An Introduction to Intellectual Property Gary Townley Business Outreach & Education Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 850+ staff based in Newport in South Wales, 20 based in Bloomsbury, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR) Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent. 74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
How can Intellectual Property Benefit Your business? • IP may generate income for your business through licensing, sales and/or commercialization of IP-protected products or services. • IP rights can enhance the value of your business with investors and financing institutions. • In the event of a sale, merger or acquisition, IP assets may significantly raise the value of your business Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
What is intellectual property? Patents Trade Plant Varieties marks Intellectual Property Trade Secrets Registered designs Confidentiality Intellectual Property Office is an operating name of the Patent Office Copyright www. ipo. gov. uk
Trade Marks Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
What is a Registered Trade Mark? Any sign which is capable of being represented graphically Any sign which is capable of distinguishing the goods or services of one undertaking from another “A Badge of Origin” Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
What can be registered? Name Logo Domain name Slogan Colour Shape Music Non-traditional Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Unexpected marks • Office of Government Commerce • £ 14000 to create new logo “not inappropriate for an organisation that’s looking to have a firm grip on government spend” OGC Spokesperson Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
unregistered Trade Marks If an unregistered TM is infringed, attack with a ‘Passing Off’ action A lot of evidence must be presented, including proof of established reputation, confusion for consumers, and harm done Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Slogans as Registered Trade Marks Laudatory terminology, and words in common usage in the class of goods in question may not be registered as RTMs Gillette ® , The Best a Man can Get TM However, Mr Kipling ® since 1984, but Exceedingly Good Cakes ® since 1994 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Top slogans of the century 1. Diamonds are forever (De. Beers) 2. Just do it (Nike) 3. The pause that refreshes (Coca-Cola) 4. Tastes great, less filling (Miller Lite) 5. We try harder (Avis) 6. Good to the last drop (Maxwell House) 7. Breakfast of champions (Wheaties) 8. Does she…. or doesn’t she? (Clairol) Source adage. com Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Colours as Trade Marks - as applied to the outside of petrol filling stations - in relation to roadside recovery services - in relation to milk chocolate - in relation to cat food - in relation to baked beans - in relation to mobile communications Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Shapes as Registered Trade Marks Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Music as Registered Trade Marks TM 2219984 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Music as Registered Trade Marks TM 2409398 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Domain names Trade Mark registration is not company name or domain name registration A domain name may be registered as a Trade Mark Incorporating another’s RTM into your domain name or meta-tag may be an infringement Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Be Inventive Google – an intentional misspelling of googol (1 followed by 100 ‘ 0’s) Blaupunkt – originally called ideal – a blue dot was attached if the headphones came through the quality test. LEGO – Danish “leg godt” – play well ( coincidentally “I learn” in Latin) Starbucks - a character in Herman Melville’s novel Moby Dick Intel – Gordon Moore/Bob Noyce – sounded too close to more noise, so adopted Integrated Electronics. Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Use your name Amstrad – Sir Alan Michael Sugar trading B&Q – founders Block & Quayle DHL – Adrian Dalsey, Larry Hillblom & Robert Lynn Hasbro - Henry & Helal Hassenfeld – Hassenfield Brothers Mercedes – the first name of salesman Emil Jellineks daughter Mitel – Mike & Terry’s Lawnmowers – Michael Cowpland & Terry Matthews Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
UK Applications Fees: Application fees: £ 200 – Includes one Class Additional Classes £ 50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Trade Mark Registration Overseas Paris Convention - six months priority OHIM – Community Trade Mark e-filing fee € 900 Madrid Protocol Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright The Statute of Anne 1709 Scope increased to include engravings, prints, sculptures, dramatic works and musical works 1956 – films, broadcasts and typographical arrangement Copyright, Designs and Patents Act 1988 Caxton’s Printing Press Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright Conventions Berne Convention - Accepted in 1886 Works protected by national law irrespective of where the work was created 163 Countries are parties to the Convention Universal Copyright Convention Adopted in 1952 An alternative for Countries that believed that Berne overly benefited Western developed copyright exporting nations Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright Criteria for Protection 1. For copyright to subsist the work must be recorded in a material form 2. The work must be “original” – not copied – sufficient labour, skill and effort 3. Sufficiently connected to qualify under UK law – authorship, publication, place of transmission. 4. Not excluded on public policy, moral grounds – obscene, blasphemous, libellous etc Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright 1. Literary Works – All works expressed in print or writing 2. Dramatic Works – A work capable of being performed 3. Musical Works – includes melody, harmony and rhythm 4. Artistic Works – A work of artistic craftsmanship (not quality) 5. Films – Moving images produced by any means 6. Sound Recordings – From which sounds can be reproduced 7. Broadcasts – transmission of visual images, sounds or other 8. Published Editions – typographical arrangements Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
