CSC60504109051 ProfessionalComputing PracticeAssignment 1Cover PageDUE DATE : 25 January 2018WEIGHTAGE : 30%SEMESTER : January 2018LECTURER’S NAME : ThinaharanRamachandran STUDENT DECLARATION 1. I confirm that I am aware of the University’s Regulation Governing Cheating in a University Test and Assignment and of the guidance issued by the School of Computing and IT concerning plagiarism and proper academic practice, and that the assessed work now submitted is in accordance with this regulation and guidance. 2. I understand that, unless already agreed with the School of Computing and IT, assessed work may not be submitted that has previously been submitted, either in whole or in part, at this or any other institution. 3.
I recognise that should evidence emerge that my work fails to comply with either of the above declarations, then I may be liable to proceedings under Regulation. No Student Name Student ID Date Signature Score 1 Chua Boon Keong 0332230 20/1/2018 2 Michael Dwi Hadi 0332628 20/1/2018 3 Chang Carlson 0332467 20/1/2018 4 Steven 0333329 20/1/2018 5 Gobind Singh 0333157 20/1/2018 TITLE OF THE PROJECT “Protecting What Is Yours ” NAME EMAIL Chua Boon Keong [email protected] Michael Dwi Hadi [email protected] Chang Carlson [email protected] Steven [email protected] Gobind Singh [email protected] Abstract The purpose of this survey is tohelp provide and apply for an intellectual property to help a student toprotect his or her invention of a software development.
Intellectual propertyis also known or defined as inventions,ideas and creative expression when thereis a public willingness to present their professional property. Intellectualproperty give people the right to reap all commercial benefits from theircreation efforts and gives them exclusive rights to the inventors and creatorsonly. This is because nowadays studentsare not aware of the steps necessary to protect their work. First and foremost,Intellectual property refers to all creations of the mind and such inventionscan be literary and artistic works , names , symbol and images used for commerce.Intellectual property can also bedivided into 2 types of categories. Intellectual Property also includes patentsfor all kinds of invention , trademarks , industrial designs and alsogeographical indications. Moreover, there are also a few processes for applyingintellectual property in malaysia which can be found in trademark applicationprocedure. The several types of intellectualprotection property are like,copyright,trademark and patent for example, Patentis a very good recognition that helps protect your invention,which alsosatisfies the requirements for global non-obvious,novelty and industrialapplication.
Intellectual property is essential for a way better way ofplanning, commercialization, identification, rendering and thereby gives bestprotection of invention and creativity.There are three types of intellectualproperty which is copyright, patents, and trademark. Table Of Contents Introduction. 1 Background study of Intellectual Property. 2 Concept of Intellectual property.
2 Process of applying IP in Malaysia. 3 The importance of IP for product that has commercial values 4 The rights to claim in an IP application. 5 Advising Procedures 7 Explains the procedural for IP application of a patent. 7 References 10 Introduction To start of, once asoftware is being developed, there are certain steps that are needed to betaken before implementing a software development agreement to protect yourcopyright. It is crucial to have a software development agreement to thedevelopers just to avoid a conflict between those two parties of softwaredevelopers. There is no doubt that there is insufficient software copyright lawat the federal level especially in Malaysia where softwares are being copiedand then distributed all the time, in order to protect the software that youhave created, all you gotta do is register at http://www.myipo.
gov.my/en/a-product-main (only based inMalaysia). The website that is provided MyIPO, is the official portal ofIntellectual Property Corporation of Malaysia is to protect your invention byjust registering through the website with the provided steps. To create a scenario, a studentnamed Steven has created a unique software that nobody has seen this type ofsoftware before. Steven now approaches our team because his mission is to havehis software copyrighted so that nobody could copy his software and if somebodydoes actually copy the same ideology as Steven’s software, Steven couldpotentially accuse that particular person and claim a charge to sue that personfor copying the originality of the software. All in all, it is predicted thatSteven’s software is a unique software that could be used by all people aroundthe world as it is one of a kind and soon it will be popularised and manysoftware developers will implement the same idea as Steven’s software.
Therefore, Steven is desperate about getting his product a copyright license sothat nobody else could copy the content of his software. ? Steven wants his software to becopyrighted? Steven wants to protect hisintellectual property? Steven wants nobody to copy hisideology? Steven’s software is uniquetherefore he wants to protect it from other people copying In conclusion, to sum up theintroduction we all have agreed to help Steven with his project on making acopyright about his software so that other developers could not copy hisproduct. If there are software developers that produces a similar product asSteven’s, Steven can claim that they are violating the rules of intellectualproperty. Background study ofIntellectual Property Conceptof Intellectual property Intellectualproperty is any unique product of the human intellect that has commercial valuesuch as artistic works, inventions, names, images, and many more includingtrademarks, copyrights, patents, and related rights. All countries have theirown laws to protect intellectual property which covered creative work,invention , or commercial symbol. Intellectual property is dividedinto two categories.
