Intellectual Property for start-ups Innovation ACT Canberra - 23 August 2016 Matthew Lee Assistant Director – Start-up and small business engagement

IP Australia – what we do Administer Australia’s patents, trade marks, designs and plant breeder’s rights system Undertake public education and awareness programs about IP Provide policy advice to government on intellectual property issues Contribute to trade negotiations and international forums and activities to improve IP rights protection globally

What is IP? IP = Intellectual Property. Intellectual Property describes the application of the mind to develop something new and original. …or the expression of an idea in some form! A new invention Brand Design Artistic Creation

Registered Trade Mark for the brand, Scrubba® Registered Patent for the washboard surface inside the bag. ‘IP has provided a veil of protection against bigger companies with bigger budgets for marketing and product development’ – Ash Newland Registered Design for the shape for the packaging. All images, videos and marketing content are protected using Copyright The four pillars of IP

Non-Disclosure Agreements Provide a contractual guarantee that can keep trade secrets safe Prevents disclosures from being considered public Can last an indefinite period Be prepared that some communities do not accept NDAs

The value of IP rights Google Inc’s acquisition of Motorola: US$12.4b Kraft’s acquisition of Cadbury: US$24.9b US$5.5b US$10.3b Source: Griffith Hack, Google Inc, S10-K filing

The value of IP rights  Apple® returns - 58%  Other technology - 14%  Materials - 22%  Labour: non-China - 4%  Labour: China - 2%

Why is protecting IP important? IP is a valuable business asset and should be an integral part of your overall business strategy Registration provides protection from copy cats – legally enforceable Supports further R&D by others Can open up new opportunities and revenue streams BUT Costs – registration and enforcement Unregistered rights and open source

IP as insurance Early decisions on your IP will save you headaches later on Treat IP protection as an insurance measure Filing fees: – Provisional patent application = $110 – TM Headstart and registration = $500 – Design registration = $250

Business names v Trade Marks

Image source: name/story-fni0fit The Fat Duck v the Loose Goose

Protecting Digital IP Apps and other digital products can be difficult to patent – need to demonstrate technical nature in the substance of the invention, not just a business innovation. Look to other forms of protection such as brand and being first to market. Copyright protects creative works which includes computer code.

Contractors Contractors retain IP by default Look to the conditions of the contract – is IP assigned or licenced? Keep track of ownership against each piece of IP ‘Hiring contractors is very common in any business, but did you know you will own any IP you create and will legally be able to disclose and re-use the IP?”

Going international No worldwide right Different countries have different requirements Consider international strategy early – target your main viable markets

Look before you leap! Whether you decide to register or not, it is wise to conduct a search to see what has been registered before you Conduct a “freedom to operate” search on patent databases – Google Patents – The Lens – AusPat Also search on trade mark databases – ATMOSS

Top tips 1. Search the registers, social media and the internet before choosing and developing your brand, invention or design. 2. Registered Business Names and Trade Marks are different. 3. Get in early – do all your registrations as soon as possible, including future brands and domain names. 4. Going overseas? Develop and implement an IP strategy first! 5. Visit the IP Australia website for more information.

Contact us facebook.com/ipaustralia.gov.au twitter.com/IPAustralia linkedin.com/company/ip-australia youtube.com/user/ipaustralia (9am – 5pm)