to protect a movie, what category of intellectual property would be used

Chapter iv: Managing Business firm Resources

Intellectual Holding

1. Define the four major types of intellectual property.
2. Be able to provide examples of each intellectual property blazon.
3. Empathise how intellectual property can be a valuable resources for firms.

Defining Intellectual Belongings

The inability of competitors to imitate a strategic resource is a fundamental to leveraging the resources to accomplish long–term competitive advantages. Companies are clever, and effective imitation is oftentimes very possible. Only resources that involve intellectual property reduce or fifty-fifty eliminate this risk. As a result, developing intellectual property is important to many organizations.

 is the legal rights that result from intellectual action in the industrial, scientific, literary, and artistic fields (Canadian Intellectual Property Role, 2014).

The 4 main types of intellectual holding are patents, trademarks, copyrights, and merchandise secrets (Figure 4.8 "Types of Intellectual Belongings"). If a piece of intellectual holding is valuable, rare, and nonsubstitutable, it tin also constitute a strategic resource. Even if a slice of intellectual property does non meet all iv criteria as a strategic resources, it can be bundled with other resources and activities to create a strategic-level resource.

A variety of formal and informal methods are bachelor to protect a firm'south intellectual holding from faux by rivals. Some forms of intellectual property are best protected past legal means, while defending others depends on surrounding them in secrecy. For example, KFC'south hush-hush blend of eleven herbs and spices is famous for beingness a trade secret. This can exist contrasted with WestJet Airlines' well-known culture, which rivals are gratis to effort to copy if they wish. WestJet's culture thus is not intellectual property, although some of its complements such as WestJet's logo and unique colour schemes are.

Figure 4.8 Types of Intellectual Property [Image clarification]

Patents

 are legal decrees that protect inventions from directly imitation for a limited menstruation of time (Figure 4.9 "Patents"). In Canada, a patent is a right, granted by government, to exclude others from making, using, or selling your invention for twenty years afterwards the patent application is filed. Obtaining a patent involves navigating a challenging process. To earn a patent from the Canadian Intellectual Property Office, at that place are iii basic criteria for patentability:

1. The invention must show novelty (exist the first in the world).
2. It must show utility (be functional and operative).
3. Information technology must show inventive ingenuity and not be obvious to someone skilled in that area.

Figure 4.9 Patents [Paradigm description]

A patent is granted merely for the physical embodiment of an idea (for instance, the description of a door lock) or for a process that produces something tangible or can be sold. You cannot patent a scientific principle, an abstract theorem, an idea, some methods of doing business, or a computer programme per se. In one case an invention is patented in Canada, sectional rights are granted to the patent holder every bit defined in the Patent Act(Government of Canada, 1985). Any interference with the patent holder's "full enjoyment of the monopoly granted by the patent" is considered a patent infringement (CanLII, 2004).

You may obtain a patent for an improvement to an existing invention, merely go along in mind that the original patent may still be in strength. If this is the example, manufacturing or marketing the product with your improvement would probably be an infringement. This situation is oftentimes resolved by agreement between the patentees to grant licences to each other.

In 1986, Windsurfing International Inc. five. Trilantic Corp. dealt with a manufacturer selling the unassembled components of a patented sailboard (1986). In the courtroom'south determination, it was stated:

Without assembly there tin be no purpose in a purchaser buying the unassembled parts since, unassembled, they cannot be used for the purpose for which they are purchased, that is, to canvass. To suggest that a patent infringement suit tin be successfully avoided by selling parts every bit components of a kit in contradistinction to their auction assembled is, in my view, errant nonsense.

–Windsurfing International Inc. v. Trilantic Corp. (1986), eight C.P.R. (3d) 241

One alternative is to maintain the innovation as a trade secret. This tin be very cost-effective protection and, unlike a patent, can last indefinitely. Still, in one case the secret is out, the protection is completely lost. As well, trade-secret protection gives yous no rights against third parties who independently discover the same invention and patent information technology.

Patenting an invention is of import because patents can protect and generate enormous profits. Imagine, for example, the potential for lost profits if the Slinky had not been patented. Shipyard engineer Richard James came upward with the thought for the Slinky by accident in 1943 while he was trying to create springs for use in transport instruments. When James accidentally tipped over ane of his springs, he noticed that it moved downhill in a captivating way. James spent his free fourth dimension perfecting the Slinky and and then applied for a patent in 1946. As noted above, in 1966 the patent expired, and anyone tin now employ this invention. To appointment, more than 300 one thousand thousand Slinkys have been sold by the visitor that Richard James and his wife Betty created.

