ScTS FINALS

lab2 nko si Kristine

Intellectual Property (IP)

-          Is defined as the intangible creations of the human intellect or mind, such as inventions; literary and artistic works; and symbols, names, and images used in commerce that is expressed or translated into tangible forms and is assigned with specific rights to protect from theft, plagiarism, and unauthorized use.

Paris Convention (1883) and Berne Convention (1886)

-          It was in the __________________________________ that the importance of IP was recognized.

late 20^th century

-          It was not until the __________________ that IP become commonplace in the world’s legal system

Republic Act 8293

-          Commonly known as Intellectual Property Code of the Philippines

Intellectual Property Rights (IPR)

-          allow the creator of legal ownership, to earn recognition or any form of benefit from their creation

Intellectual Property Office of the Philippines

-          Commonly called IPOPHL

-          Is the government agency mandated to implement the law protecting intellectual property rights in the Philippines as provided for under R.A. 8293 (signed into law on June 6, 1997)

IPR

- is intangible and they can be exclusive and territorial but only for a limited period.

Exclusive IP

-          Means that the IP owner or the IP right holder enjoys exclusivity over the IP.

Territorial IP

-          Refers to the fact that IP is valid only in the country in which the rights are granted or recognized.

R.A. 9150

-          Known as “An Act providing for the Protection of Layout Designs (Topographies) of Integrated Circuits

R.A. 9168

-          Known as the “New Plant Varieties Protection Act”

Industrial Property

– as described by the World Intellectual Property Organization, this category covers patents, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names, and designations, geographical indications, and protection against unfair competition

Copyright and Related Rights

– covers literary works, films, music, artistic works, and architectural designs as described by WIPO

Industrial Property

-          As one of the major branches of IP, is described as a physical matter that is a conduct of an idea or concept for commercial purposes.

Patents

·         utility model

·    are the most used means for protecting inventions and creations which can be a product or a process that significantly provides a new way of doing something or offers a technical solution to a problem

·   The IP law in the country granted an exclusive right to the creators, inventors, applicants, or assignees for a limited period (usually 20 years from the date of filing)

Novelty or New

– the creation or invention shall be considered new if it does not form a part of the prior art

Inventiveness or Non-obviousness

– the invention is not obvious to a person skilled in the art in the light of the prior publication or knowledge or document

Usefulness Or Industrially Applicable

– the invention or creation must possess utility for a patent to be granted

Abstract

– can be found in the bibliography or the following page

Specifications

– background of the invention; the summary of the invention; a detailed description of the invention

Uniform structure

– the standardized format makes reading easier particularly to those who are new to patent

Well-organized information

– patent documents are classified in accordance with an internationally accepted classification system

Up-to-date information

– information on the latest technology

Wide fields of technology

– covers a wide range of technology

Find information sooners

– technology information is available to the public and policy gives incentives to people who file early and disclose detailed information.

Find high-value information

– patent application costs a lot of money and time.

Detailed Description

– information disclosure is sufficiently clear and complete

Find relevant information not found anywhere else

– many companies do not disclose their technologies in any other way than through patents.

Product

- such as a machine, a device, an article of manufacture, a composition of matter, a microorganism

Process

- such as a method of use, a method of manufacturing, a non-biological process, a microbiological process

Utility Model

– or sometimes refereed to as “patent-like” or “utility innovations” or “innovation patents” is a type of protection that also allows the creator or applicant to prevent others from commercially exploiting his/her UM without his authorization. UM is particularly suited for protecting inventions that make small improvements, and adaptations of, existing products or that have a short commercial life

Industrial Design

-          Is a type of protection for the visual appearance of the product

Integrated Circuits

– a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function

Layout-design

– a three-dimensional disposition, however, expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture

Trademarks

– protects a business’s brand identity in the marketplace.

Mark

– includes any word, name, symbol, device, or any combination

Geographical Indications

-          Is a sign being used to identify the origin of goods or products having special characteristics.

