Presentation is loading. Please wait.

Presentation is loading. Please wait.

AN INTRODUCTION TO INTELLECTUAL PROPERTY Newcastle University October 2014 Angela King European Patent Attorney European Design Attorney.

Similar presentations


Presentation on theme: "AN INTRODUCTION TO INTELLECTUAL PROPERTY Newcastle University October 2014 Angela King European Patent Attorney European Design Attorney."— Presentation transcript:

1 AN INTRODUCTION TO INTELLECTUAL PROPERTY Newcastle University October 2014 Angela King European Patent Attorney European Design Attorney

2 Talk Outline What is IP? Examples of IP in Industry Commercialising your IP Ethics of Patents and Other Monopoly Rights

3 Intellectual Property Patents Trade Marks Designs Copyright Confidential Information

4 IP Rights Reward research and development and prevent unauthorised exploitation of your rights Very important in competitive marketplace Is the road clear? – Even if you do not want to assert your own rights, you can still be in danger of infringing somebody else’s

5 Why Secure IP Rights? Monopoly in marketplace Barriers to entry for competition Best return for expenditure

6 Intellectual Property Patents Trade Marks Designs Copyright Confidential Information

7 Patents - General Patents granted for ideas and inventions A state granted monopoly – lasts up to 20 years Rewards and encourages research and innovation Prevents unauthorised exploitation of ideas or inventions

8 Patents - General Patents are not granted merely by filing an application Application is examined by the Patent Office Strict requirements Absolute Novelty – no prior public disclosure Not an obvious solution to the problem the invention overcomes

9 Application Contains Specification Claims Application stage – sets out scope of protection sought Granted patent – defines scope of enforceable protection

10 Typical Timescale for a National UK Patent Application

11 International Patent Application Procedure

12 Intellectual Property Patents Trade Marks Designs Copyright Confidential Information

13 Trade Marks are used to distinguish products and services Any sign which is capable of distinguishing the goods and services of one trader from those of another Trade Mark can be: Word Logo Sound Smell Trade Marks

14 Serves to establish goodwill and reputation in a product or service Adds value to a company Guinness €2 Billion Coca-Cola Interbrand Value $79.1 Billion (€61.3 Billion) A good Trade Mark will be: Not descriptive of product Distinctive

15 Some Well Known Trade Marks

16 Intellectual Property Patents Trade Marks Designs Copyright Confidential Information

17 Registered designs Protects aesthetic appearance – not the underlying idea Can be registered or unregistered Registered design Shape or appearance inc surface decoration Max 25 years Unregistered design “Design Right” For 3D articles only 3D shape and appearance (not surface decoration) Max 15 years Samsung Galaxy Tab Apple iPad

18 Intellectual Property Patents Trade Marks Designs Copyright Confidential Information

19 Copyright Automatically exists in original literary works Copyright can exist in: Literary Workslife + 70 years Musical Notationlife + 70 years Graphic Workslife + 70 years Sound Recordings50 years Photographslife + 70 years

20 Talk Outline Patents Trade Marks Designs Copyright Confidential Information

21 Confidentiality Can protect company “know how” An alternative to patenting? Retain the “secret step” No public disclosure required But! - No protection against independent creation by 3 rd party The importance of NDAs (Non Disclosure Agreements)

22 What is IP? Examples of IP in Industry Commercialising your IP Ethics of Patents and Other Monopoly Rights Talk Outline

23 IP PORTAL TOUR IP in Action First product on market “Dual Cyclone” Bagless System Patents Obtained Patent Expired – June 2001 at end of 20 year term

24 IP PORTAL TOUR IP in Action New product developed Improvement on existing technology Patents filed to secure 20 year monopoly term Product now lead product in range Much higher cost than original product

25 Confidentiality – Success Stories © The Drambuie Liqueur Company© The Coca-Cola Company

26 IP in Action Designs – Shape of product © Apple Computers Patent protection Copyright software Trade Mark

27 IP in Action Antiviral treatment for cold sores launched in 1981 Patent protection – Acyclovir – Expired 1997 Generics entered market Launched as an over-the-counter brand Now market leader in Europe Trade mark – Zovirax Designs – Shape of container