The first category is industrial property. It includespatents for trademarks, inventions , geographical indications, and industrialdesigns. The second category is copyright. It covers all of literature workssuch as poems, novels, movies, music, drawings, paintings, sculptures ,andphotographs. Intellectual property rights areexclusive legal rights that allow the creators of trademarks, patents andcopyrighted works to gain profit and benefits from their own creation orinvention. The World Intellectual Property Organization (WIPO) convention inStockholm on July 14, 1967 ( Article 2 (viii) ) concluded that intellectualproperty should include rights relating to : ? Trademarks? Industrial design? Copyrights and related rights? Geographical indications? Patents ? Plant varieties? Lay out Design of IntegratedCircuits? Trade Secrets This law protects all creative worksand inventions such as software, music, photographs, paintings, books,trademarks, scientific discoveries, industrial design, and movies. It also givescreators the copyright holder exclusive rights to manage reproduction of theircreations or inventions. Process of applying IP in Malaysia There are five main steps to applyIntellectual property in malaysia.
But before applying IP, we need to search forour categories. Malaysian government gives us three categories. The firstcategory is malaysian citizen who is either an entrepreneur or an inventorbetween the age of 18 to 40 years old. The second category is a primary orsecondary, colleges, universities student that recognised by the government.The last category is local community associations or organisations.
After choosing the category, theapplicants can move on to the next steps which is the main steps. The firststep is identify your IPR. In this step, applicants must know what they havebefore they prioritise what to file. The most common IPR component aretrademarks and patents. To make sure it is the correct IPR components,applicants can go through the list of the IPR components first. The second step is pick the mostrelevant IPR to your business. Applicants need to identify their types of goodsor services that their business is offering. Next, they need to match it to therelevant class.
The government has 45 classes to register for trademarkapplication only. Applicants must ensure their choices to pick their goods orservices classes. The third step is determine thestrength and availability of your IPR. After applicants identified andprioritise their IPR which they want to invest in, the next step is they needto wait for MyIPO to register and help you to search if there any identical orsimilar marks that already register or not. This step will help the applicantsto make sure their mark is certainly available to be registered. It also enableapplicants to make modifications or changes to their mark prior to apply. The fourth step is plan yourfinances. In this step, applicants need to know the rough cost involved and thetime limit estimation of when it need to be paid.
It will help to plan yourfinances and time when to file the application accordingly. Every IP componentshave their own timelines and cost. After you put your application, office willbe issued the timeline by Registrar which you need to reply it. When a failureto reply happen, you need to pay additional money to extend your applicationotherwise your application will be abandoned and removed from the register.Some of the application may not have extendable deadlines, so you make read itcarefully. The last step is apply for funding.After you are done will all four steps, now you are reading to apply fundingfor your desired IPR category.
You must double check your application processand submit all the required documents. Theimportance of IP for product that has commercial values Your IP rights are important because they can:· set your business apart and away fromcompetitors standing point · be sold or licensed, providing animportant revenue stream of itself· offer customers something new and betterto experience· form an essentially part of yourmarketing or branding· be used as security for loans andbanks insurances You may be surprised at how many aspects of yourbusiness can be protected – its name and logo, designs, inventions, works ofcreativity and intellectual effort and trademarks that distinguish yourbusiness can all be types of IP. Explore the different types of IP in detail inour guides:· trademarks of each country· get patent protection for yourbusiness· copyright for your business companies· protecting and handling your inventions Some IP rights are automatically safeguarded by IPlaw of the country, but there are also other types of legal protection you canapply for.To exploit your IP fully, it makes stronger businesssenses to do all you can to secure it. You can then:· protect it against others andultimately defend in the courts your sole right to use, make, sales and importit· stop others from using, making,selling or importing it without your permission· earn royalties by licensing everyinventions and design· exploit through strategic alliances· making money by selling itOne of the least known and most used typesof coverage is IP formulation and warranties infringement liability insurances,which is generally associates with mergers and acquisitions and a purchasingagreement. It certifies that the IP involvement in the transaction is processed,same towards the function of title insurance in home purchases. This type ofcoverage defends against under any misappropriation liability and provides abetter reimbursement for defense expenses and loss (awards or settlements or agreement).
It is designed specifically for the representor and warranties applying to manyintangible assets, whether the sell or bought of a single asset, or a portfolioof assets, and as part of a corporate sale or merger. The rights to claim in an IP application Intellectual property rights include patents, copyright, industrial designrights, trademarks, plant variety rights, trade dress, geographicalindications, and in some jurisdictions trade secrets. There are also more specialized orderived varieties of sui generis exclusive rights, such ascircuit design rights and supplementaryprotection certificates PatentA company is a form of right granted by the government of law to aninventor, giving the owner the right to exclude others from making, using,selling, offering to sell, and importing an invention for a period of time, in exchange. An invention is a solution to aspecific technological problem, which may be a product or a process andgenerally must fulfil three main requirements: it must be new, not obvious andthere needs to be an industrial applicability.
