ON Rotection OF Intellectual Property Rights: Patuakhali Science and Technology University Dumki, Patuakhali

REPORT ON
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Patuakhali Science and Technology University

Dumki, Patuakhali
SUBMITTED TO
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Protection of Intellectual Property
Md. Muzahidul Islam
Lecturer
Department of Management Studies
Faculty of Business Administration and Management
SUBMITTED BY
Group:
05 (liberty)
Level: 04; Semester: 01
Faculty of Business Administration and Management
01Md. Mofizer Rahaman Member 12 00671

02 Dipayan Chakma Member 17 00676
03 K.M. Assaduzzaman Member 06 00665
04 Tanjia Sultana Member 10 00669
05 Azmiry Khanom Member 20 00679
06 Shofiq Uddin Khan Member 23 00682
International Business
Course code: MST-419
Date of Submission: June 03, 2009

Dumki, Patuakhali
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PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
LETTER OF TRANSMITTAL
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Date: June 03, 2009
Md. Muzahidul Islam

Lecturer
Subject: Submission Term Paper on “Protection of Intellectual

Property Rights.”
Dear Sir,
Here we are submitting our term paper on “Protection of Intellectual

Property Rights.” prescribed by you on your course International
Business. For this purpose, we have gone through internet, different
books, articles, and journals.
Please call us for any further information at your convenient time

and place.
Yours truly,
Group 05 (Liberty)
BBA
Level- IV Semester- I
Session: 2004-2005
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LETTER OF AUTHORIZATION
Date: June 03, 2009
Md. Muzahidul Islam

Lecturer
Subject: Declaration regarding the validity of the report.
Dear Sir,
This is our truthful declaration that the “Protection of Intellectual

Property Rights.” we have prepared is not a copy of any report
previously made by any group.
We also express our honest confirmation in support of the fact that

the said “Report” has neither been used before to fulfill any other
course related purpose nor it will be submitted to any other person
or authority in future.
Yours truly,
Group 05 (liberty)
BBA
Level-IV Semester-I
Session: 2004-2005
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ACKNOWLEDGEMENT
During the period of preparing the report, we had gained altruistic

assistance from a number of persons including our honorable and
respectable course teacher Md. Muzahidul Islam, Lecturer,
Department of Management Studies, faculty of Business
Administration and Management.
We are thankful to the respective personnel of different organization

because they showed their highest degree of temperament in
answering our relentless questions. Such if their friendly cooperation
and kindness did not even allow us to strive for a single moment for.
Last of all, thanks to every members of this group. They put their
spontaneous endeavors and best effort to complete the report
successfully.
TABLE OF CONTENTS
[
Contents
Page no.
[
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Letter of transmittal
iii
Letter of authorization
iv
Acknowledgement
v
Executive summary
vii
[
CHAPTER: 1
[[[
Scope and objectives of the report

viii
Methodology of the study

ix
Limitation of the study

x
[
CHAPTER: 2
ABSTRACT
01
OBJECTIVES OF PROTECTING INTELLECTUAL PROPERTY 02-

03
HISTORY
03-04
WORLD INTELLECTUAL PROPERTY ORGANIZATION

04
INTELLECTUAL PROPERTY: GENERAL THEORIES

05-06
BANGLADESH INTELLECTUAL PROPERTY LAW

06-07
Chapter 4
INTRODUCTION
08
INTELLECTUAL PROPERTY
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PATENTS
10
KNOW-HOW
10
COPYRIGHT
11
DESIGN
12
DATABASE RIGHT
12-13
TRADEMARKS
13-16
PROTECTING INTELLECTUAL PROPERTY

Copyright
17-18
Patents
19-20
Designs
20-21
Database Rights
22
Trade Marks
23
Confidentiality
24
HOW STRONGER PROTECTION OF INTELLECTUAL
PROPERTY RIGHTS AFFECTS INTERNATIONAL TRADE FLOWS

25-26
CRITICISM
27
SUMMARY AND CONCLUSION

28
REFERENCE
28
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EXECUTIVE SUMMERY
This report is an assigned job as partial fulfillment of course

requirement by honorable course teacher Md. Muzahidul Islam,
Lecturer, department of Management Studies, faculty of Business
Administration and Management, Patuakhali Science and
Technology University, Dumki, Patuakhali. The view of this report is
to find out the methods of protecting the intellectual property rights.
Protection of intellectual property rights are now the burning

question of the day. In this present competitive business world each
and every where there is high competition. Every one wants to earn
a large profit. For this, there may be some cases of doing wrong
thing. But it is not legal. All have to work on their way. And then
need the right way of protecting the intellectual property rights.
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INTRODUCTION
SCOPE AND OBJECTIVE OF THE REPORT
As a business executive of future, we should have to

gather experience beside our institutional education. We should not
concern our lesson only in classroom but to implement it in practical
life that will help us in our future life.
So, identify objectives is very much important. Our purpose of

preparing the report is:
To know more about intellectual property.

To define the government steps regarding intellectual
property.
To know the private organizations’ intellectual property
rights.
To know about the present situation about protection of
intellectual property.
To identify the current state of affairs regarding protection
of intellectual property.
To know about how the organization treat intellectual
property-as an asset or something other.
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To gather some knowledge about the rules and regulation
about intellectual protection.
METHODOLOGY OF THE STUDY
Collection of data is an important part of a term paper preparation.

