Risk Management - Legal IP Issues Copyright Patent Trademark and Business Contract

Republic of the Philippines
CAPIZ STATE UNIVERSITY

Fuentes Drive, Roxas City, Capiz, Philippines
Tel. No. (036) 6214-578 fax No. (036) 6214-578
website: www.capsu.eduph email address: roxas@capsu.edu.ph
GROUP 6 MEMBERS:
Arroyo, Mark Bryan A.
Blanco Liezel B.
BSCE 3D
Risk Management
What is Risk Management?
 Risk is an uncertain event that may have a positive or negative impact on the
project.
 Risk Management is the process of identifying and migrating risk.
Why is it important?
 Risk affects all aspects of your project - your budget, your schedule, your scope,
the agreed level of quality, and so on
 Increase probability of positive event.
 Reduce the occurrence of negative event.
What does it include?

 Risk Management Planning
 Risk Identification
 Qualitative Risk Analysis
 Quantitative Risk Analysis
 Risk Response Planning
 Risk Monitoring and Control
How is it done in project?

 Make Risk Management Part of Your Project
 Identify Risks Early in Your Project Communicate About Risks
 Consider Both Threats and Opportunities
 Clarify Ownership Issues
 Prioritize Risks
 Analyze Risks
 Plan and Implement Risk Responses
 Register Project Risks
 Track Risks and Associated Tasks
Risk in Project Management

 Plan Risk Management
 Identify Risk
 Qualitative Risk Analysis
 Quantitative Risk Analysis
 Plan Risk Response
 Monitor and Control Risk
Plan Risk Management

 Analysis and decision making to implement risk management.
 Appropriate to size and complexity of the project.
Accredited: Accrediting Agency of Chartered Colleges and Universities of the Philippines (AACCUP)
Member: Philippine Association of State Universities and Colleges (PASUC)
Agricultural Colleges Association of the Philippines (ACAP)
Tel. No. (036) 6214-578 fax No. (036) 6214-578
 Stakeholders will be involved in planning risk management.
Risk Management Plan

 Schedule Risk
 Cost Risk
 Quality Risk
 Scope Risk
 Resource Risk
 Customer Satisfaction Risk
Identify Risk
 Which risk has more probability of affecting the project?
 SWOT Analysis
 Information gathering
 Check-list Analysis
 Assumption Analysis
Qualitative Risk Analysis

 Assess impact and likelihood of the identified risk.
 Probability and Impact Matrix.
 Risk categorization.
 Risk urgency assessment.
Quantitative Risk Analysis

 Data gathering
- Direct
- Diagrammatic
- Delphi
 Probability distribution
 Modeling Techniques
- Decision tree Analysis -Sensitivity Analysis

- Expert Judgment
Plan Risk Response
 Eliminate threats before they happen.
 Decrease impact of threat.
 Contingency plan (Do something if risk happens)
 Fallback plan (Do something if contingency plans are not effective)
 Negative risk or threat
- Avoid
- Transfer
- Mitigate
Tel. No. (036) 6214-578 fax No. (036) 6214-578
- Accept
 Positive risk or opportunity
- Exploit
- Share
- Enhance
Monitor and Control Risk
 Risk Reassessment (Scheduled regularly to identify new risk)
 Risk Audit (Examine the effectiveness of planned risk response)
 Trend analysis (Monitor overall project performance)
What are the benefits?

 Effective use of resources
 Promoting continuous improvement
 Fewer shocks and failures
 Strategic business planning
 Raised awareness of significant risks.
 Quick grasp of new opportunities
 Enhancing communication
 Reassuring stakeholders
 Focus on internal audit programmed
 Recognition of responsibility and accountability.
How does Primavera help?

