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ENGINEERING DESIGN
LECTURE 9
Mr L. Sanassee
Mechanical and Production Engineering Department
Faculty of Engineering
University of Mauritius
What is Intellectual Property?
It includes:
• patents,
• trademarks,
• Copyrights
• Industrial Property
• Industrial designs
• Confidential information
• Geographical Indications
• trade secrets.
Can be sold
Can be bought
Can be lease or rent
Can pass under a will
Can be assigned
The Laws For Intellectual Property
Protection
Arbitrary marks.
words that have a common meaning but are applied to a
product or service that is UNRELATED to that meaning.
(APPLE for computers, SHELL for gasoline, and
BLACKBERRY for cell phones)
Categories of trade marks
Suggestive marks.
Indicate some quality or characteristic of the products or
services or in connection with which they are used, but they
do not directly describe the product or service. ( AIRBUS for
airplanes, KITCHENAID for kitchen appliances, and
SWEETARTS for candy)
Descriptive marks.
directly identify the nature of the products or services
without imagination, thought, or perception. (COLD AND
CREAMY as a trademark for ice cream)
Registering the Trademark
Filing must meet four requirements:
Completion of the written form.
A drawing of the mark.
Five specimens showing actual use of the mark.
The fee.
Types of licensing:
Patent license agreements - Specify how the
licensee would have access to the patent.
Trademark license agreements - Involve a
franchising agreement.
Copyright license agreements - Involve rights to
use or copy books, software, music, photographs,
plays, etc.
Patents
Patent - Grants holder protection from
others making, using, or selling similar idea
Example of GI products:
• Swiss made
• Swiss chocolates
Enforcing IP rights
Civil action
• Starting a civil action
• Advantages
• Liability for cost
• Monetary compensation in term of damages
Criminal prosecution
• Police or enforcement division
• Remedy in term of fines or imprisonment for the offender