In preparing the report, we have maintained some steps. Which are
given bellow —
Step-1: At first, we collect data about the protection of

intellectual property and followed the primary and the
secondary data collection method.
Step-2: For primary data collection, made an interview of some

lawyers and different organization and gathered primary data.
Step-3: For the collection of secondary data, we provide

interview schedule through e-mail and collect several
information’s about our report.
Step-4: we also gather some secondary data with the help of

different web site.
Step-6 : then we write, tabulate and analyze the whole

information
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Step-6: with the above procedure we have completed the
report successfully.
LIMITATION OF THE STUDY
It was not so easy to us prepare such type of report as the following

reasons was existed.
This report is based on protection of intellectual property. We

don’t have sufficient knowledge about intellectual property.
This is a descriptive and analysis based report. So it needs

sufficient time. But we do not have surplus time to make such
kind of analytical and descriptive report.
Intellectual property is a very much important part of an

organization. Therefore, it is very possible to overlook some of
information’s.
The high officials are very busy in their work, so each and
every time we have face some problems gathering and
reporting the information’s.
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Although we face some limitation, we were trying our best to
overcome these complexities and provide information as far as
possible.
ABSTRACT
Intellectual property rights are a bundle of exclusive rights over

creations of the mind, both artistic and commercial The former is
covered by copyright laws, which protect creative works, such as
books, movies, music, paintings, photographs, and software, and gives the copyright
holder exclusive right to control reproduction or adaptation of such works for a
certain period of time The second category is collectively known as "industrial
properties", as they are typically created and used for industrial or commercial
purposes. A patent may be granted for a new, useful, and non-obvious invention and
gives the patent holder a right to prevent others from practicing the invention without
a license from the inventor for a certain period. A trademark is a distinctive sign,
which is used to prevent confusion among products in the marketplace. An industrial
design right protects the form of appearance, style or design of an industrial object
from infringement. A trade secret is an item of non-public information concerning the
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commercial practices or proprietary knowledge of a business. Public disclosure of
trade secrets may sometimes be illegal. The term intellectual property denotes the
specific legal rights described above, and not the intellectual work itself.
Key term: Intellectual property, Intellectual property rights, industrial properties,
commercial purpose, trade secret.
OBJECTIVES OF PROTECTING
Financial incentive
Intellectual property rights grant exclusive rights to intellectual

creations; they grant ownership over creations of the mind. These exclusive rights
allow owners of intellectual property to reap monopoly profits. These monopoly
profits provide a financial incentive for the creation of intellectual property, and pay
associated research and development costs.
Technology diffusion
Technology diffusion occurs if intellectual property is licensed or sold, conversely
technology can equally be prevented from being shared, should the owner wish not to
sell or license.
Economic growth
The legal monopoly granted by Intellectual Property laws are credited with significant
contributions toward economic growth. Economists estimate that two-thirds of the
value of large businesses can be traced to intangible assets. Likewise, industries which
rely on IP protections are estimated to produce 72 percent more value per added
employee than non-IP industries. There is a positive correlation between the
strengthening of the IP system and subsequent economic growth.
However, correlation does not necessarily mean causation: given that the patent
holders can freely relocate. In some of the cases, the economic growth that comes with
a stronger IP system is due to increase in stock capital from direct foreign investment.
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Economics
Intellectual property rights are considered by economists to be a form of temporary
monopoly enforced by the state (or enforced using the legal mechanisms for redress
supported by the state).
Intellectual property rights are usually limited to non-rival goods, that is, goods which
can be used or enjoyed by many people simultaneously—the use by one person does
not exclude use by another. This is compared to rival goods, such as clothing, which
may only be used by one person at a time. For example, any number of people may
make use of a mathematical formula simultaneously. Some objections to the term
intellectual property are based on the argument that property can only properly be
applied to rival goods (or that one cannot "own" property of this sort).
Since a non-rival good may be used (copied, for example) by many simultaneously
(produced with minimal marginal cost), producers would need incentives other than
money to create such works. Monopolies, by contrast, also have inefficiencies
(producers will charge more and produce less than would be socially desirable).
The establishment of intellectual property rights, therefore, represents a trade-off, to
balance the interest of society in the creation of non-rival goods (by encouraging their
production) with the problems of monopoly power. Since the trade-off and the
relevant benefits and costs to society will depend on many factors that may be specific
to each product and society, the optimum period of time during which the temporary
monopoly rights exist is unclear.
HISTORY
Modern usage of the term intellectual property began with the 1967
establishment of the World Intellectual Property Organization
(WIPO).
The concept appears to have made its first appearance after the
French revolution. In an 1818 collection of his writings, the French liberal theorist,
Benjamin Constant, argued against the recently introduced idea of "property which
has been called intellectual." The term intellectual property can be found used in an
October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v.
Brown., in which Justice Charles L. Woodbury wrote that "only in this way can we
protect intellectual property, the labors of the mind, productions and interests are as
much a man's own...as the wheat he cultivates, or the flocks he rears." The statement
that "discoveries are...property" goes back earlier. Section 1 of the French law of 1791
stated, "All new discoveries are the property of the author; to assure the inventor the
property and temporary enjoyment of his discovery, there shall be delivered to him a
patent for five, ten or fifteen years." In Europe, French author A. Nion mentioned
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propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published
in 1846.
The concept's origins can potentially be traced back further. Jewish law includes
several considerations whose effects are similar to those of modern intellectual
property laws, though the notion of intellectual creations as property does not seem to
exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to
justify limited-term publisher (but not author) copyright in the 16th century. The
Talmud contains the prohibitions against certain mental crimes (further elaborated in
the Shulchan Aruch), notably Geneivat da'at ( literally "mind theft"), which some have
interpreted as prohibiting theft of ideas, though the doctrine is principally concerned
with fraud and deception, not property.
WORLD INTELLECTUAL PROPERTY