Figure iv.x: Patenting inventions such equally the Slinky helps ensure that the invention is protected from imitation.

Trademarks

 are a discussion (or words), a design, or a combination of these used to identify the goods or services of one person or organisation (Figure 4.xi "Trademarks"). Trademarks are important because they assistance an organization stand out and build an identity in the market place. Some trademarks are and so iconic that well-nigh all consumers recognize them, including McDonald'south golden arches, the Nike swoosh, and Apple'southward outline of an apple tree.

Effigy 4.eleven Trademarks [Image description]

Other trademarks help ascension companies carve out a unique niche for themselves. For example, French shoe designer Christian Louboutin has trademarked the signature red sole of his designer shoes. Considering these shoes sell for many hundreds of dollars at upscale retailers, competitors would beloved to copy that look. Thus, legally protecting the distinctive red sole from imitation helps preserve Louboutin's profits. It should exist noted that although the average consumer might not exist able to identify the specific shade of ruby that was granted a trademark, a similar, but different, scarlet colour used in shoe soles was deemed not to be a trademark infringement.

Figure 4.12: Fashionistas instantly recognize the trademark red sole of Christian Louboutin's loftier-end shoes.

Trademarks are of import to colleges and universities. Schools earn tremendous sums of money through royalties on T-shirts, sweatshirts, hats, backpacks, and other consumer appurtenances sporting their names and logos. On any given day, there are probably several students in your grade wearing 1 or more pieces of clothing featuring your schoolhouse'south insignia; your school benefits every time items like this are sold.

Schools' trademarks are like shooting fish in a barrel to counterfeit, however, and the sales of counterfeit appurtenances take coin away from colleges and universities. Counterfeit products are oftentimes inferior in quality and may fifty-fifty pose a potential wellness or safety take chances to the consumer. Non surprisingly, many schools and other entities fight to protect their trademarks, including educating consumers. The Vancouver Canucks website (and those of many other national sports teams) features a section called "Fight the Imitation" that includes tips on ways to spot counterfeit products in order to promote the authorized version and protect ane of its sources of revenue (NHL.com, 2014).

Copyrights

 provide sectional rights to the creators of original artistic works such as books, movies, songs, and screenplays (Figure 4.13 "Copyrights"). Unlike patents that are only enforceable for 20 years, copyright exists for the duration of author'southward lifetime plus an additional 50 years.

Figure iv.xiii Copyrights [Image description]

Sometimes copyrights are sold and licensed. In the tardily 1960s, Buick thought it had an agreement in place to license the number one striking "Light My Fire" for a goggle box advertisement from The Doors until the band's volatile lead singer Jim Morrison loudly protested what he saw equally mistreating a work of art. Classic rock by The Beatles has been used in television ads in recent years. After the belatedly pop star Michael Jackson bought the rights to the band'south music catalog, he licensed songs to Target and other companies. Some devoted music fans consider such ads to exist abominations, perhaps proving the merit of Morrison'due south protest decades ago.

Over fourth dimension,  has get a huge issue for the owners of copyrighted works. In China, millions of pirated DVDs are sold each yr, and music piracy is estimated to business relationship for at to the lowest degree 95 percent of music sales. This piracy deprives flick studios, record labels, and artists of millions of dollars in potential royalties. In response to the damage piracy has caused, the Canadian and U.S. governments take pressed their Chinese counterpart and other national governments to improve enforce copyrights.

Figure 4.xiv: He looks calm hither, but the licensing of a copyrighted song for a car commercial enraged rock legend Jim Morrison.

Trade Secrets

The definition of a merchandise secret tin vary from one jurisdiction to another. In general, information technology is information that provides a business organization advantage over a competitor and is subject to reasonable efforts to maintain its secrecy. Trade secrets can exist formulas, practices, designs, patterns, data compilations, devices or instruments, processes, etc. Sometimes a trade hugger-mugger can be protected contractually through certain legal concepts and statutes.

Merchandise secrets encompass a very wide diverseness of items, contained or embodied in, but non express to, a formula, pattern, plan, compilation, estimator programme, method, technique, process, product, device or mechanism; it may be information of whatever sort; an idea of a scientific nature, or of a literary nature.  Trade secrets grant an economic advantage to the concern and improve its value (Turner, 1962). Additionally, there must be some element of secrecy. Matters of public noesis or of full general knowledge in an industry cannot be the subject thing of a trade secret (Vaver, 1981) (Figure 4.fifteen "Trade Secrets").