Undisclosed Information (Trade Secrets)

- Have no formal requirements for registration

Copyright

-          is an exclusive right granted to authors, writers, composers, and others of original works such as novels, poems, plays, drawings, paintings, photographs, and sculptures, however, it does not protect facts, ideas, systems, and/or method of operation.

Literary Works

– novels, poems, scientific articles, film scripts

Choreographic Works

– for ballet or dance

Artistic Work

– paintings, drawings sculpture, cartoons, maps, designs, photographs

Musical Works

– musical pieces with or without words

Cinematographic Works

– films, television shows, video games

Public Domain

-          Creative works that are not protected by any intellectual property rights.

Copyleft

-          The same as public domain but prohibits users from selling copies or even claiming proprietary rights of their modified versions.

Creative Commons

-          A set of licenses that extends the concept of copyleft to other creative works. Make the creative works available to the public free of charge and even without permission given that the users meet the conditions for a specific license

IP Infringement

-          Creations, protected by IP laws, that are exploited, copied, or otherwise used without having permission from the IP right owner

Counterfeit & Replica Products

– usually infringe the trademark and Industrial Design IP right through the creation of products that look identical to the IP protected products

Piracy

– infringe the Copyright IP right through reproduction, copying, and spreading protected materials such as software, ebooks, songs, or movies

Plagiarism

– most common infringement for copyrighted materials. It is the act of fraud by taking the original work or works another and presenting as your own

World Intellectual Property Organization (WIPO)

- monitors and leads the development of a balanced and effective IP system among countries and/or states that enables innovation and creativity for the benefit of all.

193 states

- ____________ out of 195 are members of WIPO

Trade-Related Aspects of Intellectual Property Rights

- TRIPS

Bioprospecting

-          The search for traditional/indigenous knowledge to be used for commercial purposes

Biopiracy

-          A practice of unauthorized use of traditional/indigenous knowledge for profit and with little or no compensation or recognition the indigenous people from where the knowledge originated

Doha Declaration 2001

-          This declaration ensures that the government may issue compulsory licenses on patents for medicines or take other steps to protect public health.

Patent Pooling

-          Specific example of safeguarding public health with the use of the IP system

Genetically Modified Organism (GMO)

-          Refers to any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology, GMO also refers to living modified organisms as defined by the Cartagena Protocol on Biosafety.

Biosafety

-          Is a condition in which the probability of harm, injury, any damage resulting from the intentional and unintentional introduction and for one of a regulated is within acceptable and manageable levels

Nanotechnology

-          By definition is a science, engineering, and technology conducted at the nanoscale (1 to 100 nm), where unique phenomena enable novel applications in a wide range of fields, from chemistry, physics, and biology, to medicine, engineering, and electronics.

first part of the 20^th century

-          It was only in the ________________ that the mechanism of genetic coding is finally cracked in 1965 and that the terms deoxyribonucleic acid (DNA) and ribonucleic acid (RNA) are formally named (remember Crick, Watson, Franklin, Wilkins)

Nobel Prize

-          This discovery of GMO earned them a ________________ in 1962.

Human Genome Project (HGP)

-          2003 marked the completion of the _____________________

Identification of the trait of interest

- The first step of genetic engineering or genetic modification involves the selection or identification of the gene of interest or the trait that you want to express in an organism

Insertion of the gene of interest into a new genome

- This step mainly involves the incorporation of the isolated gene of interest into a new organism. This is achieved through various methods such as the use of gene-gun. Agrobacterium tumefaciens, and plasmids.

Growing the GMO

- This step follows after successful insertion of the gene of interest and the genotype is constantly monitored by scientists or researchers upon growing to ensure they are propagating the ones that carry a certain trait. They are grown in climate-controlled growth chambers, greenhouses, and other controlled sites

Lycurgus Cup

- was recognized as the oldest synthetic nanomaterial after being studies by scientists in 1990.

1959

-          It was in ____ that the concept of nanotechnology and the first formal discussion took place

Richard Feynman

-          American physicist _________________ described the futurists potential of machines to construct smaller machines down to the molecular level.