ORGANIZATION (WIPO)
What is the World Intellectual Property

Organization?
Established in 1970, the World Intellectual Property Organization (WIPO) is an
international organization dedicated to helping to ensure that the rights of creators and
owners of intellectual property are protected worldwide and that inventors and authors
are thus recognized and rewarded for their ingenuity.
How does WIPO promote the protection of intellectual

property?
WIPO also provides global registration systems – for patents, trademarks, and
industrial designs –that are under regular review by Member States and other
stakeholders to determine how they can better serve the needs of users and potential
users. WIPO works with its Member States to demystify intellectual property from the
grass-roots level through the business sector to policy makers to ensure that its
benefits are well known, properly understood, and accessible to all.
TRIPS- THE NEW COLD WAR TRIPS-2006

Trade Related Intellectual Property Rights (TRIPS): Intellectual Property
(IP) is that creation of human mind that is of value to the mankind. Intellectual
Property Rights (IPR) are the rights granted to persons (inventor) for creation of
their mind. TRIPS or Trade Related Intellectual Property rights provide the
norms and standard for protection of intellectual property. The TRIPS
agreement provides minimum norms and standards for seven forms of intellectual
property viz.
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1. Copy Rights and Related Rights
2. Trade Marks
3. Patents
4. Geographical Indicators/Names used to identify products
5. Industrial Design
6. Layout for integrated circuits and
7. Undisclosed Information
Out of the seven, patents remain the most controversial as this agreement under
TRIPS confers monopoly rights to the intellectual property holder.
INTELLECTUAL PROPERTY: GENERAL THEORIES
The theory of intellectual property has not, until recently, attracted much
philosophical interest or been the subject of deep controversy. Utilitarian theorists
generally endorsed the creation of intellectual property rights as an appropriate means
to foster innovation, subject to the caveat that such rights are limited in duration so as
to balance the social welfare loss of monopoly exploitation. Non-utilitarian theorists
emphasized creators’ moral rights to control their work. With the increasing
importance of intellectual property in society and the development of particular new
technologies, most notably digital technology and the decoding of genetic structure,
the theory of intellectual property has attracted heightened interest. Economists and
policy analysts have greatly enriched our understanding of the complex relationship
between intellectual property protection and innovation and diffusion of technological
advances. Non-utilitarian theories of intellectual property have proliferated in recent
years, as philosophers and legal scholars have applied traditional and novel
philosophical perspectives to the realm of intellectual property. This article surveys
and synthesizes the deepening and widening theoretical landscape of intellectual
property. While much of the130 Intellectual Property: General Theories 1600
discussion transcends the law of any particular nation, the statutory and doctrinal
examples are drawn principally from the particularities of the Unites States
intellectual property regimes.
Economic Theories of Intellectual Property

Not surprisingly, the principal philosophical theory applied to the protection of
utilitarian works - that is, technological inventions - has been utilitarianism. The social
value of utilitarian works lies principally if not exclusively in their ability to perform
tasks (for example, a better mousetrap) or satisfy desires more effectively or at lower
costs. It is logical; therefore, that society would seek to protect such works within a
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governance regime that itself is based upon utilitarian precepts. Furthermore,
inventions – new processes, machines, manufactures, or compositions of matter –
unlike artistic or literary expression do not generally implicate personal interests of the
creator.
In addition, the utilitarian perspective has relevance to other forms of intellectual
property. Trade secret law often protects utilitarian works. Trademark law is
principally concerned with ensuring that consumers are not misled in the marketplace
and hence is particularly amenable to economic analysis. Even copyright law, which
implicates a broader array of personal interests of the creator than patent law, may
benefit from the application of the utilitarian framework to the extent that society
seeks the production and diffusion of literary and artistic works. The utilitarian
framework has been particularly central to the development of copyright law .
BANGLADESH INTELLECTUAL PROPERTY

LAW
Patent and Design Act, 1911

Application: Any person claiming to be the proprietor of any new
or original design not previously published in Bangladesh may apply
in the prescribed form for registration of design. A design when registered shall be
registered as of the date of the application for registration and the Controller shall
grant a certificate of registration to the proprietor of the design when the design
registered.
Specifications: A complete specification must particularly describe and ascertain the
nature of the invention and the manner in which the same is to be performed. The
specification must commence with the title, and in the case of a complete specification
must end with a distinct statement of the invention claimed. The drawings can be
supplied at any time before the acceptance of the application, but we suggest to file
drawings at the time of application printed on tracing papers.
Priority: In case of claiming priority the applicant must supply the certified copy of
the foreign patent upon which the inventor is claiming priority.
Filing requirements: To file application for registration of design we need the
followings:
(a) Name of the inventor (applicant),
(b) Address(s) and nationality of the inventors,
(c) Two sets of specifications of design,
(d) Four sets of 3D pictures of the products from 4 sides
(e) Power of Attorney, you can download the authorization
from this web by clicking download forms.
Copyright in Registered Designs: When a design is registered, the registered
proprietor of the design shall have copyright in the design during five years from the
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date of registration and renewable for second and third period of every five years from
the expiration of every five years.
Advertisement on acceptance of application: On the acceptance of an application
the Controller shall give notice thereof to the applicant and shall advertise the
acceptance and with the drawings (if any) shall be open to public inspection.
Opposition: Any person at any time within four months from the date of the
advertisement of the acceptance of an application give notice at the Patent Office of
opposition to the grant of the patent. The opponent must state the grounds of his
opposition.
Grant and sealing of Patent: If there is, no opposition a patent shall be granted,
subject to such conditions as the authority thinks expedient, to the applicant, or in the
case of a joint application to the applicants jointly, and the Controller shall cause the
Patent to be sealed with the seal of the Patent Office.
Term of Patent: The term limited in every patent for the duration thereof is sixteen
years from its date and renewal is required after four years up to 15 years.
INTRODUCTION
The nature of IP
How you may create it?
How to protect it?
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How to use IP belonging to others safely?
How IP can be commercialized? and
The importance of confidentiality.
The nature of intellectual property is like an intangible asset. It helps the organization
to create a good image. In each and every country there is some rules and regulation
for the create and protecting intellectual property. In Bangladesh, the rules are in
written format. One may need to register to have intellectual property. Intellectual
property should be used in a safer manner. Each and every organization need a
separate entity of intellectual property for the protection and to compete in the
business. Intellectual property can be transferable by joint venture, franchising,
licensing etc. intellectual property need a greater degree of confidentiality. If there is
lack of communication and understanding then the confidentiality of intellectual
property will be in a high risk.
Intellectual property (IP) is legal property rights over creations of
the mind, both artistic and commercial, and the corresponding fields
of law. Under intellectual property law, owners are granted certain
exclusive rights to a variety of intangible assets, such as musical,
literary, and artistic works; ideas, discoveries and inventions; and
words, phrases, symbols, and designs. Common types of intellectual property include
copyrights, trademarks, patents, industrial design rights and trade secrets.
The majority of intellectual property rights provide creators of original works
economic incentive to develop and share ideas through a form of temporary
monopoly.
Although many of the legal principles governing intellectual property have evolved
over centuries, it was not until the late 20th century that the term intellectual property
began to be used as a unifying concept.
Intellectual property is divided into two groupings: Industrial property (patents,

