AJ Candelaria LMGPROT K32 Notes 5/9122 IP is a tool. It is only a means to an end, ‘A sword and a shield, NPEs -Non-performing entities. -Buy patents without using, and scout for individuals that use their IP so that they can send a cease-and-desist letter and charge them a sum of money. Case digest (bonus points) -Alll cases discussed, handwritten in yellow pad. 1* reading assignment: read sections 1-27 R.A. 8293 -Intellectual Property Code of the Philippines 8/9/22 First Lecture. fodule 1: Nature of Intellectual Property Intellectual Property Any product of the human mind. Intellectual, Intangible, not yet owned. - An incentive to create; protects inventors from misuse of IP. - Law is only a small facet; a significant part of it involves creation, fair use, artistry, etc, + IP serves as a valuable asset for commerce; intangible goods, goodwill, etal - Patents are effective upon filing. Pending patents do not protect IP, ~ Since the industrial revolution, the nature of the global economy has shifted from real property to intellectual property. The primary asset in the technological revolution, now, are ideas. - IP is formulated to balance the interest of creators and the public; exclusivity and disclosure are considered to deduce the effective time that IP is protected from public use, ~ _ Off-patent; the cost of filing for use of IP is lowered. jodule 2: What is Intellectual Property IP is divided into two. -Industrial property (Inventions, trademarks, industrial designs, geographic indications;) -Copyright (literary, artistic works; designs.) Patenting is a business decision. Why? - Patenting costs money (annual costs for maintenance, if not paid you wi lose the patent.) + Trade-off; should we — maintain patents? The variable for deciding is whether itis still profitable. 4 patent exists (and thus imposed) in country A but not in country B, country B is free to utilize the IP. Thus, you must patent in countries you do business in,AJ Candelaria LMGPROT K32 Notes Why is there an IP system? ~ Sec. 13, Art. 14, 1987 constitution - RA. 8293, Section 2 Patents are not guaranteed to be granted in every country based on sovereignty Principles. Countries can grant or deny Patents. All signatories to the different treaties, Paris convention, should exercise the duty to impose similar trademark, copyright policies — uniformity in standards. 12922 Second Lecture Amendment of the IP Code. Bureau of Copyright IP is a global phenomenon, One of few legal disciplines that relies on international treaties and agreements. Later 1800s 1. Paris Convention ~ Industrial property - Patents - Utility models - Inventions 2, Berne Convention = Copyright - Artistic and Literary works CONGRESS CANNOT repeal IP code, copyright, because it is constitutional. SECTION 2; IP has a social function — distribute knowledge to its citizens, for the benefit of the common good. Trademarks are more for private rights; no one can use it without permission from the owner Common good and patents; once inspired, it becomes part of the public domain Common good and public domain: Anyone can use it, Liberalization of registering IP. Normally it’s ‘a tedious process to register. SECTION 3: Assignatories to a treaty (TRIPS, Paris agreement, etc.) that the Philippines is a part of, and those countries that recognize and authorize Philippine Patents shall be entitled to benefits of Philippine IP law. RECIPROCITY. The benefits of a PH citizen is granted to the aforementioned partner. SECTION 232 (2015 edition): If a Filipino is imposed any restrictions, limitations in a foreign country shall also be applied to their foreign citizens residing in the Philippines. REVERSE RECIPROCITY. RA. 10372 (2013): Amendments to RA 8273 Director General now possesses. visitorial powers towards establishments that violate IP law. Policing power. This takes out dueAJ Candelaria LMGPROT K32 Notes Process (we can violate rights for the benefit of the common good.) Copyright is protected UPON CREATION. - Non-formality rule. There is no formal need to register copyrighted IP. Good practice is to register it to have proof that you were the original creator. ~ Rights are created upon creation. ~ Expression of an idea is tied to the creator, for as long as these ideas are original, and originating ~ People are incentivized to register their copyright to monetize their creations. ~ Because of the influx in registration, the Bureau of Copyright. = Copyright Management Organizations (PHILSCA). Patent -Technical solution to a problem. -Assumption: there is a problem to be solved, and your patent is the solution. It must be technical, possessing a scientific backing. -Constraint: must be a human-made solution, Elements of Patentability (Which of the three is most important, that without it all other elements are non-existing?) + Novelty - SOMETHING NEW. + Inventive step + Must NOT be obvious. = Industrial applicability ~ Can it be mass-produced, rolled-out, distributed, reasonably manufacturable in a host of differing areas. -Reciprocity -Reverse-Reciprocity Types of technology 1. Disruptive - Game-changing system/invention/solution that disrupts the status quo, Incremental - Minor improvementvchanges to existing technologies. 