ip 4 inno Case Study FACIT Homes

ip 4 inno Case Study FACIT Homes – a pre-fabricated timber building system Speaker www. ip 4 inno. eu Location, date

ip 4 inno is brought to you by: • European Commission, DG Enterprise & Industry • European Patent Office • 19 consortium partners in the first ip 4 inno project This particular case study was written by: Own-it (www. own-it. org) with funding from the EC and EPO www. ip 4 inno. eu

The Disclaimer! This training material concerns intellectual property and business strategies only in general terms. This training material should not be relied upon when taking specific business or legal decisions. Rather, professional advice should be obtained which suits the circumstances in question. www. ip 4 inno. eu

FACIT Homes: a case study • • • Introduction Identifying IP Rights Trade marks Trade Secrets Growing a creative business www. ip 4 inno. eu

FACIT Homes: a case study • • • Introduction Identifying IP Rights Trade marks Trade Secrets Growing a business www. ip 4 inno. eu

Identifying IP Rights Nick Garwolinski, East Sheen, London: 3 -D laser scan Architecture drawing (image missing) Building (image missing) www. ip 4 inno. eu

Identifying IP Rights Nick Garwolinski, East Sheen, London: the completed house www. ip 4 inno. eu

Identifying IP Rights What is Copyright? • • • Prevents others from copying your work. No copyright in an idea or a concept. Comes into place automatically on creation. Easy to acquire, but easily infringed. Preventative measures Duration www. ip 4 inno. eu

Identifying IP Rights Example: Nick Garwolinski, East Sheen, London: Component Design www. ip 4 inno. eu

Identifying IP Rights Example: Nick Garwolinski, East Sheen, London: Premanufactured components are dropped into the timber sole plate www. ip 4 inno. eu

Identifying IP Rights • Click to see the FACIT Homes video on Vimeo www. ip 4 inno. eu

Identifying IP Rights Computer programs: • What is a computer program? - requirements - infringing acts - permitted acts • Differences in EU and US law www. ip 4 inno. eu (Tool Number: 1 ) (Tool Diameter: 6. ) N 110 T 1 N 120 S 18000 N 130 G 0 X 17. Y 162. 5 Z-15. N 140 Z-8. N 150 G 1 Z 3. F 13000 N 160 G 0 Z-15. N 170 X 108. Y 217. N 180 Z-8. N 190 G 1 Z 3. N 200 G 0 Z-15. N 210 X 208. N 220 Z-8.

Identifying IP Rights To be patentable your invention must • be new • have an inventive step that is not obvious to someone with knowledge and experience in the subject • be capable of being made or used in some kind of industry www. ip 4 inno. eu

Identifying IP Rights An alternative: utility model • • Only available in a limited number of countries Similar to a patent Suitable for SMEs Lower expectations re: inventive step or non-obviousness • Cheaper, simpler, faster • Shorter period of protection www. ip 4 inno. eu

Identifying IP Rights Design Right: What is it? • Protects outward appearance of a product – or a part of a product • An asset with an economic value – and a right to stop others from copying your design • Registered and unregistered rights, offering different levels and terms of protection www. ip 4 inno. eu

Identifying IP Rights What is protected by design right? • Protects a design that may be the appearance of whole or part of a product and may arise from the lines contours, colours, shape, texture, material or ornamentation of the product • Must be novel and possess individual character www. ip 4 inno. eu 16

Identifying IP Rights FACIT Homes: Design Rights in the building components www. ip 4 inno. eu

Identifying IP Rights FACIT Homes: Summary - Copyright: architecture plans, buildings, software (EC) - Patents: software (US? ), the way, components are put together - Design right: components (appearance) www. ip 4 inno. eu

FACIT Homes: a case study • • • Introduction Identifying IP Rights Trade marks Trade Secrets Growing a business www. ip 4 inno. eu

Trade Marks • FACIT Homes™ • D-Process™ www. ip 4 inno. eu

Trade Marks What is an unregistered trade mark? • Can be anything used for identifying a product or service • Exists automatically • ‘Common law’ right www. ip 4 inno. eu

Trade Marks Enforcement • Difficult to enforce an unregistered mark • Need to show anti-competitive effect under EU law - prove existing reputation - prove misrepresentation (direct or indirect) - prove that the deception has caused damage www. ip 4 inno. eu

Trade Marks FACIT Homes: Summary - Unregistered trade marks provide weaker protection than registered marks - FACIT already have a reputation and may be able to rely on their unregistered marks www. ip 4 inno. eu

FACIT Homes: a case study • • • Introduction Identifying IP Rights Trade marks Trade Secrets Growing a business www. ip 4 inno. eu

Trade Secrets Trade secrets are information that companies keep secret to give them an advantage over their competitors. FACIT Homes keeps all information relating to their software development secret www. ip 4 inno. eu

• Can be imposed via agreement, but is also implied into many relationships. • Agreements should be put in place with third parties before work starts. • Be careful when sending ideas by email! www. ip 4 inno. eu Orkboi under Creative Commons licence Establishing confidentiality

• Concerned with secrets – does not apply to information already in the public domain. • Can apply to any type of IP or know-how, e. g. : drawings, techniques, formulae, and data of all types. • Circumstances must suggest an obligation of confidence. • Simply marking a document with ‘PRIVATE AND CONFIDENTIAL’ is not enough. www. ip 4 inno. eu Gisela Giardino under Creative Commons licence The law of confidence

FACIT Homes: a case study • • • Introduction Identifying IP Rights Trade marks Trade Secrets Growing a business www. ip 4 inno. eu

Growing a business • Licensing • Franchising • Patent application www. ip 4 inno. eu 29

Growing a business Licensing: Key clauses • Duration • Exclusive/non-exclusive • Territory • Field of usage • Payment • Termination clause www. ip 4 inno. eu License Agreement Parties: …………………… Definitions: …………… Obligations: …………. . Royalties: ……………… Duration: …………… …

Summary • It is important to identify all IP rights to make informed decisions about the right IP strategy for your business • Sometimes, the most effective strategy is keeping trade secrets through non-disclosure agreements • First to market can be a valid strategy if a business doesn’t have the funds to invest in a patent • Re-considering IP strategies is important to grow a business www. ip 4 inno. eu

Thank you for your attention! Enter here Speaker’s name and contact details Over 50 teaching hours of material, case studies, exercises, links and more can be found on www. ip 4 inno. eu