Norio Taniguchi

-          In 1974, the term “nanotechnology” was first used and defined by a Japanese scientist ___________

Top-down approach

-          Involves the patterning of bulk materials either by subtractive or additive methods to obtain nano-sized structures.

Bottom-down approach

-          Involves manufacturing or fabricating nanostructure by building it from single atoms or molecules into the desired nanostructure.

GM Corn

- are made to resist pests and application of herbicides

BT Corn

- Developed for control against Asiatic corn borer. 

GM Rice

-          The GM crop is intended to address Vitamin A deficiency in the diet. It contains  beta-carotene that is converted into vitamin A essential for the body and that gives the rice its golden color.

PhilRice and IRRI

- have been committed to carrying out the completion of Golden Rice development of which field trials were completed in September October 2019 (IRRI, 2018).

GM Yellow summer squad

- A genetically modified squash grown only in the United States that is resistant to certain squash viruses

GM Soybean

- Produced for higher oil and protein content. 

GM Cotton

- Is pest resistant to the cotton bollworms which allows higher yield of cotton. 

GM Canola

- Varieties for edible oil production have been modified to be tolerant to specific herbicides under a defined crop management plan. Canola seed meal is also used as food for animals

GM Alfalfa

- Mainly for cattle feed and mostly for dairy cows. Is resistant to herbicides. 

GM Papaya

- Saved papaya farming in the Hawaiian Islands infected with ringspot virus that almost wiped out their production. This was made to resist the ringspot virus and was names Rainbow papaya.

GM Carnations

- Have been on the market since the mid-90s and claimed to be the first GM flowers in the world. It was genetically modified to have mauve, purple or violet-colored flowers

Blue Rose

- Are genetically modified with a gene the stimulates blue pigments in pansies

GM Zebrafish

- was developed by injecting genes for fluorescing proteins from jellyfish and sea anemone to eggs of zebrafish. 

The spider silk proteins in goats

- The transgenic production of silk proteins in mammary glands of some animals and secreted into milk has been investigated. A goat has been genetically modified to contain spider silk protein for possible silk production along with its milk

Carbon Nanotubes (CNTs)

- are cylindrical molecules that consist of hybridized carbon atoms in a hexagonal arrangement which may be formed by rolling up a single sheet

Fullerenes

- The buckminsterfullerene or “Buckyball” or as it is commonly called is the most famous of all fullerene type of chemical compounds with sixty carbon atoms that make up a soccer-ball-shaped molecule.

Nanowire

- Are very tiny wires on the nanometer scale. These tiny wires have a base made up of a semiconductor material such as silicon or germanium

Quantum Dots

- Are semiconductor crystals that luminescent or fluoresce different wavelengths of radiation.

Nanoshells

- Are another type of nanotechnology with a dielectric core of hollow silica covered with thin metals usually in silver or gold

Nanocantilever

- Resemble that of a tiny diving board which is only anchored only at one end made up of silicon.

Nanoparticles

- And/or nanomaterials are particles of high reactivity due to higher surface area for their size.

Liposomes

- are spherical vesicles formed with at least one phospholipid bilayer

Dendrimers

- Are more complex molecules that consist of three major structural components; core, branches, and end groups

Genetic Engineering Techniques

- This concern is conceived from the idea of recent studies on higher eukaryotic cells that have shown the interaction of genes and even proteins implying that gene traits work in the cell by inter-communication.

Health Risks

- Groups and individuals who are against genetically modified foods and crops always point out the possibility of risks to human and animal health. It is pointed out that animals fed by the crops have been harmed or even died.

GMOs and Human Rights

- The right of consumers to make an informed choice derived from the Universal Declaration of Human Rights along with other important human rights not included in this declaration; the right to adequate food and democratic participation are also considered to be relevant in the analysis of GMOs

Occupational Exposure

- This issue is more concerned with nanotechnology and the exposure of workers on the field to nanoparticles and nanomaterials.