trademarks, industrial designs, and geographic indications of source) and
Copyright (literary and artistic works) / Rights related to copyright.
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Figure 1: Relationship among the components of Intellectual Property
Patents
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Patents are, potentially, the most valuable type of IP. Patents protect inventions which
relate to a product or a process to make a product. They arise particularly from
research in medical, science, technology and engineering fields. Once a patent has
been obtained, it offers the owner a ‘monopoly’ right. This means that only the owner,
or someone else with the owner’s consent, can use the invention for commercial
purposes. Say you have thought of an invention for a new type of tea bag, which can
be used 50 times without losing any flavor!
This invention will be patentable if:
(1) it is not already public information anywhere in the world;
(2) it is inventive; and
(3) it is capable of industrial application (essentially any commercial, medical or other
practical use).
If you think your invention is potentially patentable it is essential that the details of the
invention are kept secret until the application for the patent is made. If you disclose
any detail of the invention before that the patent will be refused or be open to
challenge in the future if granted. Disclosure may include publishing in a journal,
presenting to students or even informing a colleague (who is not a fellow employee).
Patents are a public policy tool:

To promote and reward innovation.
To disclose the invention, and make it available to society.
Know-How
Know-How is not IP as such but can be just as valuable. What is Know-How? Know-
How is technical information, knowledge and skill e.g. a procedure, a process, an
identifiable knowledgeable way of doing something. That information must be secret.
R&D projects and course-work can result in extremely valuable technical information
being created. The only way you can really protect your valuable Know-How is
through confidentiality.
Copyright
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Have you ever written a thesis, article, written up an experiment, drawn a diagram or
even recorded a presentation you have given on DVD? All can be protected by
copyright. There is also copyright in music, broadcasts, sound recordings, computer
software, photographs, films and typographical arrangements of published editions.
Copyright does not protect against 3D reproduction of items from industrial drawings
or plans (e.g. models created from blueprints). They are instead protected by design
rights or as registered designs. Copyright protects the form in which we express our
idea and not the idea itself. For instance, the copyright in the written words of a thesis
may belong to one person but the patent over the invention described in the thesis may
belong to someone else. Unlike a patent, there is no need to register copyright in the
UK; it arises automatically. All that is required is that the work must be original i.e.
not copied from another source. There are different periods of duration for copyright,
depending on the type of work. In respect of a written article, copyright would last for
the life of the writer plus another 70 years.
Works eligible for protection are:
Literary works
Musical works
Artistic works
Films
Sound recording
Broadcasts
Derivative works
Published editions
WHAT IS THE DURATION OF THE COPYRIGHT?
Generally, copyright subsist during the life of the author plus 50 years after his death.
However, if a work has not been published during the life time of the author,
copyright in the work continue to subsist until the expiration of 50 years, following
the year in which the work was first published. In the case of a work with joint
authorship, the life of the author who dies last is used for calculating the copyright
duration of the work.
Designs
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Designs of or on 3-D objects can be protected by design rights which arise
automatically or they can be registered. There are different types – UK registered and
unregistered designs, and Community registered and unregistered designs.
Community registered and unregistered designs offer protection throughout the EU,
not just the UK. Each type is a little different in the criteria required for protection and
the level of protection available.
Database Rights
Database Right protects a collection of independent works, data or other materials,

which have been systematically or methodically arranged. They must also be
accessible by electronic or other means. This obviously covers electronic databases,
but could in theory cover biological materials collections, for instance. Like copyright,
there is no need to register. However, the protection only lasts for 15 years from when
the database was compiled.
Data Protection Principles:
Fairly and lawfully processed.

Processed for limited purposes.
Adequate, relevant and not excessive.
Accurate.
Not kept longer than necessary.
Processed in accordance with the data subjects’ rights.
Secure.
Not transferred to countries outside the European.
Economics Area without adequate protection.
DATABASE PROTECTION IN THE UNITED STATES

