
Europe
1. Copyright
Copyright is protected from the date
of creation You do not have to register
a copyright to enjoy protection;
however, registering your copyright is
an option in China and is
recommended in order to prove
ownership.
Copyright is protected from the date
of creation You do not have to register
copyright to enjoy protection. Only a
few EU Member States provide
copyright registration to provide
proof of ownership (please check for
availability of registration here:http://
www.innovaccess.eu/). You should
keep a record of authorship and a date
of establishment of a work of art in
order to enforce your copyrights.
2. Patent
Registration takes less than one year
for utility model patents and 3 to 5
years for invention patents. Invention
patents are valid for 20 years and are
normally granted within 3 to 5 years.
Utility Model patents are valid for 10
years and normally granted within 1
year.
Time for registration depends on EU
country There is no EU patent law yet
(the EU Unitary Patent is expected to
be available as of 2017), and every
EU country has its own patent law and
regime. The time for registration of a
patent depends on the law and the
practice of the specific EU country.
3. Trademark
Visual and sound trade marks are
recognised Only trade marks which
are made up of words, graphics, a
combination
of
both,
colour
combinations, 3D marks, or sound
marks are recognised in China. China
does not recognise scent trade marks.
Visual, sound and scent trade marks
are recognised European Union
Member States recognise not only
visually perceived marks and sound
marks, but also other types of marks
such as scent trade marks.
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4. Industrial Design
Designs need to be registered as
design patents to be protected. As with
invention patents and utility models, a
design which has been previously
disclosed anywhere in the world
before applying for registration in
China will not be registrable.
Additionally the design must be
sufficiently distinguishable from other
designs. Only after formal registration
can you enforce your rights to a
design.
Designs can be protected either as an
unregistered Community design or as
a registered design. The European
system gives you an option to have
your design protected for three years
from the date it was first made
available to the public within the
European Union without necessity of
registration. However, if you wish to
have your design protected for more
than three years, you should register
at the EU level or in your country.
Usually, designs that change often,
such as those of fashion, can still be
protected even if unregistered,
whereas designs with longer lifespans
designs should be registered.
5. Geographical Design
European
geographical
indications/designations
can
be
protected through registration with the
General Administration of Quality
Supervision,
Inspection
and
Quarantine (AQSIQ), can be
protected by a trade mark registration
with the CTMO, and can be protected
by registration with the Chinese
Ministry of Agriculture. It is possible
to
protect
geographical
indications/designations of origin as
Chinese collective or certification
trade marks, and protection can be
granted over all types of goods and
services. In addition to registering as a
trade
mark
(collective
or
certification), GIs can be registered at
AQSIQ by your GI organisation to
provide an extra layer of protection
with regards to the quality and
standards of the product. Lastly, there
is the option to register GIs with the
Chinese Ministry for Agriculture,
which is so far untested in practice.
European
geographical
indications/designations of origin are
protected in the whole European
Union. This protection is limited to
agricultural products and foodstuffs,
namely: wines, cheeses, hams,
sausages, seafood, olives, beers,
breads, fruits, raw meats, vegetables
etc.
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References
1. Layton, J., J.D. (2021). How to Avoid Copyright Infringement. Retrieved from
https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement
2. River, B., J.D. (2021). Forms of Copyright Infringement. Retrieved from
https://www.legalzoom.com/articles/forms-of-copyright-infringement
3. Pirzada, J. (2008). The patent problem. Retrieved from
https://www.bcs.org/content-hub/the-patent-problem/
4. (2021). About Trademark Infringement. Retrieved from
https://www.uspto.gov/page/about-trademark-infringement
5. Doughty, A. P. (2014). Avoiding Three Costly Mistakes: Common Trademark and
Copyright
Pitfalls
That
Plague
Businesses.
Retrieved
from
https://www.wardandsmith.com/articles/common-trademark-copyright-intellectualproperty-pitfalls
6. (2011). Intellectual Property in Industrial Designs: Issues in Innovation and
Competition. Retrieved from
https://www.everycrsreport.com/files/20110105_RL34559_80d3a5e70f5463942126c
600517d07bc35f8b939.pdf
7. (2020). Explained: Geographical Indications of Goods (Registration and Protection)
Act, 1999. Retrieved from
https://lexlife.in/2020/05/21/explained-geographical-indications-of-goodsregistration-and-protection-act-1999/
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8. Intellectual Property Systems: China / Europe Comparison. Retrieved from
https://www.chinaiprhelpdesk.eu/sites/all/docs/publications/Intellectual_Property_Sys
tems_China_Europe_Comparison.pdf
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