MOE - Intellectual Property and Legal Aspects

Summary

This lecture introduces the concept of intellectual property (IP) and its importance in protecting creativity. It distinguishes between tangible and intangible assets, focusing on how creativity can become a valuable asset. Key IP types include trademarks, copyrights, patents, and trade secrets. The speaker explains how businesses can safeguard their brands, inventions, and ideas through registration, with examples from the automotive industry and global trademark agreements like the Madrid Protocol. The session also highlights how IP rights can be transferred or commercialized, emphasizing the role of innovation in business growth.

Takeaways

• 💡 Intellectual poverty and legal aspects are important topics for understanding how to protect creative works.
• 🏢 Creativity is an intangible asset that can generate income and needs protection, similar to tangible assets like land or machinery.
• 🚗 The example of MG cars illustrates how a brand's history and identity can be an asset, and how intellectual property (IP) rights can be transferred and protected.
• 🔖 Trademarks are a form of IP that protect brand identities through logos, names, and slogans, and can be registered for legal protection.
• ⭕ The 'R in a circle' symbol indicates a registered trademark, providing exclusive rights to use the mark commercially.
• 🌐 The Madrid Protocol facilitates international trademark protection, simplifying the process for businesses expanding globally.
• 📚 Copyright protects artistic works and gives the creator exclusive rights to reproduce and commercialize their work, typically for the author's life plus 50 years.
• 💡 Patents safeguard inventions and innovations, allowing the inventor exclusive rights for a certain period, usually 20 years.
• 🔑 Petty patents cover minor improvements or simple inventions, offering up to 10 years of protection, renewable in 2-year increments.
• 🔒 Trade secrets are confidential information that provide a competitive edge, and their protection relies on keeping them secret without formal registration.

Q & A

What is the main focus of the lesson in the transcript?

The lesson focuses on intellectual property (IP) and its legal aspects, emphasizing the protection of creative works and intangible assets.

How is intellectual property different from tangible property?

Tangible property refers to physical assets like land, buildings, and machines that can be touched and seen. Intellectual property, on the other hand, refers to intangible assets like creativity, brand value, and inventions that cannot be physically touched but hold significant value.

What are the four key domains of intellectual property (IP) mentioned in the transcript?

The four key domains of IP are trademarks, copyrights, patents, and trade secrets.

What is the purpose of registering a trademark?

Registering a trademark protects a company's brand identity by preventing others from using the same or a similar name, logo, or slogan. It gives the company exclusive rights to commercialize the brand.

What is the Madrid Protocol, and how does it relate to trademark protection?

The Madrid Protocol is an international agreement that allows for the mutual recognition of trademarks across member countries. If a company registers a trademark in one member country, like Thailand, the protection applies in other member countries as well.

How does copyright protection work, and when does it start?

Copyright protection starts the moment an original work is created and recorded, either on paper or digitally. It protects artistic works, such as literature, music, and graphic designs, and grants the creator exclusive rights to reproduce and commercialize the work.

What happens to a copyrighted work after the author passes away?

After the author passes away, the copyright can be transferred to heirs or others as part of the author's estate, just like other assets in a will. The copyright protection usually lasts for the author's lifetime plus 50 years.

What is a patent, and what are the three main types of patents in Thailand?

A patent is a form of protection for inventions and innovations. In Thailand, the three main types of patents are: Invention Patents (for functional innovations), Petty Patents (for minor improvements), and Industrial Design Patents (for ornamental designs).

How long is an invention patent valid in Thailand, and what happens after it expires?

An invention patent in Thailand is valid for 20 years from the filing date. After the patent expires, the innovation becomes available for public use, meaning anyone can legally commercialize it.

What is a trade secret, and how is it different from other types of IP?

A trade secret is confidential information that provides a competitive advantage, such as formulas, recipes, or marketing plans. Unlike other types of IP, trade secrets do not require registration with a governmental authority. The protection relies on the secrecy of the information.

Outlines

00:00

💡 Understanding Tangible vs. Intangible Assets

The speaker introduces the concept of intellectual poverty and the importance of protecting creativity as a valuable asset. First, tangible assets like land, buildings, and office equipment are defined as physical items that hold value. Then, intangible assets, such as creativity, are explained as non-physical but still valuable resources. An example of a car company, MG, illustrates how a brand can have long-term value and intellectual property (IP) rights, such as trademarks, patents, and copyrights, which protect intangible assets. Trademarks are highlighted as a key form of IP protection.

