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1 Your Legal Team IP 101 The Basics of Intellectual Property February 2009
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2 Your Legal Team Agenda Overview Different forms of IP Ingredients required to protect Trade Secrets IP Leakage IP Contamination Commercialization Red flags / pitfalls – on the flow What are your takeaways from this session?
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3 Your Legal Team What is IP? Intangible Asset Arising from man’s creative thinking Provides negative rights – prevents others from using
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4 Your Legal Team Different forms of IP Trademarks Trade Secrets Patents Copyrights Designs Designs
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5 Your Legal Team Characteristics – Trademark: A symbol that has commercial association. – Copyright: An expression of an idea, fixed on a tangible medium such as written document, software, music. – Patent: An invention, whether a process, machine or design, for which a patent is applied and granted. – Trade secret: Any information that is kept secret and would lose its commercial value if disclosed or misused. – Design: A new or original distinguishable design. – Semiconductor integrated circuits layout design – Geographical indications: origination of goods, natural or manufactured – Protection of plant varieties
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6 Your Legal Team Protection of IP Protection of IP Concepts Constituents It may be necessary to seek protection under more than one form, different jurisdictions.
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7 Your Legal Team Patents What is: Statutory (not automatic), monopolistic right, tangible concrete manifestation of the ideas in the form of some invention to get protection. Products or processes. Invention means a new product or process involving an inventive step and capable of industrial application. Why: Promote industrial innovations. Ingredients: –Novelty -prior art/use, bedrock of patent laws –Utility - need not be superior, commercial success, perfection, performs crudely –And inventive step / non-obviousness – measures technical accomplishment, not trivial. Manner of manufacture. What: Manufacture, Software, industrial products, biotech. agricultural? Excludes discovery, scientific or mathematical theory, animal/ plant variety 20 years, not renewable.
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8 Your Legal Team Trademarks What is: Mark capable to being represented graphically, capable of distinguishing goods / services, includes shape of goods, packaging, combination of colors. Why: To identify and distinguish. Ingredients: Distinctive (inherent / acquired), visual symbol (word, device, label), no confusion. What: Service marks, color, sound How long: 10 years protection. Can be renewed.
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9 Your Legal Team Copyrights What is: Original creative work fixed on a tangible medium. Expression of an idea and not the idea. NO REGISTRATION PROCESS. Why: encourage exploitation of copyrighted work. Ingredients: originality, creativity What: literary, dramatic, artistic, musical, cinematograph film, sound recording, sculpture, craftsmanship. –Software, computer programs, tables and compilations under literary work. Fairuse. Creative commons. Term: 60 years.
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10 Your Legal Team Trade Secrets Trade Secrets Managing Confidentiality
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11 Your Legal Team Trade secrets Trade Secrets –The KNOW HOW –Any information that is not publicly known; and –Has economic value; a “competitive advantage”; and Is subject to “Reasonable efforts” to keep it secret. –Examples of Reasonable Efforts Information was marked “Confidential” when created Information not left “lying around” Information distributed only on “need-to-know” basis Information given to third parties only under NDA Information not published
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12 Your Legal Team Protecting trade secrets – small steps Never disclose or receive confidential information without an approved and a fully executed NDA in place and a legitimate “need to know” by the recipient. –Depending on the sensitivity, you may have different kinds of NDA. Never disclose your’s, Supplier’s or Customer’s confidential information publicly. Always label and treat confidential information properly. Always use demonstrable, reasonable efforts to keep confidential information protected.
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13 Your Legal Team Protecting trade secrets – small steps Know who you are talking to before you disclose valuable information. Assume that those around you are competitors and are very interested in what you have to say. Bring only that information which is essential to your business trip and, if at all possible, leave classified information locked up in your office. Refrain from discussing, disclosing, inadvertently showing or leaving classified information unattended. Know who is listening when using public transportation / Use secure communication links.
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14 Your Legal Team Interesting Concepts Interesting Concepts Leakage Contamination Commercialization
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15 Your Legal Team IP Leakage IP Leakage is the unintended release of IP –Sometimes accidental (e.g., X Co. presents tool data for Suppliers “A”, “B”, and “C” … although no names are given, there are only 3 competitors) –Sometimes too tactical (e.g., X Co. discloses foundry energy saving innovations to Supplier and Supplier makes the product for benefit of all its customers, with no tangible ROI for X Co.) Leadtime advantages gets eroded and competitive sourcing opportunities gets missed
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16 Your Legal Team IP Contamination Proprietary information of others that, if incorporated in your product, creates a high risk of intellectual property violation
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17 Your Legal Team …Contamination Avoid situations where IP contamination is likely to occur –Do not accept outside proprietary information without first evaluating your need –Do not use proprietary info of your past employer Share on a need to know basis even within the company. Follow containment, inoculation and safe handling protocols when outside proprietary information is needed. Damages can include royalty for every piece sold.
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18 Your Legal Team Commercialization Licensing / Royalty Collaboration Sell Portfolio management – Acquisition or purchasing to fill holes in the portfolio. Barter Investment – internal process (badge, harvesting sessions, training programs, firewalls, NDAs, inhouse IP counsel, relationship with the inventors, opensource), Protection, company’s growth potential. SPV Trolls
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19 Your Legal Team About Us NovoJuris is a legal consulting company focused on start-ups and SMEs in technology sector. We hand-hold startups from inception, funding and beyond. Please visit www.novojuris.com to know more about us.www.novojuris.com
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20 Your Legal Team Thank you 32, Osborne Road, Near Lakeside Hospital Ulsoor Bangalore – 560 042 Tel: +91-80-25556139 Bangalore. Chennai
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