29/09/22 Section 28, Right to a patent — inventors, heirs, assigns. If there are more than two inventors, the right shall belong to them jointly. Labor theory in justifying ownership — if there are no provisions regarding the equitable distribution of ownership for the patent, then Section 28 will preva The idea, solution, is the object that must be considered for ownership. The intangible idea is protected by IP law, not the actual Product that was created based on the idea. Prototype ~ physical manifestation of an idea. A prototype IS NOT required to file a patent.AJ Candelaria LMGPROT K32 Notes Section 29. First to file — Whoever filed first has the right to claim ownership. Earliest filing date, priority date. Regarding inventors that created the same product. Priority date ~ a filing in any jurisdiction that you claim. The priority date is the first date of filing of a patent application, It is essential for determining whether any subsequent application for the same invention can still be assessed as novel. It also makes it possible to determine whether the subject-matter of a Patent application is prior art on a particular date. Must be filed within 12 months of filing Example. Jan 1, Hong Kong. Feb. 1, ‘Thailand. March, 1, Philippines. Respective of the country. Earliest priority date, HK. Priority dates are specific to the respective jurisdictions. Novel at first filing, or available and first to at priority date, Section 30. Provisions for who owns the Patent. Those who contribute, employees, ete. Payment of salary, regularity of work, employer-employee relationship. If an employee constructs the invention during their time working for their employer, despite using the employer's resources, they would still own the invention/rights to the patents as long as that invention or act is not part of their regular duties. Section 31. Right of priority — Patent Applic ion Comprising vs. Consisting Compris not mentioned, there may be more elements Consisting — these are the only elements included, Requirements for patent + Unity of invention + Industrial appli + Inventive step - Novelty ~ Clear and concise cl - Must not include any of the provisions included in non- patentability FOR 10/06/22 Sections 61-84 cancellation of patents remedies infringement ‘doctrine of equivalents” Upon receiving a patent application, Gov't must guarantee that there is novelty.AJ Candelaria LMGPROT K32 Notes 10/10/22 (Godines case) When the there is a litigation, the court will look at the claims Secondary evidence provides additional context to the claims TRADEMARK - any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise from that of another and shall include a stamped or marked container of goods; visible — word mark, pictures, symbols, slogans, Other countries — registerable smell, sound marks -Used to promote products, increase sales, customer loyalty, franchising (marketing, goodwill, reputation) ‘ONLY VISIBLE SIGNS can be trademarked in the PH. -Gives the company exclusive right to prevent others from using identical or similar marks. -Might be licensed to other countries; ba franchising agreement. -Brings a stream of income separat company’s original function All other trademarks, except for a well- known mark, requires registering for patents. SECTION 121-125 Functions of the Trademarks - It allows customers/ consumers to identify and differentiate a product (whether goods or service) from its competitors. aka Identification and_——_—Diifferentiation ~ It plays a significant role in the marketing, branding, and brand awareness of companies. by contributing to the image, reputation, goodwill and identity of the company's product/service to customers, -It_ provides incentives for companies to maitain and improve the quality of their products or services as their trademarks had a positive reputation = Itgives the right holder the exclusive rights to use and exploit the mark as well as prevent others to use ‘Trademark characteristics -Must be distinctive Distinctive mark: strong Descriptive mark: weak Fanciful names have a problem of addressing what it provides to new customers, but once its function is already known, it will have a benefit due to its name. -Must be novel (entails availability, must not have been registered before.) Important to do a trademark searchAJ Candelaria LMGPROT K32 Notes “Must NOT be deceptive/misleading, descriptive, general, or contrary to public order/morality (Section 123, IPCP). ‘Trademar\ fringement -Will there be likelihood of confusion for Parody brands and actual brands? Case of unfair competition on riding the success of the parent brand. Quiz 2. October 24. On Trademarks. 