05:07

🏷️ Registering Trademarks and Global Protection

The speaker dives deeper into trademarks, explaining that generic names like 'S-O-D-A' cannot be trademarked as they would prevent others from using common terms. Trademark registration grants ownership and protection. For international business expansion, the Madrid Protocol enables trademark protection across member countries, but separate registration is needed in non-member countries. The discussion then moves to copyright, which protects artistic works like literature and music. Copyright automatically applies once a work is created, lasting for the author's life plus 50 years. IP rights can be transferred to heirs, much like physical assets.

10:08

📑 Patents: Protecting Innovation and Technology

This section explains patents, focusing on how they protect inventions and technological innovations. Using Thomas Edison’s invention of the light bulb as an example, the speaker emphasizes that patents prevent others from duplicating an idea until the patent expires. In Thailand, there are three types of patents: Invention Patents (covering innovative functionality), Petty Patents (minor improvements), and Industrial Design (covering ornamental, non-functional aspects). Invention patents offer protection for 20 years, after which the innovation becomes public domain. Petty patents offer up to 10 years of protection for simpler inventions with improvements.

🤫 Trade Secrets: Guarding Confidential Business Information

The final part focuses on trade secrets, defined as valuable business information that gives a company a competitive advantage. This could include recipes, formulas, or customer lists. Trade secrets are protected by keeping them confidential, rather than registering them with authorities. An example is a secret recipe that can be kept private and later sold to another party. The speaker concludes the lesson by reinforcing the importance of protecting intellectual property and understanding legal aspects.

Keywords

💡Intellectual Property (IP)

Intellectual Property (IP) refers to creations of the mind such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. In the video, IP is emphasized as an important asset that, like tangible property, can be protected by law. The video explains how creativity, when developed, can have value, and different types of IP rights such as trademarks, copyrights, patents, and trade secrets help protect this value.

💡Tangible Asset

Tangible assets are physical items that have value, such as land, buildings, and machinery. The video uses this term to contrast with intangible assets like intellectual property. While tangible assets can be seen and touched, the video highlights that creativity and intellectual property are intangible but equally valuable.

💡Intangible Asset

Intangible assets refer to non-physical items that hold value, such as intellectual property, brand reputation, and patents. In the video, the presenter explains that creativity is an intangible asset, which can generate income if developed and protected correctly, using the example of the MG car brand.

💡Trademark

A trademark is a symbol, word, or phrase legally registered to represent a company or product. In the video, trademarks are described as essential for distinguishing products in the market, with examples such as logos, slogans, and brand names. The video also introduces the 'Registration Trademark' symbol (®) and its legal importance in protecting a brand’s identity.

💡Copyright

Copyright is a form of protection granted to the creators of original artistic or literary works. The video explains that copyright safeguards works such as music, literature, and films, giving authors the exclusive right to reproduce and commercialize their works. It also notes that in Thailand, copyright protection lasts for the author's lifetime plus 50 years.

💡Patent

A patent provides legal protection for inventions, preventing others from making, using, or selling the invention without permission. In the video, patents are discussed in the context of technological innovation, using Thomas Edison’s invention of the lightbulb as an example. The video explains the two types of patents in Thailand: invention patents (lasting 20 years) and petty patents (lasting up to 10 years).

💡Trade Secret

A trade secret is confidential business information that gives a company a competitive edge, such as recipes, formulas, or marketing strategies. The video highlights that trade secrets do not require government registration but must be protected by keeping them undisclosed. The example given is a secret cooking recipe that can be sold or commercialized.

💡Madrid Protocol

The Madrid Protocol is an international system that allows trademark owners to seek registration in multiple countries with one application. The video explains how the Madrid Protocol benefits businesses by protecting their trademarks internationally, with Thailand being a participant in this agreement.

💡Invention Patent

An invention patent protects the functional aspects of new inventions, giving the owner exclusive rights for 20 years. The video discusses invention patents in relation to technological advancements, offering protection to innovators and allowing them to commercialize their inventions during the protection period.

💡Petty Patent

A petty patent is granted for minor improvements or simple innovations that offer practical benefits. The video provides an example of redesigning a cooking pot for better heat transfer, explaining that a petty patent grants protection for up to 10 years, with an initial 6-year period and two possible renewals.

Highlights

Introduction to intellectual property and its legal aspects, emphasizing the protection of creativity.

Definition of tangible assets as physical properties like land, buildings, and equipment, contrasting them with intangible assets such as creativity.

Explanation of intangible assets, highlighting how creativity, when developed properly, can generate income.

Introduction of intellectual property (IP) and its value in protecting assets like brands, logos, and trademarks.