OF AMERICA
The Electronic Frontier Foundation (EFF) has serious policy reservations about the
extension of intellectual property protection to the contents of databases. Despite
some recent statements implying the contrary, U.S. law is clear on the status of
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database protection. Though copyright-like protection for facts and data within
databases has been considered in a variety of U.S. policy forums, it has been rejected.
In fact, such a policy would be a radical departure from traditional U.S. intellectual
property norms.
Trade Marks
A trademark or trade mark, identified by the symbols ™ (not yet registered) and ®
(registered), is a distinctive sign or indicator used by an individual, business
organization or other legal entity to identify that the products and/or services to
consumers with which the trademark appears originate from a unique source, and to
distinguish its products or services from those of other entities. A trademark is a type
of intellectual property, and typically a name, word, phrase, logo, symbol, design,
image, or a combination of these elements. There is also a range of non-conventional
trademarks comprising marks, which do not fall into these standard categories.
The owner of a registered trademark may commence legal proceedings for trademark
infringement to prevent unauthorized use of that trademark. However, registration is
not required. The owner of a common law trademark may also file suit, but an
unregistered mark may be protectable only within the geographical area within which
it has been used or in geographical areas into which it may be reasonably expected to
expand.
The term trademark is also used informally to refer to any distinguishing attribute by
which an individual is readily identified, such as the well known characteristics of
celebrities. When a trademark is used in relation to services rather than products, it
may sometimes be called a service mark, particularly in the United States.
It is difficult to avoid trademarks in day to day life. PEPSI, EASYJET, SHELL,
GINSTERS, BLUETOOTH, SELFRIDGES, FHM, HMV are all examples.
Trademarks denote the origin and the quality of the products they relate to. A well-
known trademark is often the most identifiable element of a successful product or
service. They will often make a customer prefer one product over another. Selecting
the trademark can therefore be crucial and so protection of it is fundamental. The most
successful brands are often those that are completely distinctive, e.g. KODAK.
Trademarks can be registered in the UK or throughout the EU and in other
countries/regions. They can also arise automatically if a mark has been used and has
consequently built a reputation. Unregistered trademarks are, however, more difficult
to enforce. If you can, it is always better to register. A registered trade mark needs to
be able to distinguish the goods or services of one person from those of another. It
must be:
Page | 26
distinctive, e.g. “MARS” for chocolate bars;
it must not be descriptive of the goods or services to which it is applied e.g. you
cannot register ‘BOOTS’ for shoes; and
it must not be deceptive or contrary to public morality.
Objections can be raised to a proposed trademark, by the owner of an existing

identical or similar trademark registered for identical or similar goods or services.
Trademarks are registered in different classes, which broadly distinguish different
types of goods or services. Once registered it will initially last for 10 years, following
which it can be renewed every 10 years.
Well-known trade mark

Well-known trademark status is commonly granted to famous international
trademarks in less-developed legal jurisdictions.
Countries are empowered to grant this status to marks that the relevant authority
considers are 'well known'. In addition to the standard grounds for trade mark
infringement (same/similar mark applied same/similar goods or services, and a
likelihood of confusion), if the mark is deemed well known it is an infringement to
apply the same or a similar mark to dissimilar goods/services where there is
confusion, including where it takes unfair advantage of the well-known mark or
causing detriment to it.
Furthermore, a well-known trademark does not have to be registered in the
jurisdiction in order to bring a trademark infringement action (equivalent to bringing a
passing off claim without having to show goodwill and having a lesser burden of
proof).
It is therefore easier to use the well-known mark to oppose the use of other trademarks
and to show infringement.
Page | 27
Page | 28
Sale, transfer and licensing of trademarks
In various jurisdictions, a trademark may be sold with or without the underlying
goodwill, which subsists in the business associated with the mark. However, this is not
the case in the United States, where the courts have held that this would "be a fraud
upon the public". In the U.S., trademark registration can therefore only be sold and
assigned if accompanied by the sale of an underlying asset. Examples of assets whose
sale would ordinarily support the assignment of a mark include the sale of the
machinery used to produce the goods that bear the mark, or the sale of the corporation
(or subsidiary) that produces the trademarked goods.
Most jurisdictions provide for the use of trademarks to be licensed to third parties. The
licensor (usually the trademark owner) must monitor the quality of the goods being
produced by the licensee to avoid the risk of trademark being deemed abandoned by
the courts. A trademark license should therefore include appropriate provisions
dealing with quality control, whereby the licensee provides warranties as to quality
and the licensor has rights to inspection and monitoring.
Limits and defenses to trademark
Trademark is subject to various defenses and limitations. In the United States, the fair
use defense protects uses that would be otherwise protected by the First Amendment.
Fair use may be asserted on two grounds, either that the alleged infringer is using the
mark to describe accurately an aspect of its products, or that the alleged infringer is
using the mark to identify the mark owner.
An example of the first type is that although Maytag owns the trademark "Whisper
Quiet", makers of other products may describe their goods as being "whisper quiet" so
long as these competitors are not using the phrase as a trademark.
An example of the second type is that Audi can run advertisements saying that a trade
publication has rated an Audi model higher than a BMW model, since they are only
using "BMW" to identify the competitor. In a related sense, an auto mechanic can
Page | 29
truthfully advertise that he services Cadillacs, and a former Playboy Playmate of the
Year can identify herself as such on her website.
Protecting IP
What can I do to help protect any IP, which I create?
Copyright
There are no special formalities required to protect our work in the UK. This is not
always the case in other countries. The good thing about copyright is that it arises
automatically and it is free! However, as there is no register to refer to, this sometimes
makes it difficult to prove ownership. Some practical tips to help overcome this and
protect copyright are set out below:
Practical tips
Keep all originals of your copyright work such as notes, drafts,
sketches, drawings, videos etc. in a secure place.
Record the date you created the copyright work: a good way to do
this is put the work in an envelope, post it to yourself or
somebody independent, such as a solicitor, and leave the envelope
unopened. The postal stamp can be used to demonstrate the date
before which it had been created.
Place a copyright notice on the piece of work which will act as a

useful reminder to anyone using the work that copyright exists
and that action may be taken.
Try inserting some irrelevant but intentional mistakes or

anomalies in your work (e.g. a repeated line of source code, or an
unusual spelling mistake). This can be a good way of illustrating
Page | 30
that someone has copied your work if their work also includes the
same mistake or anomaly.
Protection of work on the internet is trickier as it is extremely

difficult to police the internet effectively. Therefore, don’t publish
anything on the internet that you or your university/institution
would not wish to be copied. Perhaps just publish excerpts, and
leave people to come back to you for the main work.
What are the benefits in protecting copyright and related rights?