 Keep track of issues.
 Maintain threshold
 Health of project
 Track overall project progress to identify any deviation
Tel. No. (036) 6214-578 fax No. (036) 6214-578
Intellectual Property and other Legal issues for the Entrepreneur

What is Intellectual Property?
Intellectual property refers to any patent, trademarks, copyrights or trade secrets held by
the entrepreneur.
 These represents important assets to the entrepreneur.
 Intellectual Property should be understood even before engaging the services of
an attorney.
 It must be protected from un-authorized use
There are four ways to protect Intellectual Property:
 Patents on Inventions
 Trademarks on Branding devices
 Copyrights on Music, Videos, Patterns, Forms of Expression
 Trade Secrets for methods/formulas with economic value
PATENTS
A patent is a right granted for an invention that is new and useful. A registered patent
provides the owner of the invention with the exclusive right to exploit it commercially for
the life of the patent.
 A patent is a contract between the government and an inventor. In exchange from

disclosure of the invention, the government grants the inventor exclusively reading
the invention for a specified amount of time.
 At the end of this time, the government publishes the invention and it becomes part
of the public domain, which help in generating new ideas and even the
development of a better product that could replace the original.
Types of Patents
1. Utility patents:
It grants the owner protection from anyone else making using and selling the identified
invention and generally reflects protection of new, useful, and obvious process such as
film developing, machines such as photocopier, composition of matter such as chemical
compound or mixture of ingredients and articles of manufacture such as toothpaste pump.
A utility patent has a term of 20 years
2. Design Patents:
Covers new, original, ornamental, and unobvious designs for articles of manufacture,
a design patent reflects the appearance of an object. These patents are granted for a
term of 14 years.
The look of an Athletic Shoe, a bicycle helmet, the star wars characters are protected by
Design Patents.
Tel. No. (036) 6214-578 fax No. (036) 6214-578
3. Plant Patents:
These are issued under the same provisions as utility patents and are for new varieties
of plants. These patents represents a limit area of interest and thus very few of these of
patents are issued.
For example: Hybrid Tea Roses, Silver Queen Corn, Better Boy Tomatoes are all types
of plant patents.
The Patent Application
The Patent application must contain a complete history and description of the
invention as well as claims for its usefulness. The actual form can be downloaded from
the patent and trademark office website.
There are three main section in the application.
I. Introduction:
This section contain background and advantages of the invention and the nature of
the problems that it overcomes. It should clearly states how the invention differs from
existing offerings.
II. Description of Invention:
The application should contain a brief description of the drawings that accompany it. A
detailed description of the invention, which may include materials, engineering
specification and so on.
III. Claims:
Serve to specify what the entrepreneur is trying to patent. Essential parts of the invention
should be described in broad terms. Claims must not be too general either that they hide
the invention uniqueness and advantage.
Business Method Patents
The growth of the internet use and software development has given rise to business
methods patents. Firms use these patents to assault competitors and subsequently
provide income from royalties or licensing fees. Concerns have evolve regarding these
patents.
Start-up without a Patent
Not all start-ups will have a product or concept that is patentable. In this case the
entrepreneurs should understand the competitive environment to ascertain any
advantages that may exist or to identify a unique positioning strategy. Maintaining the
differential advantage may be a challenge but represents an important means of
achieving long term success.
TRADEMARKS
A distinguishing word, name or symbol used to identify a product. Trademarks, unlike

Patents, can be renewed FOREVER as long as they are being used in business. The
Trademark is given an initial 10 year registration with ten year renewable terms. In the
5th to 6th year the registrant is required to file affidavit with the PTO indicating that the
mark is currently in commercial use otherwise the registration will be cancelled.
Tel. No. (036) 6214-578 fax No. (036) 6214-578
There are four categories of Trademarks:
I. Coined Marks:
Denote no relation between the mark and the goods or service and afford to
possibility of expansion to a wide range of products.
II. Arbitrary Mark:

It is one that has another meaning in our language and is applied to a product or
service.
III. Suggestive Mark:

It is used to suggest certain features, qualities, ingredients or characteristics of a
product or service.
IV. Descriptive Mark:
With a dictionary meaning which is used in connection with products or services

directly related to the meaning.
Registering the Trademark
Filing of the trademark registration must meet four requirements:
 Completion of the written form