Discussion of the MG car company as an example of how a brand's history and logo hold value, and how a company can protect its brand through intellectual property.

Overview of the four key types of intellectual property: trademarks, copyrights, patents, and trade secrets.

Explanation of trademarks, including how they distinguish a company’s products, and examples of well-known logos and slogans.

Introduction to the registration trademark symbol (®) and how trademark protection is applied in Thailand and internationally through the Madrid Protocol.

Explanation of copyrights, used to protect artistic works like literature, music, and architecture, with the concept of automatic protection upon creation.

Insight into how copyright protection in Thailand lasts for the author’s life plus 50 years, and how intellectual property can be transferred after the author's death.

Discussion of patents, with Thomas Edison’s lightbulb invention as an example of how new technology can be protected, ensuring exclusive commercialization rights.

Introduction to different types of patents in Thailand: invention patents, petty patents, and industrial designs, with examples of how minor improvements can qualify for petty patents.

Explanation of the 20-year protection period for invention patents in Thailand, and the 10-year protection for petty patents with options for renewal.

Introduction to trade secrets, including the importance of keeping valuable information like recipes and marketing strategies confidential to maintain a competitive advantage.

Conclusion emphasizing the importance of protecting intellectual property to preserve its value and provide competitive advantages.

Transcripts

Good day, students? Today's topic is about  intellectual poverty and legal aspects.  

A couple days ago, you've learned about innovation and creativity, now we also need to learn about...  

how to protect our product of creativity because  creativity has its own value. But before we  

get started, you may wonder how creativity has  its own value? So, let's take a glance here first.  

Normally, in terms of "property", we'll think of a piece of land, building, condominium or house.

And in business area, property covers the resources like office supplies, computers, machines, for example.  

They're so obvious that these kind of things are assets of someone, and they have their own value  

at some points. I'll call these things  as tangible asset first.

Tangible is an adjective which means something  in physical shape; you can touch, see  

and know where it is place. However, there're something you can't touch, see and don't  

know how it looks like, but they assist and   have their own value as well. Now, I'm talking

about your creativity. Your creativity can turn into income if you develop well at the right time.  

I'll call this as intangible asset. I'll put the  prefix 'in' in front of the word, so it has a  

meaning in other way around. Let's get to the point! I'll start by an example of a car company, MG. 

Everyone knows this car brand. It's sold in Thailand as well. I'd like you to look at the year

number "since 1924". Tracing its history back to 1924, MG is the iconic British

motoring brand, famous for building sporty, exciting and value-for-money cars, which are   

always fun to drive. This is information from the official website mg.co.uk. Around 80 years later,

in 2005, the Chinese car company "Nanjing Automobile Group" has purchased the rights to the MG brand along  

with other assets of the MG Rover group, and they created a new car company called NAC MG.

The brand or the logo has its own value  as well. If you can create a new brand and  

register it in a commercial way and time by time  you develop the brand till it is well known,  

people trust in your brand. That's the value of  your brand. And year later, if someone use the   

same brand name or logo, you can have the rights to claim the use of your brand because   

you're protecting your asset. This is one of the examples of intellectual property, and in brief, we'll call  

it "IP". But how many types of IP are there? Basically, I'll talk about the four key domains of IP, 

which consists of trademarks (เครื่องหมายการค้า), copyright (ลิขสิทธิ์),

patents (สิทธิบัตร), and trade secrets (ความลับทางการค้า).  

Let's get started on the trademark!  It's a mark that distinguishes  

your company or the product from the others. It can be names, logos, designs of logo, slogans and so on.

If I'm talking about the bank in Thailand  with a green logo, you'll think of one brand.  

If I'm talking about the fast food chain with  the slogan "its finger licking good", you'll think of  

one mouth-watering fried chicken, right? These kind of things are the elements to distinguish

the identity of one company. A strong brand has a strong value to a company, so that's a reason why a company  

needs to register their trademark. Have you ever  seen this tiny emblem R inside a circle?

Here's an example of a logo that has R in a circle. We call the R in a circle "Registration Trademark".

In Thailand, we can do the “®” registration at the Department of Intellectual Property, the Ministry  

of Commerce of Thailand. In another countries, you need to check country by country.

How do you name your product? Basically, you cannot use a general brand name to represent your general  

product. For example, if you're going to sell soda  as a drink, you cannot name it "S-O-D-A"  

because if you register it, no one can use this name anymore.  

So, how can people call a bottle of soda  if you own the name S-O-D-A?