Figure 4.xv Merchandise Secrets [Epitome description]

Some trade secrets have get legendary, perhaps considering a mystique arises effectually the unknown. One famous instance is the  cloak-and-dagger blend of eleven herbs and spices used in KFC's original recipe chicken. KFC protects this cloak-and-dagger past having multiple suppliers each produce a portion of the herb and spice blend; no one supplier knows the full recipe. Similarly, Coca-Cola'due south flavour mix is besides shrouded in mystery. In 2006, Pepsi was approached past shady individuals who were offering a gamble to buy a stolen re-create of Coca-Cola's hush-hush recipe. Pepsi wisely refused. An FBI sting was used to bring the thieves to justice. The soft-drink manufacture has other secrets too. Dr Pepper's recipe remains unknown outside the company. Although Coke's formula has been the subject area of greater speculation, Dr Pepper is really the original secret soft beverage; it was created a year before Coca-Cola.

Figure 4.16: The recipe for Dr Pepper is a hush-hush dating back to the 1880s.

• Intellectual property tin serve as a strategic resources for organizations. While some sources of intellectual property such as patents, trademarks, and copyrights tin receive special legal protection, merchandise secrets provide competitive advantages past simply staying hidden from competitors.

1. What designs for your college or university are protected by trademarks?
2. What type of intellectual holding provides the nearly protection for firms?
3. Why would a firm protect a resource through merchandise secret rather than by a formal patent?

References

Cameron, Donald M.  (1977). Windsurfing International Inc. v. Trilantic Corp. (1986), 8 C.P.R. (3d) 241.  Retrieved from http://world wide web.jurisdiction.com/windsuca.htm

Canadian Intellectual Property Office. (2014). What Is Intellectual Property? Retrieved from http://world wide web.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home

CanLII. (2004). Monsanto Canada Inc. v. Schmeiser, 2004 SCC 34, [2004] i SCR 902. Retrieved from http://www.canlii.org/en/ca/scc/doc/2004/2004scc34/2004scc34.html

Government of Canada. (1985). Patent Human action. Retrieved from http://laws-lois.justice.gc.ca/eng/acts/P-4/section-42.html

NHL.com. (2014). Vancouver Canucks. Fight the Fake. Retrieved from http://canucks.nhl.com/social club/page.htm?id=66864

Turner, A. (1962). The Law of Trade Secrets. London: Sweetness & Maxwell

Vaver, D. (1981). Civil Liability for Taking or Using Trade Secrets in Canada.The Canadian Business Constabulary Journal.

Ward, C. (2009, October 8). OU works to forestall trademark infringement.The Oklahoma Daily. Retrieved from http://www.oudaily.com/news/2009/october/08/ou-works-prevent-trademark-infringement

Image clarification

Effigy 4.8 image description: Types of Intellectual Belongings

The term intellectual property refers to creations of the mind, such every bit inventions, artistic products, and symbols. Some forms of intellectual property are protected by law while others can all-time be defended by surrounding them in secrecy.

• Patents protect inventions from straight imitation for a limited menses of time. Within the pharmaceutical industry, patent protect the new drugs created past firms such as Merck and Pfizer for up to twenty years. If a new drug gains acceptance in the marketplace, its patent creates a window of opportunity for the patent holder to enjoy fantabulous profits.
• Trademarks are phrases, pictures, names, or symbols used to place a particular arrangement. McDonald's golden arches, the phrase "Intel Inside," and the brand name Old Navy are examples of trademarks.
• Copyrights provide exclusive right to the creators of original artistic works such as books, movies, songs, and screenplays. Sometimes copyrights are sold and licenced. The belatedly pop star Michael Jackson bought the rights to The Beatles' music catalog and later licensed songs to Target and other companies for apply in goggle box advertisements.
• Merchandise secrets refer to formulas, practices, and  designs that are central to a firm's business and that remain unknown to competitors. Ane famous example is the blend of eleven herbs and spices used in KFC's original recipe chicken. KFC protects this underground by having multiple suppliers each produce a portion of the herb and spice blend; no ane supplier knows the full recipe.