What Copyright protects Books, technical reports, manuals, databases Engineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Computer software & websites Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years Films: 70 years after the death of the last of: director, composer of the score, the author of the screenplay and the scriptwriter Sound recordings, TV & radio broadcasts & cable programmes: 50 years from first broadcast Publishers’ right (typographical layout etc. ): 25 years Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Who owns Copyright? Usually the first creator or author. . . …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownership unless their contract is explicit to the contrary Even if the creator sells their rights, they have ‘moral rights’ over how their work is used Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Who owns Copyright in Software? Saphena Computing v Allied Collection Agencies (1989) No mention of Copyright in contract However, developer (Saphena), allowed client a copy of the “object code” to repair bugs Saphena did not allow client a copy of “source code”, so they could NOT make improvements without infringing Copyright Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Who owns copyright? Taken by the prince’s executive chef, Carolyn Robb wearing their ‘new set of tweeds’. Settlement later reached with Robb involving a four figure fee for the use of the photograph and use by the Royal Mail. Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Primary Infringement Any of the following without the consent of the rights owner Copying / Reproducing Distributing Public performance Adaptation Issuing or renting Broadcasting IGNORANCE IS NO DEFENCE Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Secondary Infringement Any of the following without the consent of the rights owner Selling Importing Possession for business purposes Facilitating primary infringement Only guilty if done knowingly, or if you ought to have known Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
‘Defences’- permitted acts The following are allowable even when they technically breach Copyright: “Fair Dealing” Private study Research News reporting Public Interest Criticism / reviews Education, libraries Intellectual Property Office is an operating name of the Patent Office Some official reports Video/DVD ‘time-shifting’ www. ipo. gov. uk
Remedies Damages – Putting the plaintiff in the position he would have been had the tort not been committed Injunctions – prohibiting an act or ordering an act Accounts (of profits) – prevent unjust enrichment of the defendant Delivery up – an order that the infringing copies are given to the plaintiff Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Top Dead Earners 2010 1. Michael Jackson - $275 m 2. Elvis Presley – $60 m 3. JRR Tolkien - $50 m 4. Charles Shultz - $33 m 5. John Lennon - $17 m 6. Stieg Larsson – $18 7. Theodor Geisel – $11 m 8. Albert Einstein – $10 m 9. George Steinbrenner - $8 m 10. Richard Rodgers - $7 m Source Forbes. com Shakespeare – 7 th $12 m Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Collecting Societies Rights administered for the benefit of authors/owners PRS for Music Phonographic Performance Limited (PPL) Video Performance Limited (VPL) Authors Licensing and Collecting Society (ALCS) Copyright Licensing Agency (CLA) Newspaper Licensing Agency (NLA) The Design and Artists Copyright Society (DACS) The Copyright Tribunal Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Copyright for Business Mark work with the international copyright symbol © Record the work in some way Electronic fingerprints Look at licensing and assignment opportunities Regularly review contracts (business and employees) Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Working with others Prior use or disclosure will invalidate a patent application - use ‘Confidentiality Agreements’ Agree in writing who will own any I. P. arising from the collaboration before commercialisation Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Design Registration No 2081155 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Apple Inc “an austere, abstract, platonic-looking form that somehow also manages to feel warm and organic and ergonomic” Jonathan Ive, Apple's head of design Design Registration No. 748314 - 1 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Blackberry For workaholics who check emails even on holiday – the phone with the most professional image i. Phone Must have for the type who obsess about the impression they create. 3 out of 4 said this phone does make you cooler Samsung Nokia Flip Phones Sony Ericsson Customised Phones Simple phone for simple needs, not flashy but reliable and wont let you down, just like the owner 89% said this device is nostalgic This one’s for stock brokers, entrepreneurs and spivs. Like red braces, not for anyone aged under 30 Back in the day it was more important to have a Sony walkman than a mobile. Now music fans love to be seen with one Loved by power-dressing women and gay men whose accessories must match LG Aimed at the girlie market, young women whose favourite companion is their latest Barbie doll Prada Targeted at the serious fashionistas or at least their Pas. The higher the heel on the stiletto, the more likely the owner has a prada Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Protects shape or configuration (3 -D) and/or pattern or ornamentation (2 -D) No protection for function, materials or technology of manufacture No protection when form is dictated by function (ie: no design freedom) Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Design protected without limitation to a specific product or article Design protected even if applied to single items or handicraft products Protection for component parts if ordinarily on view when in use Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Examination Shape created to perform its function Contrary to public policy or morality Protected flags or emblems Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Design Registration No 3001664 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs Design Registration No 3001664 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Robert Welch Designs Ltd Argos 142922 WWW. ACID. UK. COM Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registered Designs • Royalties for past sales of £ 103, 302. 