PACE MIDTERMS (MODULE 4)

Patent

an exclusive right granted by the government for an invention that is new, involves an inventive step and is capable of industrial application.

Utility Model

• is any technical solution to a problem in any field of human activity which is new and industrially applicable. It may or may not have an inventive step.

• It is relatively inexpensive, faster to obtain, and with less stringent patentability requirements.

• requirement: protects the functional aspects of an innovation, like a new way to construct a sleeve or a technical fabric

how do businesses benefit from patents

• exclusive rights and competitive edge

• enhanced brand value and reputation

• potential for licensing and revenue generation

• innovation and economic growth

• stronger enforcement mechanism

advantages of patents

• Secure strong market position built on a technological competitive advantage

• Creates an opportunity for additional income (e.g., via licensing)

• Bargaining power

• Acquiring finance

• Improve company image

Disadvantages of patents

• Reveals invention to competitors when published

• Can be expensive and complicated to obtain

• Can take a long time to grant

• Only enforceable upon grant

• Legal enforcement / proceedings can be costly

• Not all knowledge is patentable

examples of patents in fashion

• hookless fastener

• hook & loop fastener

• airism

• heattech

20 years from date of filing non-renewable

terms of protection of patents

examples of utility models

• novel fabric treatment

• innovative lacing or closure systems

• improved seam designs

• new garment construction method

• functional features of clothing

why utility models are useful in fashion

• fast & cost effective

• protection for functional innovations

• early market protection

• strategic protection

7 years from date of filing non-renewable

utility model

industrial design

• It is the ornamental or aesthetic aspect of an article/item. Design, in this sense may be three-dimensonal features (shape or surface of an article), or two-dimensional features (patterns or lines of color)

• requirement: protects the visual appearance of an article, like its shape, configuration, pattern, and ornamentation

trade secrets

These are confidential business information that gives a business a competitive edge.

disclosure

Unlike patents, trade secrets do not require public disclosure

confidential

Trade secret protection can last indefinitely, as long as the information remains

examples of trade secrets

• unique design processes

• manufacturing techniques

• supplier lists

• specific color combinations

• fabric treatments

ART 292 Revelation of Industrial Secrets

The code applies to a person in charge, employee, or workman of a manufacturing or industrial establishment. The disclosed information relates to the manufacturing process, specific or limited to their factories. Imprisonment and fines are imposed accordingly.