10/22 Registrability of trademarks (Becomes less and less registrable.) 1. Fanciful 2. Arbitrary 3. Suggestive (Suggests the nature of the product) 4. Descriptive (Cannot be registered) 5. Generic Absolute grounds Generic (Obvious word) Customary to trade (Similar to generic terms, already used in the conduct of the product/service) 3. Descriptive 4. Deceptive (Misteads the public about the ingredients used in the product, the origin of the product, the trademark presents itself as one Product but is actually something else.) 5. Against public policy (Promotes violence, terrorism, invokes hatred against groups of people.) 6. Already registered 7. Others’ Service mark ~ if the product is a service Well-known mark ~a very popular mark in the international arena that does not need to be registered locally. But itis still encouraged for owners to register to avoid any issues if ever the market in a specific country does not recognize their mark, Secondary meaning ~ So distinctive that it’ might get a secondary meaning. Generic names for brands, marks can gain a secondary meaning, and can thus be registered. Different meaning in the marker, Collective mark — Shows that you are a member of a group/organization, Certification mark - Shows that you have complied to and passed certain standards. Word marks ~ “Never shall we fail.” Figurative marks — logos. ‘Three-dimensional marks — Paci ult, coca cola bottlesAJ Candelaria LMGPROT K32 Notes Sound marks — Not registrable in the Philippines. Melodies, distinct, recognizable effect. Scent marks — non-traditional _ marks. ‘Smelled. Not registrable in the Philippines. Color marks — Not under grounds for registration but is included under current registrable marks, Required to pay additional. Nice ation ~ There are classes of goods; if your class is far from that of a senior mark, then it is clear to be approved. If it is found within the same class, then it would be denied. Trademarks Colectwa Marks Exception to first-to-file rule: 1. Bad faith 2. Prior use in good faith ‘Trademark infringement Owner of the mark is able to restrict others from using their mark, - Based in likelihood of confusion. incy test” Holistic test” ~ Looking at the entire mark, THE PH EMPLOYS BOTH TESTS, BUT THE SC ALSO MAKES A MISTAKE ON WHICH OF THE TWO SHOULD BE EMPLOYED. 20/10/22 INDUSTRIAL DESIGN -Omamental or aesthetic aspect of an article -Assures the owner of an exclusive right against unauthorized copying or imitation of the design by third parties. -Terms of protectios for same duration, 5 yrs, extendable twice US PATENT = DESIGN PATENT PH PATENT = INDUSTRIAL DESIGN PATENT. Protects the design, not the technology. The visual, wearable aspect. Designs protect the appearance or form of a product. An industrial design is an aesthetic aspect of an article, in the sense that it may be 3d or 2d. From jewelry, tech, appliances, vehicles, there a different types of industrial goods. -Optimize function, value, appearance for the benefit of the consumer and manufacturer.AJ Candelaria LMGPROT K32 Notes 24/10/22 Copyright RELEVANT LAWS TO IP AND E- COMMERCE + Statute of Anne + Intellectual creation ~ Ant 721.CC - Ant. 722 ~ Art 723 (Letters are owned by the person to whom they are addressed.) - E-commerce act (RA 9003) > Act3134 = COPYRIGHTS ARE ESSENTIALLY ECONOMIC RIGHTS. To copy, sell. - MORAL RIGHT: right to be identified or not in the presentation of your work, ~ Kant: Separate economic right and moral right. IP IS NOT LIMITED TO THE IPCP, IT CAN ALSO BE FOUND IN THE CIVIL CODE (CC), Statutory right (without a law, It (IP) is not protected.) ~idea-expression dichotomy (IN COPYRIGHT IP, THE IDEA IS NOT PROTECTED, BUT ONLY THE EXPRESSION OF THE IDEA (opposite of patents) No-formability rule (You do not need to register copyright. Protection is automatic. Basis: Berne Convention) -expression or ity (Novelty in copyright is originality. It need not be new. “Everything under the sun has been seen.”) WHEN HE OR SHE MAKES A PAINTING, SCUPLTURE HE CONTRIBUTES A PART OF HIMSELF IN THE ARTWORK — extension theory, Kant. E. 27/10/22 Copyright, continued, Copyright - Legal protection extended to the ‘owner of the work that they have created (WIPO). Bundle of rights over a creator's work. Is it possible to have similar works independently done by different creators? Yes. Conditions: not a requirement for copyright. Protection is guaranteed under the sole fact of creation imespective of the mode, form, content, quality, and purpose. Losi1/22AJ Candelaria LMGPROT K32 Notes November 14, 2022 - Quiz 3, TOPIC ON COPYRIGHT. COPYRIGHT IS A STATUTORY RIGHT, Includes both economic (rights out of the financial, commercial aspect of the work once distributed) and moral (attached to the