KUALA LUMPUR, May 5 — We discussed the four main types of intellectual property rights in last week’s article. These were patents, trademarks, copyright and industrial designs.
This week, we look at the “other” types of intellectual property rights. These are Integrated Circuit Topographies, Plant Breeder’s Rights, domain names, trade secrets, database rights and Geographical Indications.
Integrated Circuit Topographies (ICTs)
ICTs refer to the three-dimensional configurations (lay-out designs) of electronic circuits used in microchips and semiconductor chips (i.e. the arrangement on a chip of semiconductor devices such as transistors and passive electronic components such as resistors and interconnections).
There is continuing demand for new lay-out designs that reduce the dimensions of existing integrated circuits and simultaneously increase their functions.
The smaller an integrated circuit, the less material required for its manufacture, and the smaller space required for its accommodation. Integrated circuits are used in virtually all electronic equipment today including computers, mobile phones and other digital home appliances that are part of modern society.
Due to the functional nature of the lay-out designs, they cannot be protected under copyright law. Similarly, some lay-out designs (i.e. lithographic works), are not clearly protectable subject matter and may not be effectively protected under patent law.
Thus the introduction of the Integrated Circuit Topographies in the 1990s. Registration of ICT rights extend exclusive legal rights to exclude others from reproducing the topography (surface shape and features), and from manufacturing an integrated circuit product that incorporates the topography, or a substantial part of it. ICTs can be assigned, licensed or used to negotiate funding.
Plant Breeder’s Rights (PBRs)
PBRs refer to varieties of some plant species. In order to qualify for exclusive rights, a variety must be new, distinct, uniform and stable. A variety is “new” if it has not been commercialised for more than a year.
A variety is “distinct” if it differs from all other known varieties by one or more important botanical characteristic, such as height, maturity, colour, etc.
A variety is “uniform” if the plant characteristics are consistent from plant to plant within the variety.
A variety is “stable” if the plant characteristics are genetically fixed and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties.
Registration of PBRs extends exclusive legal rights to control the multiplication and sale of the seeds of new plant varieties for a period of time. The breeder must give the variety an acceptable “denomination”, which becomes its generic name and must be used by anyone who markets the variety.
PBRs may be assigned, licensed or used to negotiate funding. It is important to note that other people can breed or save and grow the varieties for their own private use without asking for permission to do so.
Domain names
A domain name is the address of a website that is intended to be easily identifiable and easy to remember, such as petronas.com.my. These addresses for websites help connect computers and people on the Internet.
Unlike trademarks where identical marks can be owned by different owners if the goods and services are sufficiently different, there can be only one owner of a specific domain name.
If a domain owner appears to have no legitimate rights to the domain name and is attempting to pass themselves off as another entity or hold the domain name ransom, there is opportunity to dispute the ownership through the domain name dispute resolution process. The process varies depending on the type of domain name.
Trade secrets
A trade secret is a formula, practice, process, design or compilation of information used by a business to obtain an advantage over competitors. Trade secrets are by definition not disclosed to the world at large.
Unlike a patent, a trade secret is a type of intellectual property which does not require registration. A trade secret consists of commercial and/or technical information which is treated consistently in a confidential manner by the owner.
A trade secret typically consists of a formula, pattern, device or compilation of information which is used in the trade secret owner’s business and which gives the owner an opportunity to obtain an advantage over competitors who do not know the trade secret.
A trade secret may be a formula, recipe, a process of manufacturing, treating or preserving materials, a pattern for a machine or even a list of customers. Matters which are generally known or commonly known to the trade in which the trade secret owner is engaged cannot be protected as a trade secret.
Database rights
Database right prevents copying of substantial parts of a database. The protection is not over the form of expression of information but of the information itself, but in many other aspects database right is similar to copyright.
Provided a set of data comes within the definition of a database, it will qualify for protection in its own right under the Regulations (irrespective of whether it benefits from protection under copyright) if there has been a substantial investment in obtaining, verifying or presenting the contents of the database.
Investment includes any investment, whether of financial, human or technical resources and substantial means substantial in terms of quantity or quality or a combination of both.
Like copyright, a database right is an automatic right which exists as soon as the database exists in a recorded form. Database rights last for either 15 years from the end of the year in which the making of the database was completed or, if it was published during that period, 15 years from the end of the year in which the database was first made available to the public.
Geographical Indications (GIs)
A GI is any sign or symbol that identifies goods as emanating from any specific region or location of a country that gives the goods its known quality, reputation or characteristics that are essentially attributable to that region or locality.
Geographical Indications may be used for a wide variety of products, whether natural, agricultural or manufactured. Various agricultural products retain qualities derived from their place of origin and are influenced by specific local factors, such as climate and soil. It is important that the product derives its qualities and reputation from that place. Some examples of GIs are champagne, Scotch whiskey, Parmesan cheese and Swiss watches.
If you believe you have protectable IP, we can help you to evaluate and strategise your invention or innovation by providing you a comprehensive IP services and advisory. PlaTCOM Ventures, as the national IP commercialisation platform, specialises in aligning your IP strategy with commercial strategy. Whether you are a small start-up or a multinational organisation, taking steps to protect your intellectual property should be a priority within your business.
Your feedback is welcome at [email protected].
* Dr Viraj Perera is the CEO of PlaTCOM Ventures Sdn Bhd, the national technology commercialisation platform of Malaysia which is a wholly-owned subsidiary of Agensi Inovasi Malaysia (AIM) formed in collaboration with SME Corp Malaysia.