Copyright and related rights protection is an essential component in fostering human
creativity and innovation. Giving authors, artists and creators incentives in the form of
recognition and fair economic rewards increases their activities and output and often
enhances the results. In addition, by insuring the existence and enforceability of
rights, enterprises and companies can more easily invest in the creation, development,
and global dissemination of works; this, in turn, helps increase access to, and enhances
the enjoyment of, culture, knowledge, and entertainment all over the world, as well as
stimulating economic and social development.
How are copyright and related rights regulated?

Copyright and related rights protection is obtained automatically without any need for
registration or other formalities. 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.
Page | 31
Patents
Some practical tips to help protect your inventions, including how to register a patent
are set out below:
Practical tips
If you come up with a new invention, is it patentable? Consider
whether your invention has been previously disclosed – e.g. look
at existing patents, key word searches.
Keep both originals and copies of all notes, reports, drawings,

lab books etc. relating to the invention in a secure place. You
should try to record as much detail as possible. Ensure all
originals and copies are dated and are sufficiently detailed (and
clear!) to identify the invention and how it works. Get your
supervisor to sign and date laboratory notebooks on a regular
basis.
Keep the invention confidential. If you need to disclose any
information, you should first speak to your supervisor
If, having done your initial searches/investigations you still

think your idea is patentable, let your supervisor know and
contact your IP commercialization organization to set up a
meeting.
If it is decided to go ahead, a patent application can be drawn

up, usually with the help of a patent agent, and filed at the
Intellectual Property Office. Once filed, you can indicate on any
relevant marketing literature, publications or products “Patent
applied for, No. [NUMBER]”. Do not do this before you have
filed, as it is illegal to do so.
Page | 32
The Intellectual Property Office will perform a preliminary
examination and search of the application to ensure the
invention is new. The Intellectual Property Office would then
send out a detailed search report and the application will be
filed. However a full examination is then required during which
the Intellectual Property Office will decide whether the
application can be granted. This is a long, painstaking progress
which can take 2 to 3 years.
What kind of protection does a patent offer?
Patent protection means that the invention cannot be commercially made, used,
distributed or sold without the patent owner’s consent. These patent rights are usually
enforced in a court, which, in most systems, holds the authority to stop patent
infringement. Conversely, a court can also declare a patent invalid upon a successful
challenge by a third party.
Designs
Some practical tips to help protect your designs are set out below:
Page | 33
Practical tips
Keep all originals of your design drawings, sketches, samples,
models and prototypes.
Keep all these materials in a secure location.
Record all dates of creation and the dates when you may have
disclosed the design, e.g. at a trade fair or in any publication.
Contact your supervisor and/or IP commercialization organization

who can help decide what type of protection is suitable and
whether or not to apply for registration.
Why protect industrial designs?
When an industrial design is protected, the owner – the person or entity that has
registered the design – is assured an exclusive right against unauthorized copying or
imitation of the design by third parties. This helps to ensure a fair return on
investment. An effective system of protection also benefits consumers and the public
at large, by promoting fair competition and honest trade practices, encouraging
creativity, and promoting more aesthetically attractive products.
How can industrial designs be protected?

Page | 34
In most countries, an industrial design must be registered in order to be protected
under industrial design law. As a rule, to be registrable, the design must be “new” or
“original”. Different countries have varying definitions of such terms, as well as
variations in the registration process itself. Generally, “new” means that no identical
or very similar design is known to have existed before. Once a design is registered, a
registration certificate is issued. Following that, the term of protection is generally five
years, with the possibility of further periods of renewal up to, in most cases, 15 years.
Depending on the particular national law and the kind of design, an industrial design
may also be protected as a work of applied art under copyright law. In some countries,
industrial design and copyright protection can exist concurrently. In other countries,
they are mutually exclusive: once the owner chooses one kind of protection, he can
no longer invoke the other. Under certain circumstances an industrial design may also
be protectable under unfair competition law, although the conditions of protection and
the rights and remedies ensured can be significantly different.
How extensive is industrial design protection?
Generally, industrial design protection is limited to the country in which protection is

granted. Under The Hague Agreement Concerning the International Deposit of
Industrial Designs, a WIPO-administered treaty, a procedure for an international
registration is offered. An applicant can file a single international deposit with either
WIPO or the national office of a country which is party to the treaty. The design will
then be protected in as many member countries of the treaty as the applicant wishes.
Database Rights
Some practical tips to help protect your database rights are set out below:
Practical tips
Keep all your notes, records of telephone conversations and
meetings, e-mails, contact details and other correspondence that you
used to collect and compile the information contained in your
database.
Keep all your working drafts and original copies of your database in
a secure place. If stored electronically ensure it is password
protected.
Page | 35
Record the date when you created the final database: again, a good
way to do this is to put the work in an envelope unopened.
Place a copyright notice at the bottom of the database.
Insert some intentional but irrelevant mistakes or anomalies in the

database.
Under these circumstances, protection of database

rights is very much important. Otherwise, if the
databases are in insecure then the company will
fall in a great problem towards its competitors.
Trade Marks
Some practical tips to help protect your trademarks are set out below:
Practical tips
Consider in which countries you would want to protect your

trade mark – i.e. where would the products or services be sold or
used?
Page | 36
Have a look on the Trade Marks section of the UK Intellectual
Property Office website. Click on Trademarks and then ‘By
mark text or image’. You can then have a look to see if there are
any similar or identical trademarks already registered.
The same website contains details on how to register a trade

mark. Contact your IP commercialization organization – they
may be able to put you in contact with a Trade Mark Agent to
help with the process.
Use the ™ symbol when your trademark is unregistered.
Use the ® symbol when the trademark is registered. DO NOT

