2 inventors’ open day protecting your assets in mauritius your... · main objectives: “a modern...
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2nd Inventors’ Open Day Protecting your assets in Mauritius
By
Anishah Aujayeb
IP & Patent Team
Juristconsult Chambers
17th September 2012
JURISTCONSULT www.juristconsult.com
JURISTCONSULT www.juristconsult.com
Juristconsult Chambers Level 6, Newton Tower
Sir William Newton Street Port Louis
Pioneer Law Firm in Mauritius
Dedicated IP & Patent Team
Understand the needs of the Mauritian Society
Strong links with IP Sector in Mauritius and across the world
Intellectual Property encompass the application of ideas and
information that are of commercial value
The “What”, “How” and “Why”
Concept
A) The “What”: Various forms of Intellectual Property
Trademarks
Patents
Industrial
Designs
Copyrights&
Trade Secrets
Trademarks
What do we understand by a trademark?
“Symbols needed by consumers to distinguish between competing products and services”
Levis for Jeans; Mercedes for Cars; Panasonic for Televisions
Effect created: Difference between origin and good value or quality.
What to do with a trademark?
The Use of a Trade Mark
The concept of ‘use of a mark’ differs across the globe
Dependant of the local legislation
Use of a trademark- Loose term of the word
Production
Direct
Sales Third
Party Sales Franchises
Patents
What do we understand by a patent?
“Granted in respect of an invention, i.e., technological improvements, great and small, which provides the solution to a specific problem in the field of technology”
Considered as the most basic, the most valuable and to competitors, the most
dangerous of IP categories.
Effect created: Used to prevent all others from including any form of the
invention in their product and services
Patents
Not freely available for all industrial improvements
Has to be qualified as “patentable invention”
Rights conferred by patent
Use of the patent: Exploitation
Licensing to third parties
Industrial Designs
“ Any composition of lines or colours or any three dimensional form, or any material, whether or not associated with lines or colours, is deemed to be an industrial design, provided that such composition, form or material- 1) gives a special appearance to a product of industry or handicraft; 2)can serve as a pattern for a product of industry or handicraft; and 3)appeals to and is judged by the eye.”
Has to be new!
Clear regulations to establish a clear demarcation
Subject to IPR only for a limited period
Copyrights
All original works of authorship automatically have a copyright simply
by being created.
Copyright Law protects the published and the unpublished
Only protects the form in which something is laid out
Copyrights
Protection
of works
Protection
of ideas
JURISTCONSULT www.juristconsult.com
Mixed legal system
Best of both worlds…
Intellectual Property Office & The Police Force
Our Intellectual Property & Patent Legislation
Based on the
effective
Singaporean
Model
In Accordance
with
International
Standards
Locarno
Classification Nice
Classification
12
The Patents, Industrial Design and Trademark Act 2002
Copyrights Act 1997
Protection against Unfair Practices (Industrial Property Rights) Act 2002
Layout Designs of Integrated Circuits Act 2002
The Geographical Indications Act 2002
Strong links with the World Intellectual Property Organisation
Set up in 2003 under the 2002 Act
Main objectives: “A modern and well-enforced intellectual property system to be recognised as an important commercial asset and driving force as well as a crucial factor for national socio-economic and technological development.”
Mission: “To ascertain that effective protection of Industrial Property Rights creates a conducive environment for innovative and inventive activity as well as for an orderly exchange on goods and services in the market place”
Provides a full-on assistance to the general public
If you use someone else’s Intellectual Property without their permission, you may be
infringing their IP Rights…
Trademarks….
Patents….
Designs….
Copyrights….
Counterfeiting & Piracy
Passing Off
Registration, Licensing & Franchising Agreements between owners and third party
users
Complaints to the Intellectual Property Office
Mauritius Society of Authors
Copyrights Desk, via the Ministry of Arts & Culture
Anti-Piracy Unit of the Police Force & The Customs
Mediation- out of court settlements
Intellectual Property Tribunal
Under the jurisdiction of Mauritius in regards to applications and objections
Precedents have provided remedies such as:
Injunctions to restrain further infringement;
Destruction of infringing items
Delivery up of infringing articles
Damages
Account of profits
Border Control
There is an urgency for a better system for the protection of IP Rights
More awareness of the use of IP- a bigger economical impact
The need to understand the importance of guaranteeing IP Protection to foreign
investors
Ignorance is not an excuse for neither infringers nor for owners!
We are lagging behind when compared to other sectors
Index Global Rank (Mauritius)
Africa Rank (Mauritius)
International Property Rights Index 2012 65 out of 130 6 out of 24
The “Why?”
Our responsibility to understand and implement Intellectual Property under
all its forms in our society…
The legislations and the institutions have been set up…
Remedies for breaches are being catered for….
Let’s take note of the following:
“ Social progress comes from perfect protection of intellectual
property…” ~ Lawrence Lessig
THANK YOU
JURISTCONSULT www.juristconsult.com