CopyrightA copyright gives all the creator around the globe of an originalwork exclusive rights to it, usually for a long periodof time. Copyright may apply to a widerange of creativity, intellectual, or artistic forms. Copyright does notcover ideas nor information themselves, but only the form or way they areexpressed. Industrial designAn industrial designright protects the visual design of each objects that are not purelyutilitarian at all .
An industrial design consists of the creation of manyshapes, configuration or composite patterns or colours, and colour inthree-dimensional form containing aesthetic value. An industrial design can bea two- or three-dimensional pattern used to produce a product, industrialcommodity or handicraft. Plant varietiesPlant breeders’rights or plant variety rights are the clamming of the rights tocommercially use a new variety of a plant. The variety must amongst othersnovel or distinct and for registration the evaluation of propagating materials forthe variety is considered.
Trademarks of Country buildingA trademark is a recognizable sign to all nation, design or expression whichdistinguishes products and services ofa particular trader from the same value of products and services of othertraders. Trade dresserTradedress isa legal term of art that generally refers to characteristics of the visual (somethingcan be seen) and aesthetic appearance of a product or its packaging (or eventhe design of a building) that signify the source of the product to consumers. Trade secrets for companiesA trade secret is a formula, practice, process, design, pattern, and compilation of information which is not generally known as a reasonably ascertainable, bywhich a business can obtain an economicadvantage over competitors and customers across the globe. There is no formalgovernment protection granted; each business must take measures to guard itsown trade secrets. Advising Procedures Explains theprocedural for IP application of a patent. Patent is beingused for the patent holder to take legal action against anyone who use thepatented invention , design or discovery without any permission. Withoutpatent, anyone can use similar designs , idea and products without any risk.Invention that need patent protection must been filed within 12 months ofreleasing it in public setting, or else the chance of patent protection will begone.
Eligibility of applicant Firstly beforefiling for a patent, the owner of the invention should determine who will ownthe idea. Because if the company file for patents on the inventions but onlyone employee is the one that came up with the idea , then the individual shouldgranted holder of the patent. But if the company came up with the ideainvolving all of the employees in the invention than it must been protect thepatent by process sign an agreement that states the idea belongs to thecompany. Governing Body To file a patent inmalaysia must be filed in the Patent Registration Office of the IntellectualProperty Corporation of Malaysia(MyIPO). MyIPO is responsible for theadministration, registration and processing of patents and the certificate forutility innovations. The application canbe submitted by hand or mail, and can be submitted through an online filingsystem at https://pantas.
myipo.gov.my/online/main. Information and documents required To register an application in Malaysia, the followingdocument is required in the Patent Registration Office by the applicant: -Form 1 (for an application for a patent);-A patent specification consist of the description for theinvention, a claim or set of claims, and abstract or drawing;-The payment of the prescribed filing fee. In form 1 must have provided the following information: -Name,address and the nationality of the applicant;-Name and address of the inventor-Priority details for example the filing date, applicationnumber and country of an earlier application from which priority is claimed (thisonly applies if the applicant has filed an earlier application for the sameinvention. The earlier application, which is the first application for theinvention, is called the priority application, and it must have been filed notmore than 2 months before the filing date of the application in Malaysia). There are also some additional required documents to besubmitted to the patent registration office, if applicable have some specialsituation:-Form 17(Appointment of Patent agent), this form is need ifthe applicable have appointed a patent agent.-The statement justifying the Applicant’s Right to a Patent, This document is need if the applicant is not the inventor of the invention.
Appointment of Patent Agent A patent agent is a professionalqualified which is the specialises in patent work. In common , a Patent agentis need and advises on the patentability of an invention, conducts patentsearches, prepares the patent specification and take care of the filing andprosecution of patent applications amongst others. To appoint a patent agent is not therequirement of the patenting process, The applicant have an option to choosewhether the applicant want to appoint the patent agent to handle the filing orfiling his application on his own behalf. But it is advisable for the applicantto seek the services of the patent agent to assist for the application,especially in the drafting part of the patent specification. But if the applicant want to filethe application on his own behalf, it is important for the applicant tounderstand the patent prosecution process is lengthy and involves some stepswhich need an appropriate actions to be taken in a timely manner. Failure to domay be result in unfavourable risk for the application, and can lead to therefusal of the patent application. Engaging a professional registered patentagent may reduce the risk or burden for the application. But if the applicantis a foreigner than a local patent agent is required to act on his/her behalf.
A list of registered patent agentsin Malaysia is available in http://www.myipo.gov.my.
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