do this before it is registered. It can be a criminal offence to do
so!
How extensive is trademark protection?
Almost all countries in the world register and protect trademarks. Each national or
regional office maintains a Register of Trademarks, which contains full application
information on all registrations and renewals, facilitating examination, search, and
potential opposition by third parties. The effects of such a registration are, however,
limited to the country (or, in the case of a regional registration, countries) concerned.
In order to avoid the need to register separately with each national or regional office,
WIPO administers a system of international registration of marks. Two treaties, the
Madrid Agreement Concerning the International, govern this system Registration of
Marks and the Madrid Protocol. A person who has a link (through nationality,
Page | 37
domicile, or establishment) with a country party to one or both of these treaties may,
on the basis o a registration or application with the trademark office of that country,
obtain an international registration having effect in some or all of the other countries
of the Madrid Union.
Confidentiality
Could your work or other information or results be useful to someone else if they ever
got hold of it? Could any of your work be potentially patentable or registrable as a
design? If the answer to any of these questions is yes, it is important to consider
confidentiality. Confidentiality is the best way to protect your Know-How.
What else can I do to protect the information?
Practical tips
Consider whether confidential or sensitive information is
accessible by other students or staff. Be careful about leaving
information visible on desktops. If necessary, keep information in
locked cabinets or use password security for electronic storage.
Keep a record of what has been disclosed during any

meeting/conversation. If a batch of information is to be passed
over, create a list of the information and, if possible, get the
recipient to sign the list by way of acknowledgement.
Create some minutes or written record of conversations. This

does not have to be overly formal. Something in bullet point form
will suffice. A copy of this record can then be sent to the
recipient.
If information is confidential then it never does any harm to mark

it as such. It has the additional benefit of putting the recipient on
notice of the confidentiality of the information and hopefully
reminding them to treat it carefully. Don’t be afraid to tell the
recipient you expect them to treat it carefully.
Page | 38
Never disclose more information than is necessary. If an
individual or company has refused to enter into a CDA, instead
of disclosing specific details relating to an invention – just refer
to the advantages the invention would offer the recipient. Whet
their appetite. Hopefully they will then become interested to find
out more and enter into a CDA.
Why promote and protect intellectual property?
There are several compelling reasons. They are,
First, the progress and well-being of humanity rests on its capacity for new
creations in the areas of technology and culture.
Second, the legal protection of these new creations encourages the expenditure
of additional resources, which leads to further innovation.
Third, the promotion and protection of intellectual property spurs economic
growth, creates new jobs and industries, and enhances the quality and
enjoyment of life.
An efficient and equitable intellectual property system can help all countries realize
intellectual property’s potential as a powerful tool for economic development and
social and cultural well-being. The intellectual property system helps strike a balance
between the interests of the innovator and the public interest, providing an
environment in which creativity and invention can flourish, to the benefit of all.
HOW STRONGER PROTECTION OF

INTELLECTUAL PROPERTY RIGHTS AFFECTS
INTERNATIONAL TRADE FLOWS
Intellectual property rights (IPRs) affect international trade flows when knowledge-
intensive goods move across national boundaries. The importance of IPRs for trade
has gained more significance as the share of knowledge-intensive or high technology
products in total world trade has doubled between 1980 and 1994 from 12% to 24%.
At the international level, IPRs have traditionally been governed by several
conventions – most prominently the Paris Convention for patents and trademarks and
Page | 39
the Berne Convention for copyright – that are administered by the World Intellectual
Property Organization (WIPO). In the 1980s, mounting disputes over IPRs lead to the
inclusion of trade-related IPRs on the agenda of the GATT/WTO Uruguay round and
the resulting "Trade Related Intellectual Property Rights Agreement, including Trade
in Counterfeit Goods" (TRIPs) of 1994 represents the most far-reaching multilateral
agreement towards global harmonization of IPRs.
Several studies have attempted to estimate the extent to which IPRs are trade-related.
Maskus and Penubarti (1995) use an augmented version of the Helpman Krugman
model of monopolistic competition to estimate the effects of patent protection on
international trade flows. Their results indicate that higher levels of protection have a
positive impact on bilateral manufacturing imports into both small and large
developing economies.
A review of the economics of trade-related intellectual property rights
The conventional economic rationale for the protection of IPRs in closed economies
can be found in Arrow. Since knowledge is non-rival in nature, it should be freely
available (apart from the cost of transmitting knowledge). If this were the case,
however, the market would under invest in the production of new knowledge, because
innovators would not be able to recover their costs. By granting innovators the
exclusive rights to commercialize their intellectual assets over a certain period of time,
IPRs offer an incentive for the production of knowledge. In short, IPRs introduce a
static distortion (i.e., access to proprietary knowledge is sold above its marginal cost),
which is rationalized as an effective way to foster the dynamic benefits associated
with innovative activities.
IPRs are territorial in character, that is, they are created by national laws and differ
across countries. If intellectual property embedded in goods and services originating
in country A crosses the border to country B, two questions arise. First, how will
IPRs protection in country B affect the magnitude of the bilateral trade flow from
country A to B; and second what are the implications of such protection on economic
welfare of both countries A and B.
Page | 40
CRITICISM
Some critics of intellectual property, such as those in the free culture
movement, characterize it as intellectual protectionism or
intellectual monopoly and argue that the public interest is harmed by
protectionist legislation such as copyright extension, software patents and business
method patents. Although the term is in wide use, some critics reject the term
intellectual property altogether. Richard Stallman argues that it "systematically
distorts and confuses these issues, and its use was and is promoted by those who gain
from this confusion." He claims that the term "operates as a catch-all to lump together
disparate laws [which] originated separately, evolved differently, cover different
activities, have different rules, and raise different public policy issues." These critics
advocate referring to copyrights, patents and trademarks in the singular and warn
against abstracting disparate laws into a collective term.
Other criticism of intellectual property law concerns the tendency of the protections of
intellectual property to expand, both in duration and in scope. The trend has been
toward longer copyright protection (raising fears that it may someday be eternal). In
addition, the developers and controllers of items of intellectual property have sought
to bring more items under the protection. Patents have been granted for living
organisms, and colors have been trademarked
Defense
Defenders of strong intellectual property (IP) rights insist that legal protections are
required to supply necessary incentive for the specific kind of innovation that supports
economic development.
Weakening intellectual property rights -- as the Federal Trade Commission (FTC) did
in the mid 1970s with its consent decree against Xerox Corporation -- can
compromise national competitiveness. The rapid rise of Japanese competitiveness, and
failing competitiveness of US companies, can be linked to the compulsory licenses
granted because of FTC actions against many of the United States' largest
corporations. Foreign competitors gained virtually free access to the inventions of
American companies, and the lack of legal protections for IP owners acted as a
financial disincentive to invest in intellectual assets, which in turn led to a steady
decline in American innovation and competitiveness. Between 1950 and 1980,
Page | 41
Japanese companies consummated more than 35,000 foreign licensing agreements,
mostly with U.S. companies, free or low-cost licenses made possible by the FTC and
U.S. Department of Justice.
SUMMARY AND CONCLUSION