28 What is IP? Examples of IP in Industry Commercialising your IP Ethics of Patents and Other Monopoly Rights Talk Outline

29 Exploiting your IP Keep idea confidential – a patent application can only be filed if the invention is new and has not been publicly disclosed Consult with Research and Innovation service within University for commercialisation advice

30 Spin Out Companies IP initially owned by University Commercialisation of technology by a separate company Often ownership of IP may or may not be assigned to spin out Agreements very important in this situation

31 What is IP? Examples of IP in Industry Commercialising your IP Ethics of Patents and Other Monopoly Rights Talk Outline

32 The Ethical Debate The grant of a patent does not give any positive right to use an invention Many current “ethical debates” in relation to patents

33 Ethics – Case 1 Opposition to monopoly rights Alternative – so called “copyleft” or “freeware” Information free for all to use and modify Example – Linux computer operating system

34 Ethics – Case 1 Coca Cola – “Open source licensing” Recipe provided to consumers Improvements to recipe made freely available to others Current recipe available on Wikipedia

35 Ethics – Case 1 Debate relates to “Knowledge Ownership” Free circulation of ideas Against protecting ideas as Intellectual Property Standard Licence Agreement termed “Copyleft” allows free use of material GNU Public Licence – Allows freedom to share and change

36 Ethics – Case 2 United States – government considered intervention to the Patent held by Bayer to the Anthrax drug ciprofloxacin (Cipro)

37 Ethics – Case 2 5 further US companies had FDA approved generic Cipro products, but were precluded from manufacture by the Bayer patent If US government authorised this manufacture, Cipro would effectively be deemed to be “off patent” to allow widespread production and increased availability of generic form of drug

38 Ethics – Case 2 Unlike in Canada, US government decided to maintain status quo of patent Apotex manufactured Cipro for Canadian government at 63c a pill (Bayer price $1.25) Allegation that US government put patents before public health

39 Ethics – Case 2 South Africa – 40 of the world’s largest drug companies sued the South African government to prevent attempts to reduce the cost of AIDS drugs by up to 90 percent Pharmaceutical Manufacturers’ Association dropped this action in 2001 bowing to mounting public pressure

40 Ethics – Case 2 In Brazil generic retroviral drugs have been supplied free of charge by the Brazilian government to 105,000 people Generic forms of retroviral drugs AZT, 3TC and Nevirapine lower treatment costs per day from $3.20 to $1.55

41 Ethics – Case 3 Various Patents granted for genetically modified organisms (GMOs) GM crops can’t however by planted unless consented to by national law Illustrates point that grant of a patent does not automatically confer “right of use” of invention

42 Ethics – Case 4 Patents directed to methods of nuclear transfer and cloning “Gene Patenting” The purpose of Patent Law is not to impose restrictions or prohibitions on the requirements of public health, or compliance with certain ethical standards

43 Ethics – Case 4 Dolly – the world’s first cloned adult animal And now…

44 Ethics – Case 4 “C.C.” – Copycat the world’s first cloned cat Born Texas, USA, December 2001

45 Ethics – Case 4 Exclusions do exist as to the patentability of: Processes for cloning human beings Modifying germ line identity of humans Modifying genetic identity of animals – if it will cause them suffering – without substantial benefit to man

46 Ethics – Case 4 Again illustrates that the grant of a patent is not indicative as to whether the use of a technology is permissible

47 Encourages and rewards investment in research and innovation Publication of subject matter leads to dissemination of information Incentives to develop new products In spite of these, the following arguments stand strong in the case for patenting :

48 Contact Murgitroyd Enterprise House Innovation Way Heslington York YO10 5NQ Tel: Fax:


Download ppt "AN INTRODUCTION TO INTELLECTUAL PROPERTY Newcastle University October 2014 Angela King European Patent Attorney European Design Attorney."

Similar presentations


Ads by Google