CHAPTER 1: AN INTRODUCTION TO INTELLECTUAL

PROPERTY
Dr Lê Nết (reference book)

Free-riding: those who don’t contribute anything but still receive the benefit.

Recoup: regain, recover

Intellectual property based on 2 foundations: moral & economic.

From the users’ point of view, it can be beneficial but from the creators’ pov, there would
be lack of incentives and motivations to create new things which can lead to
undersupply products.

The right to monetize the creation => giving permission, authorisation => financial
rewards.

Physical fences don’t work with the creations of mind => legal fences.

Exclusive rights: the right to exclude/prevent others from using your IP.

Rights remained in IP: use, dispuse, not posess.

IPR helps the creators recoup their investments used to conduct experiments.

What are the short-comings of such methods/modes of protection? (at home)

IP is the term that describes intagible products…

1. Logo is considered as a commercial sign => A company wishes to ensure that no-
one else can use their logo => trademark
2. A singer wishes to assign the rights to reproduce a video she made of her concert
=> copyright related
3. A new way to process milk so that there is no fat in any cheese made from it =>
patent, trade secrets
4. A company has decided to invest in packaging, which is distinctive, and they wish
to ensure that they have sole use => industrial design, trademark
5. A company decides to use a logo that has the same shape as its competitor but
with a different colour => rights related to the unfair competition prevention
law/trademark
Brand name includes brand value, reputation, position => innovation, creativity,
investment.

FIELDS OF IPR

1. Copyright
Automatically protected => show the time of the creation by a tangible medium

Fair uses: non-profit ulitarian of product (home)

Expired => public dormain

Harry Potter: Lý Lan: original, tangible, a license => NXB trẻ: investor, purchases the
ownership from Rowling (quyền tác giả)

2. Patents
- Protect the ideas, not just expressions
- Registration is necessary
- Requirements: utility, novelty (prior art), non-obviousness (inventive step)

IP can be abused as a kind of anti-trust

- Negotiation
- Find out if the there was no commercial use of the trademark at least 5 years
- Change the trademark

Thương hiệu (những gì ng tiêu dùng nghĩ và cảm nhận): Trademark value is high

Assets:
- Licensing (remain ownership)
- Transfer of right to use
- Assignment
- Transfer of property rights
- Non-rivalrous

Philosophies of IPR system:

- Natural right view
- Public right view
- Utilitarian view