With an increasing share of knowledge-intensive products in
international trade and the inclusion of trade-related IPRs on the
agenda of the GATT/WTO, IPRs have become an important trade
issue. Political economy considerations -- as reflected in the TRIPS
Agreement .Under intellectual property law, owners are granted
certain exclusive rights to a variety of intangible assets, such as musical, literary, and
artistic works; ideas, discoveries and inventions; and words, phrases, symbols, and
designs. Common types of intellectual property include copyrights, trademarks,
patents, industrial design rights and trade secrets-- favor higher standards of IPRs
protection. Sometimes, some organizations can achieve their apex position only with
the help of their correct choice of intellectual property. That is why it is very much
essential for any organization in the world to protect their intellectual property as
correctly as possible. Nevertheless, there must be the involvement of the government
of the respective organization. Otherwise, it is must that business cannot go far and
cannot reach their own goals and objectives.
REFERENCE
1. UK Intellectual Property Office website (www.ipo.gov.uk)
2. Esp@cenet Patent website (http://gb.espacenet.com)
3. European Patent Office website (www.epo.org)
4. European IP Helpdesk (www.cordis.lu/ipr-
helpdesk/en/home.html)
5. US Patent and Trademark Office (www.uspto.uk)
6. UK Company Searches (www.companies-house.gov.uk)
7. www.biplobd.com
Page | 42

ON Rotection OF Intellectual Property Rights: Patuakhali Science and Technology University Dumki, Patuakhali

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ON Rotection OF Intellectual Property Rights: Patuakhali Science and Technology University Dumki, Patuakhali

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REPORT ON

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Patuakhali Science and Technology University

01Md. Mofizer Rahaman Member 12 00671

Date of Submission: June 03, 2009

Patuakhali Science and Technology University

Md. Muzahidul Islam

Subject: Submission Term Paper on “Protection of Intellectual

Here we are submitting our term paper on “Protection of Intellectual

Please call us for any further information at your convenient time

Date: June 03, 2009

Md. Muzahidul Islam

Subject: Declaration regarding the validity of the report.

This is our truthful declaration that the “Protection of Intellectual

We also express our honest confirmation in support of the fact that

During the period of preparing the report, we had gained altruistic

We are thankful to the respective personnel of different organization

Scope and objectives of the report

Methodology of the study

Limitation of the study

OBJECTIVES OF PROTECTING INTELLECTUAL PROPERTY 02-

WORLD INTELLECTUAL PROPERTY ORGANIZATION

INTELLECTUAL PROPERTY: GENERAL THEORIES

BANGLADESH INTELLECTUAL PROPERTY LAW

PROTECTING INTELLECTUAL PROPERTY

HOW STRONGER PROTECTION OF INTELLECTUAL

PROPERTY RIGHTS AFFECTS INTERNATIONAL TRADE FLOWS

SUMMARY AND CONCLUSION

This report is an assigned job as partial fulfillment of course

Protection of intellectual property rights are now the burning

SCOPE AND OBJECTIVE OF THE REPORT

As a business executive of future, we should have to

So, identify objectives is very much important. Our purpose of

To know more about intellectual property.

METHODOLOGY OF THE STUDY

Collection of data is an important part of a term paper preparation.

Step-1: At first, we collect data about the protection of

Step-2: For primary data collection, made an interview of some

Step-3: For the collection of secondary data, we provide

Step-4: we also gather some secondary data with the help of

Step-6 : then we write, tabulate and analyze the whole

LIMITATION OF THE STUDY

It was not so easy to us prepare such type of report as the following

This report is based on protection of intellectual property. We

This is a descriptive and analysis based report. So it needs

Intellectual property is a very much important part of an

Intellectual property rights are a bundle of exclusive rights over

Intellectual property rights grant exclusive rights to intellectual

WORLD INTELLECTUAL PROPERTY

What is the World Intellectual Property

How does WIPO promote the protection of intellectual

TRIPS- THE NEW COLD WAR TRIPS-2006

INTELLECTUAL PROPERTY: GENERAL THEORIES

Economic Theories of Intellectual Property

BANGLADESH INTELLECTUAL PROPERTY

Patent and Design Act, 1911

Intellectual property is divided into two groupings: Industrial property (patents,

Patents are a public policy tool:

Works eligible for protection are:

WHAT IS THE DURATION OF THE COPYRIGHT?

Database Right protects a collection of independent works, data or other materials,

Data Protection Principles: