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Introduction to IP Presentation to BASME 15 October 2014 Niall Head-Rapson McDaniel & Co.

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Presentation on theme: "Introduction to IP Presentation to BASME 15 October 2014 Niall Head-Rapson McDaniel & Co."— Presentation transcript:

1 Introduction to IP Presentation to BASME 15 October 2014 Niall Head-Rapson McDaniel & Co

2 Introduction to IP Niche IP Practice Jesmond based 9 Years

3 Types Registered Unregistered

4 Registered Patents Design Trade Mark

5 Unregistered Copyright Database Rights Confidential Information Trade Mark Design

6 Trade Marks A sign Perpetual Differentiate the goods and services of one undertaking from another 45 Classes of Goods and Services Universal classification UK Community

7 1 January 1876

8 Trade Mark Cost UKCTM Application Fee£200900 € Extra Class£50150€ Grant Fee(850€) Extra Class150€

9 Design 25 Years protection No copying required Worldwide UK and Community 12 Month

10 Design UK and Community Registered Design "design" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.

11 'Medical device for measuring urine flow

12 Design Cost Application fee Publication Fee Deferment Fee Community 1 230 €120 €40 € Community 2-11 115 €60 €20 € Community 12+ 50 €30 €10 € UK 1 £600£20 UK 2+ £400£20

13 Unregistered Design Automatic UK and Community 3 to 10 year protection

14 UK "design" means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article. 15 years from the date of creation or 10 years from the end of the year in which the design was first put onto the, market within the EEA

15 Community Council Regulation (EC) No. 6/2002 new and has individual character three years from the date on which the design was first made available to the public within the Community.

16 Patent Novel Inventive Step Capable of Industrial Application Not Excluded

17 Patent Priority Date Field of Invention Inventor Proprietor

18 Prior Art Invention What Has Gone Before?

19 Novelty Prior Art Invention

20 Novelty Prior Art Invention Priority date Time

21 Inventive Step Prior Art Invention Obvious?

22 Patent First to File First to Invent (U.S.)

23 Ownership Inventor Employee in the Course of Employment See US

24 Patent Cost of Prosecution – Official fees – Translation Costs – Agents Fees – Renewal Fees Cost of Litigation – 2002 – UK £1million+ – Germany € 350 000

25 Copyright Universal Berne Convention Universal Copyright Convention Copyright Designs and Patents Act 1988

26 Copyright Original Literary Artistic – Literary includes software programs sound recordings, films or broadcasts the typographical arrangement of published editions

27 Database Rights database" means a collection of independent works, data or other materials which - (a) are arranged in a systematic or methodical way, and (b) are individually accessible by electronic or other means

28 Copyright v Database Copyright Life of Author plus 70 Typographical Arrangement 25 years Database 15 years

29 Copyright Authorship Ownership – Author first owner – Employee in course of employment Joint ownership

30 Confidential Information Secret Substantial Be received in confidence

31 Confidential Information Trade Secrets: formulae, recipes, production methods, test results, information obtained by research Business Secrets: budgets, customer lists, marketing plans Personal Information: diaries, photographs, Professional Information: information supplied to a solicitor, accountant or other professional advisor in the course of his or her professional duties

32 Confidential Information Damage Public Domain

33 Niall Head-Rapson McDaniel & Co 19 Portland Terrace Jesmond Newcastle NE2 1QQ 0191 281 4000

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