81 • £ 46, 750 towards costs • A licensing deal has now been agreed. “having built our brand on a strong design history, it is critical to us that our customers do not mistake an inferior product/copy to be our design. Therefore we at Robert Welch take IP very seriously and will pursue anybody who copy/pass off our designs” Alice Welch, Marketing Director Jan 2006 WWW. ACID. UK. COM Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Multiple Applications £ 60 for first design (£ 40 application + £ 20 publication) £ 40 for subsequent designs (£ 20 application + £ 20 publication Renewal fees every 5 years Maximum term 25 years Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Registration Overseas Paris Convention – 6 Months OHIM - Community Design Hague Agreement (1/1/2008) Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Patents Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Criteria for ‘patentability’ Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention” Inventions must be new - not known anywhere in the world prior to the filing date Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination Inventions must be industrially applicable and have a ‘technical effect’ Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Exclusions against patentability GB 2199753 Intellectual Property Office is an operating name of the Patent Office GB 2361409 www. ipo. gov. uk
Exclusions (a) a discovery, scientific theory or mathematical method; (b) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever; (c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; (d) the presentation of information; Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Citations v. novelty: “Prior art” Paul Graham USHER Patent No GB 2117179 A Priority date: 18 March 1982 The BEANO No. 2015 page 1 28 February 1981 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Windsurfer v. Tabur Marine GB 1258317 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
The application process 1 Prepare a patent specification Description Drawings Claims Abstract 2 File form 1 and one copy of your specification Form 7 will be required if the applicant is not the inventor Intellectual Property Office is an operating name of the Patent Office 3 4 We issue a filing receipt confirming your application number and filing date File form 9 A and fee within 12 months of the filing or priority date www. ipo. gov. uk
The application process 5 We carry out a novelty search to assess your invention and issue a report 6 If formal requirements have been met your application is published at 18 months Intellectual Property Office is an operating name of the Patent Office 7 You file form 10 and fee no later than six months from publication 8 We examine your application and inform you if anything needs amendment Once all objections have been overcome we will grant your patent www. ipo. gov. uk
Patent fees Application fee – £ 30 or £ 20 (Electronic filing) Search Fee - £ 150 or £ 130 (Electronic filing) Examination fee - £ 100 or £ 80 (Electronic filing) Renewals 5 th Year - £ 70 10 th Year - £ 170 20 th Year - £ 600 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Claim 1 1 A vehicle transmission assembly including a change speed transmission having a casing, an input for connection to an engine or motor, a first epicyclic gear train which is connected to the input and in use selectively provides a reduction ratio or a direct ratio to a second epicyclic gear train which in use selectively provides a reduction ratio or a direct ratio to a third epicyclic gear train which in use selectively provides a reduction ratio or a direct ratio to a forward transmission output, each epicyclic gear train comprising a sun gear, an annulus gear and a set of planet gears mounted on a respective carrier and intermeshing with the respective sun and annulus gears, and first, second and third coupling means associated with the first second and third epicyclic gear trains respectively to selectively couple one of the sun gear and the annulus gear of the respective gear train to the casing or to the carrier, each coupling means comprising a synchromesh selector slidable on a member fast with the said one of the sun gear or annulus gear and engageable with the casing when slid in one axial direction and with the carrier when slid in the other axial direction. Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
GB 2360558 26 Sept 2001 Land Rover Group Ltd Vehicle Transmission Assembly WO 01/83047 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
GB 2222821 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
FR 1368636 1960 Maurice Gatsonides TM 1508055 Gatsometer BV Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
GB 436290 1936 Percy Shaw Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Martin Dicks Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC) Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Using Patent Information Use of patent information is totally separate from obtaining & enforcing legal rights through patents Patent information can solve problems and provide new insights Avoid reinventing the wheel: 30% of European R&D is wasted on technology already in patents Enables you to keep track of your competitors Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Bowers & Wilkins “Nautilus” Speakers Documents cited GB 2130048 A GB 1390002 A GB 0864683 A GB 0547922 A GB 0434563 A GB 0378286 A US 5206465 A US 5073948 A US 4752963 A US 4657107 A US 4592444 A US 4439644 A Hi-Fi News & Record Review, January 1992, p 17 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Why Use Patent Information? Huge information source – 60 million patents Unique information - 80% of technological disclosure in patents appears nowhere else Early publication - within 18 months of first filing Free technology - 85% of UK patents not in force Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Patent Information Commercial Searches Search and Advisory Service Patentability State of the Art review Name Search Validity Search Infringement Search Patent Watch Esp@cenet Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
www. ipo. gov. uk - 0300 2000 Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
6 On line IP Healthchecks IP Healthcheck Patents, Trade marks, Designs & Copyright Confidential Information Free online diagnosis Intellectual Property Office is an operating name of the Patent Office Licensing and exploiting your IP www. ipo. gov. uk
Thank You Gary Townley Business Outreach & Education gary. townley@ipo. gov. uk Intellectual Property Office is an operating name of the Patent Office www. ipo. gov. uk
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