 A drawing of the mark
 Five specimens showing actual use of the mark
 The fee
COPYRIGHTS
 Right given to prevent others from printing, copying or publishing any original
works of authorship such as books, scripts, articles, poems, songs, sculpture, data
and music.
 The protection in a copyright doesn't protect the idea itself, it allows someone else
to use the idea or concept in a different manner.
 The Copyright Law has become especially relevant because of the tremendous
growth of the use of internet, especially to download music, literary works, picture
arts etc. Although software copyright law was added in the 1980, Issues
surrounding access to material on the internet have led to major legal battles for
the entertainment industry.
LICENSING
Contractual agreement giving rights to others to use intellectual property in return for
fee.
Licensing is an arrangement between two parties, where one party has propriety rights
over some information, process or technology protected by a patent, trademark or
copyright.
This arrangement requires the license to pay some specified sum to the holder of the
proprietary rights (licensor) in return for permission to copy the patent, trademark or
copyright.
Tel. No. (036) 6214-578 fax No. (036) 6214-578
Types of Licensing
1. Patent License Agreements: Specify how the license would have access to the
patent. The license may either just market a product or manufacture and sell
also.
Ex: Telecommunication companies, Food Franchises
2. Trademark License Agreements: Involves a franchising agreement. The

entrepreneur operates a business using the trademark and agrees to pay a fixed
sum for the use of the trademark, pay amount on sales volume and buy supplies
from the franchise.
Ex: Shell, Pepsi, Coca Cola
3. Copyright License Agreements: Involve rights to use o copy books, software,

music, photographs, plays, etc.
Ex: Celebrities can license the right to use their image in a product.
Before entering into a Licensing Agreement, the entrepreneur should ask the following
questions:
 Will the customers recognize licensed property?

 How well does the licensed property complement my products or services?
 How much experience do I have with the licensed property?
 What is the long-term outlook for the licensed property?
 What kind of protection does the licensing agreement provide? What
commitment do I have in terms of payment of royalties, sales quotas, and so on?
 Are renewal options possible and under what terms?
CONTRACTS
A legally binding agreement between two parties. Entrepreneurs commonly sign

contracts with vendors, landlords and clients.
It is very important for the entrepreneur to understand the fundamentals of issues
related to contracts while also recognizing the need for a lawyer in many of these
negotiations.
In case of not availing a lawyer, entrepreneur must take care of following essential
items:
 All involved parties shall be named along with their roles (Buyer and seller,
licensee and Licensor etc.)
 Detailed transactions (exact location, Date, time and place of delivery)
 Exact value of transaction
 Involved person's signature must be obtained in the deal.
Contract Conditions and Results of a Breach of Contract

Tel. No. (036) 6214-578 fax No. (036) 6214-578
Contract Conditions:
 An offer is made. It can be oral or written but it is not binding until voluntary
acceptance of offer is given.
 Voluntary acceptance of offer.
 Consideration is given by both parties
 Both parties are competent and/or have the right to negotiate for their firms.
 Contract must be legal. Any illegal activities under a contract are not binding. An
example might be gambling.
 Any sales of $500 or more must be in writing.
Results of a Contract Breach
 The party in violation of a contract may be required to live up to the agreement or

pay damages.
 If one party fails to live up to its end of contract, the second party may also agree
to drop the matter and thus not live up to the agreement as well. This is referred
to as contract restitution.

Risk Management - Legal IP Issues Copyright Patent Trademark and Business Contract

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Risk Management - Legal IP Issues Copyright Patent Trademark and Business Contract

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

CAPIZ STATE UNIVERSITY

What does it include?

How is it done in project?

Risk in Project Management

Plan Risk Management

 Stakeholders will be involved in planning risk management.

Risk Management Plan

Qualitative Risk Analysis

Quantitative Risk Analysis

- Decision tree Analysis -Sensitivity Analysis

What are the benefits?

How does Primavera help?

Intellectual Property and other Legal issues for the Entrepreneur

There are four ways to protect Intellectual Property:

 A patent is a contract between the government and an inventor. In exchange from

The Patent Application

There are three main section in the application.

II. Description of Invention:

Business Method Patents

Start-up without a Patent

A distinguishing word, name or symbol used to identify a product. Trademarks, unlike

There are four categories of Trademarks:

II. Arbitrary Mark:

III. Suggestive Mark:

IV. Descriptive Mark:

With a dictionary meaning which is used in connection with products or services

Registering the Trademark

Filing of the trademark registration must meet four requirements:

 Completion of the written form

2. Trademark License Agreements: Involves a franchising agreement. The

3. Copyright License Agreements: Involve rights to use o copy books, software,

 Will the customers recognize licensed property?

A legally binding agreement between two parties. Entrepreneurs commonly sign

Contract Conditions and Results of a Breach of Contract

Results of a Contract Breach

 The party in violation of a contract may be required to live up to the agreement or

You might also like