Return to Figure 4.eight

Effigy 4.nine image description: Patents

Patents protect inventions from direct imitation for a limited menses of time. Some examples and cardinal problems surrounding patents are illustrated below.

• To earn a patent from the Canadian Intellectual Belongings Office, an inventor must demonstrate that an invention is new, nonobvious, and useful.
• As several unlike inventors raced to create a workable system for voice manual over wires, Alexander Graham Bong was awarded a patent for the telephone in 1876.
• Leonardo DaVinci excelled in every field (painting, sculpture, you proper name information technology), but rarely was his talent recognized. Equally the inventor of an early airplane, machine gun, and armored tank, he was centuries ahead Of his fourth dimension.
• In 2013, the Canadian Federal Court ruled that Merck was entitled to over $119 million in damages, plus interest, for Apotex'due south infringement of Merck's patent for the anti-cholesterol drug lovastatin. This judgement was the largest patent infringement award in Canadian history.

Return to Effigy four.9

Figure 4.eleven prototype clarification: Trademarks

An organization's trademarks consist of phrases, pictures, names, or symbols that are closely associated with the arrangement. Some examples and fundamental bug surrounding trademarks are illustrated below.

• To be fully protected in the United States, a trademark must be registered with the U.s.a. Patent and Trademark Office. A upper-case letter R with a circle around it denotes a registered
  trademark.
• Many small companies use their founders' names as the basis for a trademarked visitor proper noun, such every bit Ben and Jerry's.
• As part of the penalisation for German assailment during World War l, German drug maker Bayer lost its trademark on "Aspirin" in France, Russian federation, the United Kingdom, and the Us. Today, Bayer still retains its trademark in Deutschland, Canada, Mexico, and dozens of other countries.
• The distinctive pattern of Burberry Ltd. is an example of a trademark that does not involve words or symbols.

Return to Effigy four.eleven

Figure 4.thirteen prototype description: Copyrights

The rights of creators of original artistic works such every bit books, movies, songs, and screenplays are protected by copyrights. Some examples and fundamental issues surrounding copyrights are illustrated below.

• In China, millions of pirated DVDs are sold each yr, and music piracy is estimated to account for at least 95 percent of music sales. In response, the Canadian government has pressed its Chinese counterpart to meliorate enforce copyrights.
• The presence of the copyright symbol tells consumers thatthey are not allowed to indistinguishable the product that carries
  the copyright.
• When it became apparent that The Verve's 1997 hit single "Bittersweet Symphony" duplicated a Rolling Stones song, The Verve was forced to surrender the copyright for the vocal.
• Today'south cheesy telly ads aimed at inventors follow a long tradition of companies offering to help individuals copyright their ideas—for a pocket-sized fee, of course.
• A painting such every bit Johannes Vermeer'due south "Girl with a Pearl Earring" enters the public domain (ie., is not field of study to copyright) 1 hundred years afterward its creator's death,

Return to Figure 4.13

Figure 4.15 prototype description: Trade Secrets

Trade secrets are formulas, practices, and designs that are primal to a firm's business, and remain unknown to competitors. Everyone loves a adept mystery, so it is no surprise that legends accept arisen around some trade secrets. Some examples and cardinal issues surrounding trade secrets are illustrated below.

• Pepsi-Cola, KFC, Twinkies, and Krispy Kreme all accept underground recipes, and a certain mystique surrounds those products.
• In 2006, Pepsi was offered a chance to purchase a stolen copy of Coca-Cola'south hush-hush recipe. An FBI sting was created and the thieves were arrested.
• WD twoscore was developed to repel water and prevent corrosion, but it was after found to take over 2 thousand uses. Creating WD—forty took a lot of work: the production's unusual name stands for "H2o Displacement, 40th endeavour." Despite being created in 1953, the formula for making WD—IO remains unknown outside the company that sells information technology.
• FarmVille creator Zynga alleged in a lawsuit that Disney had lured abroad Zynga employees to piece of work for Disney and so urged the employees to tum owr a undercover "playbook" that described Zynga•s strategy. The example was settled out of court in late 2010
• The spicy secret of why people love burning Sriracha hot sauce was finally revealed. people Who love the sauce may be masochists, experiencing pleasure from hurting. Heat receptors in the mouth are triggered past the ingredients in Sriracha. The trunk reacts as it would to burning water, which may be the attraction to the sauce for some people.

Return to Figure 4.15

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Source: https://opentextbc.ca/strategicmanagement/chapter/intellectual-property/

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