(protection of one’s own intellectual property and the danger of unauthorized use of another’s intellectual property)
What is an intellectual property
Intellectual property is a registered/published product of the human mind, which is characterized by novelty, innovation, or originality.
It is characterized by:
• Time-limited period of protection against unauthorized use in countries where it has been reported and approved.
• Territorial law, because it can be protected from unauthorized use in the country, region or globally.
These rights are set out in Article 27 of the UN Universal Declaration of Human Rights.
Types of intellectual property
• Patents for inventions,
• Industrial design,
• Topographies of semiconductor products and
• Geographical indications.
• Literary works such as novels and plays, films, etc.,
• Musical works,
• Works of art and architectural design.
• The rights of performers in their performances, the rights of phonogram producers and the rights of broadcasting organizations on their radio and television programs.
Why the development of the intellectual property is encouraged
Intellectual property rights reward creativity and human effort, which is the fuel for the progress of humanity. Intellectual property plays a very important role in today’s knowledge-based economy. Large corporations, small businesses, and start-ups use their intellectual property to protect their ideas and assets from copying, as well as to protect their competitiveness.
Possibilities of intellectual property protection from the aspect of territoriality
• National protection (In Serbia JIS – Intellectual Property Office)
• Regional protection (EPO, EAPO, ()
• Global Protection – PCT (VIPO)
Regional (EPO) and global (PCT) protection can be done through national organizations (in Serbia through the Intellectual Property Office of the Republic of Serbia). Only one application is submitted, indicating in which countries the protection is sought, and each state decides separately whether to recognize the protection.
Institutions for the protection of intellectual property
World Intellectual Property Organization
• VIPO (World Intellectual Property Organization).
National / state / institutions
• Serbia – Intellectual Property Office.
• United States Patent and Trademark Office (USPTO).
• State Intellectual Property Office of the Republic of China (SIPO).
• Russian Federal Intellectual Property Service (Rospatent).
• German Patent Office (DPMA).
• UK Intellectual Property Office (UK-IPO) etc.
• European Patent Office – (EPO),
• African Regional Intellectual Property Organization (ARIPO),
• Africaine de la Propriete Intellectuelle (OAPI),
• Eurasian Patent Organization (EAPO), etc.
Databases for registered intellectual property
The website of the Intellectual Property Office of the Republic of Serbia contains links to the world’s largest databases of registered patents, trademarks, industrial designs and other types of intellectual property. Before starting the investment, it is necessary to search the mentioned bases to check whether the object of your activity (product, design or trademark, ie the commercial name of the product) contains elements that are not protected by intellectual property.
About 200 people are convicted annually for theft of intellectual property in Serbia!
Recommendations for actions before initiating the procedure of protection of own intellectual property
• Study of legal regulations
• Search for registered patents, trademarks, industrial designs and other types of intellectual property (on the website of the Intellectual Property Office of Serbia).
• Search for scientific research papers (“Kobson” site)
• Assessment of market valorization of intellectual property, protection and maintenance costs (business plan)
According to the EPO-European Patent Organization, 25% of all research and development efforts are claimed each year on registered intellectual property, and about 60 billion euros have been lost.
That is why the realization of ideas should not start before you do searches!
The Intellectual Property Office of the Republic of Serbia provides free diagnostics for all companies that want to continue their strength in the field of intellectual property and use it for their development.
What not to do if you are considering filing a patent application
Do not publish the invention before filing patent applications, e.g. do not publish articles, conferences, blogs,….
Do not sell products in which the invention is incorporated before filing patent applications
Do not give lectures or presentations unless you have signed non-disclosure agreements.
Seek expert advice before.
File a patent application before others do.