Let's talk about the registration trademark  protection! As I've mentioned many times,  

if you register it, no one can use this name  anymore. So, you'll get the ownership of this

name, and the right to commercialize this name. Now, you may have a question: if I expand my

business internationally, will this protection apply to all areas? You need to know about  

the Madrid Protocol. Dating back in the past years, nations had a meeting in Madrid, Spain,  

agreeing to have one mutual agreement on registration. Nations there agreed to practice the protection

complying with this protocol, and Thailand was one of them. So if you register your trademark  

in Thailand, your registration will be protected  in the countries using this protocol as well.

You may check the members of the countries from the website World Intellectual Property Organization.

What if you do a business out of  the membership of Madrid Protocol?

You need to register your trademark in the country again to get a lawful protection of that specific area.  

Copyright is used to protect artistic works, for  example, literary, musical, dramatic, graphic, sculpture,  

architectural work and sound recording. It's used to protect the original authorship.

For this time, you don't need to register your  artwork, but you can get a certification  

from the department of intellectual property. you may have  

a question: how you can claim the authorship of  your work? Let's see this!

When you come up with an idea of literature work and you write it down on a paper or publish on internet,  

that's the moment when copyright protection starts, from the moment our work is created.

In Thailand, the protection lasts for author life plus 50 years, so, during this period, the owner of the work has  

the right to reproduce or commercialize the work  based on the original. Now, take a focus on this!  

As I mentioned the protection of the author, so what will happen if  

the author passes away? Who will be in charge  of taking care the authorship?

Remember? IP is one type of the asset, so it can be transferred. Just like you get the will from  

your passed away relatives. The order of the will is managed by the law of the country.

I'll give you an example of a Copyright logo. The "C" in the circle. This is the copyright page  

from Harry Potter. I've created a red box to show you how to protect your right on  

the literature. And next, Patent. I's all about  the protection of your invention and innovation.  

Let's imagine if you were Thomas Edison, an American inventor and a businessman, who created  

the first commercial light blob in this world. He  tried to use many incandescent materials to find  

the most functional one, the carbon filament.  By this discovery, Edison could file a patent  

for this invention because he found a new way  of technology, and no one never ever thought  

of this before. Here in this sense, patents  can protect and serve the right of using  

technology and innovation to the owner. No one  can duplicate this idea until the patent dues,  

so this is a brief idea of how patent works. Going to our context, in Thailand, we can divide patent into  

3 main categories. One, Invention Patent:  protects functional aspects of the innovation.  

Two, Petty Patent: invention with minor  improvement or simple invention. And three,  

Industrial Design: ornamental design only (non-functional). I'll explain innovation  

patent and petty patent only as they're more  directed to you in the technology-driven future.  

Let's get started from the invention patent first! In Thailand, invention patent owner  

may receive up to 20 years of protection, starting from the first filing date, so during this period  

the owner is the only one who can commercialize this innovation. You may wonder what will  

happen if the patent is over 20 years? The patent will be for the public use, so every company

and inventor can use this innovation in a  commercial way as well. This will not cause an  

illegal effect after, then what about petty patent?  As I mentioned, petty patent is the invention with  

minor improvement or simple invention, so you  may reproduce some products with a new function  

that improves the existing function. For example,  everyone knows how a cooking pot looks like.  

It has a flat button and you put the button  on fire. Years later, you have an innovative eyesight.  

You design the bottom to be a sharp curved-in bottom because you want to create space  

for heat to transfer to food more quickly. You  start to create a prototype and test it in the lab.  

You get a scientific proof that using this pot saves more time and energy. You can file this  

part as pretty patent because you improve a normal part to be more efficient. Now, talking about the  

protection, petty patent owner may receive up to 10 years of protection, but it'll work like this.

The first time you will get a 6 year protection. Then if you want to extend it, you can renew the paper  

for 2 years and 2 times, in total is 10 years  maximum. Now, we come to the last, Trade Secret.   

What is trade secret? It's the thing that you wouldn't tell anyone. 

Basically, it's a valuable information to increase  

competitive advantages, and you need to keep it  as secretly long as possible. What can be trade secret? 

It can be recipes, formulas, marketing plans, employee, list of company’s customers.

This thing can upper your competitiveness over the others.  

For this IP, you don't need to do registration with any governmental authority.

If you discover a new cooking recipe and your  customers are crazy for this, you can keep this  

recipe to you as tightly closed secret as you  can commercialize it. Days later, when you  

want to retire from cooking because cooking  is too tiring for you, you can sell this recipe  

to someone and that person and continue your business.   

Thank you so much for your intention. This is the end of unit 'intellectual property', and 'legal aspect'. See you next time!