intellectual property Flashcards
What is intellectual Property?
- Creations of the mind
o Technological/Scientific - inventions, software, databases, genetically engineered plant varieties, mathematical algorithms
o Technologically produced - films, TV programs, broadcasts, sound recordings, printed matter, photographs …
o Artistic - music, songs, art, sculptures, literature, poetry, drama, …
o Commercial – brands, company names, trade marks, product designs, business methods, product packaging, manufacturing processes …
What are the different ways of protecting IP rights?
- Require Registration o Patents o Registered Trademarks o Registered Designs - No registration required o Copyright o Unregistered designs o Trade secrets o Know-how
How should you begin thinking about IP?
- Identify the IP
- Assess its value (Actual and Potential)
- Determine the best way to protect it
What is a patent?
- A 20 year geographic monopoly right
o Excludes others from making, using, or selling an invention - A patent must be maintained by renewal fees every year after the 5th year in each territory in which the patent is in force
What does the patent application process require?
- Examination by a patent examiner
- The meeting of critical milestones in terms of timings
What can be patented?
- Must satisfy 3 hurdles
o Novel – there must be no prior public disclosure
o Inventive – or ‘non-obvious’
o ‘Technical’ – areas where boundaries are currently being pushed include financial services and business methodologies
How is the novelty of a patent assessed?
- Compared against the state of the art
o Examination against everything that is publicly available anywhere in the world including self-disclosure by the inventor - Compared against anything that could be considered Prior Art
What is a trade mark?
- A sign which is capable of distinguishing goods or services of one company from those of another – a badge of origin
o Logos; Colours; Sound; Gestures; Smell; Packaging marks - Protects goodwill - the reason your customers choose your product or service over your competitors – can be built up over time
What cannot be registered as a trademark?
- Descriptions of goods/services or their characteristics
o Quality, Quantity, Purpose, Value, Geographic origin - Words/symbols that have become customary in specific industry sectors (e.g. generic terms)
- Trade marks which are not distinctive
- Three dimensional shapes, if the shape is functional or adds value to the goods (or part of them)
- Trade marks which are contrary to any given law
- Offensive trademarks
- Deceptive trademarks
Why are Trade Marks important?
- A single company might sell a large range of differently branded goods
o The only way to ensure exclusive rights to use their brand names is to own the registered Trade Marks for those goods
What can be protected using registered designs?
- New product designs having individual character
What are the pre-requisites for design registration?
- The design must be new
- The design must have individual character
o It must give an appearance of originality - Design registration can be used to fill the gap between copyright and patent protection
What is a registered design?
- A monopoly right for the appearance of the whole or part of a product
o It protects the features, contours, shape, texture and materials of a product or its ornamentation
o It gives exclusive right to make, use or stock any item incorporating your design and to take action against those who infringe this right
o Registration in the UK and Europe lasts for five years initially but can be renewed every 5 years for a max of 25 years
What is Copyright?
- Automatic protection for the expression of ideas
- No requirement for registration
What protection does Copyright afford?
- Duration of protection generally 70 years from the authors death
- Limited protection for industrially exploited ideas
- Right only protects against copying not against independent creation