author to be known as the maker 0 to be anonymous) rights. Economic rights may be assigned or transferred, but Moral rights cannot be waived or assigned. Original works Derivative works (Has a copyright of its own) - Compilation works (You need the author's permission to compile the works.) Denicola Test - if you can separate the aesthetic aspect from the functional aspect. EXCEPTIONS TO THE RULE OF COPYRIGHT. WORKS THAT ARE NOT. PROTECTED. Who owns the copyright? -Literary and artistic works: Author (Default under copyright law.) Transferrable to heirs, publishers as it is an economic right. -Joint-ownership: Co-authors (If the works of each of the authors are distinguishable from the other then they own each of their contribution. Ifthe — works are indistinguishable then the authors will enjoy coownership.) -Work not part of regular duties: Employee Determining employee-employer relationship to determine copyright ownership. Four-fold test. Most important? RIGHT OF CONTROL. If employee performs regular duties, then employer owns the copyright. Audiovisual works: director, etc. (EACH OF OWN THEIR SEPARATE ASPECTS OF COPYRIGHT. If hired to contribute to a Project, they waive the right to claim copyright of the project and are provided a ‘monetary sum — salaries ~ to compensate for the waived right.) -Letters: Writer (see. 178, IP Code.) -Ownership is also determined by the IP Policies of the institution, IIL Related rights of copyright. -Not copyright per se, but give life to the materialAJ Candelaria LMGPROT K32 Notes -(Related) Rights of performers (actors, singers, interpreters.) (eg. Prohibit video- tapi If song lyrics are protected by copyright, the of the song has related rights of copyright as a person that has covered the aforementioned song and lyrics. Recording performances and uploading it for Public consumption without permission from the performers is bootlegging. Piracy -Rights of phonograms (eg. CD copies.) PUBLIC EXHIBITION OF A WORK WITHOUT PERMISSION. 1722 Fair use -Purpose: CRITICISM, COMMENT, NEWS REPORTING, TEACHING INCLUDING MULTIPLE COPIES FOR CLASSROOM USE, SCHOLARSHIP, RESEARCH, AND SIMILAR PURPOSES (SEC, 185.1, IP COADE) (Not an infringement of copyright) 4-FACTOR TEST Standard) (PNAE) Global (MERELY INDICATORS; If you pass one test but fail another, then the more tests you Pass, the likelier your case will be considered fair use.) WHICH OF THE FOUR IS MORE IMPORTANT? Could be the economic effect (21722) -Purpose and Character of Use -Nature of Copyrighted Work -Amount and Substantiality -Effect upon potential market/value (Sec. 185.1, IPCP) Fair use is one of the defenses to copyright. When you use codes for interoperability (e, 10S cannot operate with Microsoft. Making a decompilation of the code to make IOS compatible with Microsoft products, indirectly copying the code of both companies, such reproduction of computer Programs to achieve interoperability is PROTECTED BY FAIR USE.) We want interoperability to be able to use each other's programs. Limitations of copyright Section 184, IP Code -Recitation/performance of a work if done privately and free ofAJ Candelaria LMGPROT K32 Notes no admission charge/charitable/religioy fees; -Quotations compatible with fair use: -Recording of broadcasting institutions: Judicial proceedings, legal advice; Public display of original copy of film provided the work has been published; -Done privately, non-commercial, and with proper citation of the author. 20/11/22 What is the use of protecting the IP if itis just archived? It is not beneficial to society. IP must reach the common people (technology transfer.) Fair use - Delicate middle ground (Role of government: balancing the rights of the author and the rights to fair use by the public.) - RA. 103721, IP Code, Sec. 185) INCLUDING LIMITED COPIES for classroom use, scholarship, or similar purposes. Arguments made by those that do not believe in copyright - Ideas should be free so that anybody can benefit from the expression of ideas, Argument? Expression of ideas requires creativity and hard work. Such sacrifice must be compensated by protection and economic Privileges. For some people, their work is their sole source of income. In the case of parody. Parody, most of the time, is fair use. You cannot parody without copying the essence of the material. Citing can free you from plagiarism, but IT DOES NOT PROTECT YOU FROM COPYRIGHT INFRINGEMENT, Limitations on rights of performers (Sec. 212, IPcP). -Use by a natural person exclusively for personal purposes; Cam published work be reproduced? Yes, if the reproduction is a single copy and must be used by a natural person for research and private study... EXCEPT: - Architectural works constructions.) - ANENTIRE BOOK, or a substantial Part thereof, or a musical work in graphic form by reprographic means, - A compilation of data and other materials - A computer program except as provided in Sec. 189, and (buildings, Why are computer programs protected by copyright and not patents? Software is protected by copyright (according to the TRIPS agreement.) From WIPO: Computer programs are written in codes and therefore are expressions of ideas, Moreover, inventions in software areAJ Candelaria LMGPROT K32 Notes far and between, and improvement are jeremental, and if these are incremental then it cannot pass inventive step. (Unti-unti yung progress.) If the software is combined with a device then the sofiware can be part of the patent application of the device, if it is used to run the device. Bere convention: Software should be protected by copyright. Can a Library make Reproduction of Works? Yes, to some degree. If the library is a non- profit and makes only makes a single copy (AMENDED INTO LIMITED COMPIES) under the following instances: ~ Work cannot be lent due to fragility ~ Isolated articles in composite works for expediency for research and study + Preservation and replacement (lost or destroyed) and not available from the Publisher, or is out-of-stock (Sec. 189,) Can a computer program be reproduced? Yes, but only one backup which is necessary for its use r for archival purposes (Sec. 189, IP Code.) - Digital Rights Management (DRM) to protect. ~— works. from infringement.Breaking this is already fringement. Copyright Infringment Unauthorized use of copyrighted rial inder part IV of the IPCP. Copying, counterfeiting, forgery, bootlegging.) - Aiding or abetting such infringement. = Possession, for the purpose of: - selling, letting for hire distributing for purpose of trade, exhibit (Sec. 217.3) (POSSESSION BY ITSELF IS NOT GROUNDS FOR INFRINGEMENT.) Piracy: Optical Media Act (illegal reproduction, sale, etc. od optical media.) : Telecomms. IP can be Trading with Digital media w used as ammunitic competitors. Does copyright extend to the intemet? Yes by virtue of treaties entered into by member states (Beme Convention, Rome Convention, TRIPS, WIPO Copyright Treaty, WIPO Performances. and Phonograms. Treaty.) If the copyright crime is committed in the internet, where should the crime be files since it’s international? Jurisdiction: where it was manufactured, accessed, where the infringement was committed. Right now, there is no answer. Kinds of infringement;AJ Candelaria LMGPROT K32 Notes Direct (downloading from the internet) 2. Indirect (Vicarious liability, eg. Club Band) 3. Contributory (instigating or aiding) “Parents responsible for their children's infringement.” “Drivers are liable for the vehides that they drive.” Plagiarism is an ethical/moral concept (it is morally wrong.) Copyright is a legal concept (tied to it being a statutory right.) Plagiarism is not a crime. Consequences of plagiarism is administrative (dismissal, stake in reputation, suspension, etc.) “Basis for credibility, career. Sometimes more important than money.” Good faith is a defense that does not necessarily hold because you ought to know the source of the information you were liable against. In ethics: KNOWLEDGE YOU CAN OVERCOME. You can commit plagiarism and copyright infringement within a single act. Remedies against Infringement = Injunction - Damages ~ Impounding of sales invoices, et - Destruction of infringing materials Seizure and impounding of evidence in infringement > Criminal action 11/28/22 2™' Case Report topic: Rogers vs. Koons (Grp. 9) Other works: Fair use? -Compilation (RA 10372) -Parody (Campbell vs Acuff-Rose Music, Inc.; Vanilla Ice vs Queen) -Mash-up (Almost always. infringement, unless permission is explicitly obtained.) -Painting to sculpture? (Rogers vs Koons) -Similar Tunes (Vanilla Ice vs Queen/David Bowie) -Mobile (Software applications/source code are protected by copyright. Interoperability is the exception.) (Habana v. Robles, 1999) If so much is taken that the value of the original is sensibly diminished or the labors of the author ace Substantially appropriated by another, then there is infringement.AJ Candelaria LMGPROT K32 Notes Copyright certificates are not conclusive proof of ownership but mere notice of recording -Performance for profit (Philsca) (Pearl Dean vs. Shoe Mart) Copyright in Commercial Advertisements apply only in the content of the light boxes.) -Fair use: downloading photos for classroom assignment? Yes, in most cases. -Bought original licensed software and made backup copies?Yes, but only one copy and use the original copy. -Take a picture of a painting and sell it as my work? Yes, it violates the economic effect ~ 4 fold test. If you opload it onli media -Playing music in a store to attract customers? Not fair use. Can a professor show a film in class from the library's DVD copy? It depends on the amount shown from the film, Singing a Happy Birthday at a part 184, IPCP, protection.) Amendments to the IPCP (2012) -Creation of the Bureau of Copyrght (Sec. 6) -Expanded powers of the Director General (police powers, Sec. 7) -Definitions: Communication to the public” “reproduction” -Additional limitation on copyright for the blind (Sec. 184) -Accreditation of Copyright Management Offices (Philsca) -Fair Use definition (limited v. multiple, Sec. 185. Giving copies to some students is Protected, but giving to alll violates the concept of a limit.) -Reproduction by libraries (Changed from one to limited, Sec. 188) -Importation and exportation of infringing materials (sec. 190.3) (removed 190.1 and 190.2) -MORAL RIGHTS (s cannot be waived.) 