Product Dev n Ip

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    Product developmentand intellectual

    property

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    Product Development is

    To develop new product.

    Tube TV -> Plasma TV.

    A single sim card mobile phone -> double

    sim card mobile phone.

    Sailing boat => steam engine boat.

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    Birth Matured Death

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    Longer time to invent

    Product Development

    duration

    Antibiotic 30 years

    Zip 30 years

    Instant coffee 22 years

    Ball pen 7 years

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    Lifecycle product

    1990s: Lifecycle product is 18-30 years.

    New millennium: Lifecycle product became

    6-18 years and nowdays, it even shorterespecially for the electronic products.

    A war between the producer and

    manufacturer; e.g. between Motorola,Nokia, Samsung & Blueberry for the mobilephone and between HP, Toshiba, Sony &Apple for the laptop.

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    1st phase: Producing ideas

    Further reading: Crawford (1994).

    Ideas could be from the customer, R&D

    department, competitor, worker orindustrial expo.

    Multi techniques could be used to

    produce creative and innovative ideassuch as brainstorming technique.

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    2nd phase: Filtering idea

    Avoid any unaccepted ideas.

    3 questions should be asked on three

    aspects:

    Benefit (target group/customer).

    Ability.

    Profit.

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    3rd phase: Testing and concept

    development Marketing and engineering development:

    Opinions from the users/customers.

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    Product is needed

    Designing new product

    The end of engineering

    process

    Marketing new product

    0 10 20 30 40 50 60 months

    Modified from Smith (1988)

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    Intellectual property

    Intellectual property can be defined assomething produced by the mind, of

    which the ownership or right to usemay be legally protected by copyright,

    patent, trademark, etc. Intellectual

    property includes industrial, litrary andartistic works.

    (Al-Hawamdeh & Hart, 2002)

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    Types of intellectual property

    Trade secret.

    Patent. Copyright.

    Trade mark.

    Industrial design.

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    People with ideas people who

    own ideashave more powerfulthan people who work machines

    and, in many cases more powerful

    than the people who ownmachines. (Howkins, 2002)

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    Malaysian IP protections

    (1) Akta Hakcipta 1987.

    (2) Akta Perihal Dagangan 1972.

    (3) Akta Cap Dagangan 1976. (4) Akta Paten 1983.

    (5) Akta Hakcipta 1987.

    (6) Akta Reka Bentuk Perindustrian 1996.

    (7) Akta Petunjuk Geografi 2000.

    (8) Akta Reka Bentuk Susun Atur LitarBersepadu 2000.

    (9) Akta Cakera Optik 2000.

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    World Intellectual PropertyOrganization (WIPO), Paris

    Convention1883, BerneConvention 1886, and agreementof Trade Related Aspects ofIntellectual Property Rights(TRIPs) 1994.

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    Purposes

    Reward for the author

    Stimulate artistic & scientific creativity

    http://home.vicnet.net.au/~einstein/images/press.jpg
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    Copyright

    Ideas are not protected by copyright.

    Duration: 50 years after death and then

    become public domain.

    (Some notes are referred to the handouts by

    Professor Beth Simone Noveck).

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    Things can be copyrighted

    literary works

    musical works, including any accompanying words

    dramatic works, including any accompanying music

    pantomimes and choreographic works

    pictorial, graphic, and sculptural works

    motion pictures and other audiovisual works; sound recordings; and

    architectural works

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    http://images.google.com/imgres?imgurl=www.italienischkurs.ch/Teile_allgemein/pantomime.jpg&imgrefurl=http://www.italienischkurs.ch/Leistungen.html&h=289&w=198&prev=/images%3Fq%3Dpantomime%26svnum%3D10%26hl%3Den%26lr%3D%26ie%3DUTF-8%26oe%3DUTF-8http://images.google.com/imgres?imgurl=membres.lycos.fr/jbvoinet/college/hey%20jude.gif&imgrefurl=http://membres.lycos.fr/jbvoinet/liste.htm&h=1650&w=1275&prev=/images%3Fq%3Dhey%2Bjude%26svnum%3D10%26hl%3Den%26lr%3D%26ie%3DUTF-8%26oe%3DUTF-8
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    Exclusive Rights of Copyright

    Owners Reproduce the work. A book could be;

    Braille, animation script, film script, e-

    book, condensed book etc. Prepare derivative works

    Distribute copies or phono-records

    Perform the work Display the work publicly

    Transmit sound recording digitally

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    Display

    To "display" a work means to show a

    copy of it, either directly or by means

    of a film, slide, television image, or

    any other device or process or, in the

    case of a motion picture or other

    audiovisual work, to show individual

    images nonsequentially.

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    Sony v. Universal City

    Question: Does the sale of video tape recorders (VTRs) to

    the public violate the Copyright Act?

    Can a theory of liability be made out for those who sell

    circumvention devices?

    Why hold manufacturers liable? Why not sue the

    broadcasters? Why not sue the infringing consumers?

    What does Sony argue in its defense?

    http://images.google.com/imgres?imgurl=www.80snostalgia.com/memories/betamax.gif&imgrefurl=http://www.80snostalgia.com/memories/betamax.html&h=163&w=250&prev=/images%3Fq%3Dbetamax%26svnum%3D10%26hl%3Den%26lr%3D%26ie%3DUTF-8%26oe%3DUTF-8
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    Sony, contd.

    Court borrows from patent law to create a standard for

    copyright

    Standard must balance protection of owner and freedom

    of others to engage in substantially unrelated areas of

    commerce

    No contributory infringement if

    Product widely used for legitimate, unobjectionable purposes

    Device capable of substantial non-infringing uses

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    Sonys Defense

    Substantial Numbers of Copyright HoldersWould Consent

    Time-Shifting is aNon-Commercial Use

    Of Material Broadcast Free to Air

    Private Activity In the Home

    Serves the Public Interest of Increasing Accessto TV Programming

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    Patent

    Novelty in product, process or equipment to

    produce the product.

    Duration: 15 years.

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    Could not be patented

    (1) Flora.

    (2) Fauna.

    (3) New method in cure the human.

    (4) New purpose.

    (5) Anything that could be easily bought

    from the market.

    (6) Simple modification on any invention..

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    Paper clip was patented by Norwegian, JohanVaaler in Germany, 1899.

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    Thomas Alva Edison (d. 1931)

    389 patents on lamp and

    electrical power, 195 onphonograph, 150 on

    telegraph, 141 on battery and34 on telephone.

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    Hassan Kamel Al-Sabbah (d.

    1935) 32 patents on solar energy, 4patents on TV and cathode ray

    tube, 6 patents on power station, 3patents on pressure andtemperature equipments and 1

    patent on condensed electricalimage.

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    US Patent Office declared

    that 97% of the registeredpatents never contribute the

    profit to its owner!(DeMatteis, 2005)

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    Business Week (1996): What is

    the most important invention? 60 %: Car.

    54 %: Lamp.

    42 %: Telephone.

    22 %: TV.

    19 %: Aspirin.

    13 %: Microwave.

    7.6 %: Computer.