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B4 – Proven Idea Resources Intellectual Property Rights.

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Presentation on theme: "B4 – Proven Idea Resources Intellectual Property Rights."— Presentation transcript:

1 B4 – Proven Idea Resources Intellectual Property Rights

2 B4 - Intellectual Property Rights Aims: To begin to understand the importance of intellectual property rights and the various types that can exist. Learning outcomes: Recognise the importance of intellectual property for an individual or business. Understand the different types of intellectual property. Understand why and how to protect intellectual property.

3 Source: Prof. Ruth Soetendorp, Bournemeouth University CIPPM Activity Take off your watch or take out your mobile phone. Try to identify any Intellectual Property Rights associated with the product in front of you.

4 Source: Stephen Brown, MIT TLO Why is IPR important? Adds market value to the business, it may be >50% of total value. It could provide the business with a source of income e.g. licensing. By protecting your IPR, you can prevent competitors using your ideas. IPR ownership can help attract investors to your business.

5 Source: Prof. Ruth Soetendorp, Bournemeouth University CIPPM IPR Portfolio IPR Portfolio = IPR + Quasi IPR Patents, Designs, Copyrights, Trade Marks, Know How, Trade Secrets, Confidential Information, Reputation

6 Source: Prof. Ruth Soetendorp, Bournemeouth University CIPPM IPR Registered Rights Patents –20 years from filing Designs –10 years minimum Trade Marks –Not less than 7 years –No time limit Unregistered Rights Copyright and related rights Unregistered Design Rights Trade Marks and Reputation Traditional Knowledge

7 Source: Prof. Ruth Soetendorp, Bournemeouth University CIPPM Quasi IPR ‘Not quite’ or quasi IPR Have commercial value Owned by the creator or developer Not registered No limit to duration Trade Secrets Confidential Information Technical Know How Trading Reputation

8 Source: UK Patent Office What is a Patent? A patent for an invention is granted by government to the inventor, giving the inventor the right for a limited period to stop others from making, using or selling the invention without the permission of the inventor. Patents cover products or processes that have new functional or technical aspects; i.e. how things work, what they do, how they do it, what they are made of or how they are made.

9 Source: UK Patent Office What is a Patent? To be patentable your invention must: Be new –The invention must never have been made public in any way, anywhere in the world, before the date on which an application for a patent is filed. Involve an inventive step –An invention involves an inventive step that would not be obvious to someone with a good knowledge and experience of the subject. Be capable of industrial application –An invention must be capable of being made or used in some kind of industry.

10 Patents: An example Frames for two-wheeled cycle vehicles Patent Number: US3195923 Publication date: 1965-07-20 Inventor(s): ERIC MOULTON ALEXANDER Applicant(s): MOULTON CONSULTANTS LTD Requested Patent: GB1017383 Application Number: US19620238463 19621119 Priority Number(s): GB19610043068 19611201 IPC Classification: EC Classification: B62K3/10, B62K15/00 Equivalents: DE1505230, DK116494B = The “Moulton” bicycle

11 Example Patent Application

12 Source: UK Patent Office What is a Design? A registered design is a monopoly right for the appearance of the whole or a part of a product resulting from the features of the: lines, contours, colours, shape, texture, materials of the product or its ornamentation. To qualify for registration, your design must: 1. be new and 2. have individual character

13 Source: UK Patent Office Registered Design: Example Design #3013778 Company Name: Breitling S.A. Address: Schlachthausstrasse 2 Case postale 1132 CH-2540 Grenchen Country Code: CH Interest Type: Proprietor

14 Source: UK Patent Office Registered Design: Example Design #3009789 Company Name: LG Electronics Inc. Address: 20 Yoido- Dong Yongdungpo-Gu Seoul Country Code: KR

15 Source: UK Patent Office What is a Trade Mark? A trade mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes, for example, words, logos, pictures, or a combination of these. Basically, a trade mark is a badge of origin, used so that customers can recognise the product of a particular trader.

16 Source: UK Patent Office What is a Trade Mark? To register your trade mark it must be: distinctive for the goods or services which you are applying to register it for, and not deceptive, or contrary to law or morality, and not similar or identical to any earlier marks for the same or similar goods or services.

17 Source: www.bitlaw.com Trade Mark: Examples Logo: Word: Apple Slogan: Letters & Design: Pictures or Drawings:

18 Source: UK Patent Office What is Copyright? It is an unregistered right unlike patents, registered designs or trade marks. Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, e.g. on paper, on film, via sound recording, as an electronic record on the internet, etc. It is a good idea for you to mark your copyright work with the copyright symbol © followed by your name and the date, to warn others against copying it, but it is not legally necessary in the UK.

19 Source: UK Patent Office What is Copyright? The type of works that copyright protects are: 1.original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases, but not names or titles; 2.original dramatic works, including works of dance or mime; 3.original musical works; 4.original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos; 5.published editions of works, i.e. the typographical arrangement of a publication; 6.sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary; 7.films, including videos; 8.broadcasts.

20 Copyright: Example Written by: Climie/Morgan (£££) Distributed by: Epic Records (££) Performed by: Aretha Franklin & George Michael (£)

21 IPR assignment IPR can be assigned or licensed as a whole or in part to provide a potential source of revenue. Licence agreements should cover: –Exclusivity –Territory –Time –End Use e.g. beer “brewed under license in the UK”

22 Acknowledgements: UK: www.patent.gov.ukwww.patent.gov.uk Europe: www.european-patent-office.orgwww.european-patent-office.org USA: www.uspto.govwww.uspto.gov Technology Licensing Office M.I.T., http://web.mit.edu/tlo/www/index.html http://web.mit.edu/tlo/www/index.html Centre for Intellectual Property Policy & Management, Bournemouth University: www.cippm.org.uk www.cippm.org.uk Examples of Trademarks and other USA IPR law: www.bitlaw.com A good site, well explained for the uninitiated. www.bitlaw.com


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