198; moral rights Concept of secondary technological measure infringement; More damages in violation of technological measures and ERM -Disclosure of information to copyright -Requirement of IP policy for schools and universities Ifyou want to use the IP of others. -Check if protexted -Check if itis under fair use ~Check who the owner is and ask for permission. -Option: Just link the material If someone uses your work without permission... -Write a warning letterAJ Candelaria LMGPROT K32 Notes -Contact the website host -Give option to license Other copyright concerns... Copyleft -Digitization of Libraries Copyright tips... “Use works in public domain (government works, news of the day, ‘common knowledge.) -Use licensed works (Creative Commons, liberal application of IP rights) -Upload only works you made or authorized to use. Don’t upload the works of others, especially ‘commercial rights are on the line. -Conservative application of Fair Use (Make sure, even if not guaranteed, that you pass all four.) -When in doubt, for permission. 5/12/22 ‘The Ecosystem of Technology Transfer and the Helix Model of Innovation Recap of first few lessons in LMGPROT Evolution of Economics Agrarian > Industrial > Technological “grow” > “make” > “invent” Real Property > Intellectual Property Part of IP management; “How do we transfer the things that we do in the laboratory to the market?” Two Missions of DLSU 1. Teaching (Transmission of existing knowledge.) Not merely contented with teaching existing knowledge: we also want to contribute to the breadth of existing knowledge. Third mission? To create knowledge that enhances the quality of life and spur economic development. Turing research into products and services for business and Value Proposition For Apple, its QUALITY. Students go to DLSU, despite the tuition, for the good education, Customer segment: Who derives value the most from our services, products? Target markets,AJ Candelaria LMGPROT K32 Notes “Valley of death” principle It's easy to get funding for research but it’s Way more difficult to get investors to develop and commercialize the research. (DLSU DITO, ) “IP-based technology transfer is central to a university's mission and a major asset for national/regional economic development.” “The Bayh-Dole regime and associated university practices have not seriously undercut traditional avenues of transfer NOR interfered directly with research and knowledge generation for its own sake.” RA 10055 Tech Transfer Act (PH version of Bayh-Dole Act) Ownership, management, use of Intellectual Property research funded by Government. IP Strategy — balancing patenting, Publication, research funding, conflict of interest, public goods, etc. to guide inventions into becoming commercialization. Tech Transfer Lifecycle R&D Invention Evaluation IP Protection Marketing Licensing Product Development Public use SAD VeYPH WHAT IS TECH TRANSFER? -Variety of academic activities moved into the public sector. -Transition of activities in one industry for the benefit of another. -Formal licensing of tech and IP to third parties -Process of protecting inventions and finding the right licensing partner. Why do universities engage in tech transger? -Complements the first and second missions (DLSU). The third mission, It is not taboo for universities and their faculty to enter business. Entrepreneurial university “Sometimes the commercial route is the best way to deliver benefits from university research results.” (Hockaday, T.) “University technology transfer isa commercial activity with benefits that go well beyond the opportunity to make money.” (Hockaday, T.) Invention vs Innovation (Innovation applies the invention into the market.) Tech Transfer office determines the applicability of IP for inventions. Then, the technology will be open to selling forAJ Candelaria LMGPROT K32 Notes licensing. Afterwards, offshoot companies will then develop the companies. Goal? To be sold by bigtime investors. Research Support helps obtain funding, while TTO helps commercialize the invention; UNIVERSITY will then OWN the results. Royalties, T or F. Research team should be included in the startup. TRUE, Tor the Inventor is the best person to become EO for the business. FALSE. Triple Helix (TTOs)