Ron Zink from Microsoft Corp. describes how to protect intellectual property and strengthen brand in innovative business. The presentation was delivered at the IAMCP Europe annual summit in 2012. Join the IAMCP (www.iamcp.org) and stay in touch day-to-day.

1. How to Protect Your
Brand and Innovation
Ron Zink, Associate General Counsel, Microsoft Corporation
Photograph©ChrisHarvey|Agency:Dreamstime.com

2. IP as a Business Tool
 Think Comprehensively
– Where is your market?
– What differentiates you from competitors?
– Who are you partnering with?
 Develop and Own Your Plan
– Understand Your Goals
– Prioritize
– Measurement
 Use Available Resources
– Free tools online
– Professionals
–Ask the right questions
–Scope the work
–Set budgets

3. Trademarks – How can you protect your brand?
• The first IP protection most
companies seek is for their
brand.
• Business Week/Interbrand
report that the Top 10 global
brands represent a collective
value of $423 billion.
1 $68,734m
2 $60,211m
3 $56,647m
4 $47,777m
5 $34,864m
6 $32,275m
7 $31,980m
8 $31,330m
9 $30,636m
10 $28,447m
http://www.interbrand.com/best_global_brands_intro.aspx

4. Trademarks – How can you protect your brand?
• Trademarks generally must be
registered to receive protection.
• Trademarks must meet certain
legal requirements to be
registered.
– A symbol – word, graphic, etc.
– Distinctive
– Used in connection with goods or
services
– Not descriptive or generic
– Not the same as or confusingly similar
to another registered or famous
trademark
– Not deceptive or against public policy
• Trademarks are often indicated
by ® or ™ symbols.

5. Trademarks & Domain names – Protecting your brand
• You can search on-line to see if your
mark is already registered.
– UK: www.ipo.gov.uk/types/tm/t-os/t-find.htm
– EU:
oami.europa.eu/CTMOnline/RequestManager/en_Sear
chBasic
• You can register a trademark on-line.
– UK: www.ipo.gov.uk/types/tm/t-os.htm (£200+)
– EU:
http://oami.europa.eu/ows/rw/pages/QPLUS/forms/elec
tronic/fileApplicationCTM.en.do (€900+)
• You can register your domain name.
– Offive Live Small Businesss:
http://www.microsoft.com/smallbusiness/products/offic
e/microsoft-office-live/default.aspx#overview
– Tips for picking a name:
http://office.microsoft.com/en-
us/officelive/FX102041591033.aspx?ofcresset=1

6. Copyright – How can you protect your ‘expression’?
• Copyright covers all kinds of
creative and technical
expression, including computer
programs, websites, photos,
film, manuals and other text.
• In the EU, copyright protects all
forms of ‘expression’ of
software– not just source and
object code but also GUIs, for
example.

7. Copyright – How can you protect your ‘expression’?
• Copyright protection is
automatic when the work is
created. It is not necessary to
register a copyright in the EU
and most other countries.
• Many developers do register
copyright works with the US
Copyright Office, which
provides evidence of copyright
and some litigation benefits.
http://www.copyright.gov/eco/ ($35+)
http://www.copyright.gov/records/

8. Patents – How can you protect your inventions?
• Patents are available for
technical inventions in any field
of technology.
• There are both design & utility
patents.
• Patents provide broad
protection for the functionality
or underlying principle of an
invention.
• Inventions must meet a 3-part
test to be patentable.
•Has it ever been done before or
completely described in a published
document?
•US: “New”
Novel
•Would someone of ordinary skill in the
technological field come up with this,
even if not completely described before
in one place? Does the invention make
a ‘technical contribution’?
•US: ‘Non-obviousness’
Inventive
Step
•What does the invention accomplish –
does it accomplish what it’s intended to
do?
•EU: Industrial Applicability
Industrial
Application

9. Patents – How can you protect your inventions?
• Patents must be registered in
order to give you protection.
– UK/EU: search for patents at
http://gb.espacenet.com/search97cgi/s97_cgi
.exe?Action=FormGen&Template=gb/en/qu
ick.hts

10. Case Study
 Business Model
 Hardware
 Peripherals
 Games
 Xbox Live

11. Peripherals

12. Games

13. Xbox Live

14. Intellectual Property, Small Business and the EU
Key messages:
1. Small businesses rely on IP.
2. Patents are important to protect
all kinds of ICT innovations,
including those embodied in
software.
3. Small businesses need better cost-
effectiveness and access to the IP
system, particularly in any new EU
patent.
4. There is help out there.
61
42
39
51
22
49
0 20 40 60
Market Share
increased
Turnover increased
N.of employees
increased
ICT SMEs with IPR
ICT SMEs without IPR
IP use by SMEs means increased market
share, turnover, employment
89% of ICT SMEs use IPRs
46% use or plan to use copyright
32% use or plan to use patents
50% of open-source software developers
use patents
10%+ higher market share, turnover,
employee growth for IP owners
2.1% expected annual growth in IT
spending 2008-2013
0.0% expected annual GDP growth in
economy overall 2008-2013
IDC study for European Commission, Intellectual Property Rights and Competitiveness: Challenges for ICT-Producing
SMEs (2008), http://www.ebusiness-watch.org/studies/special_topics/2007/documents/Study_08-2008_IPR.pdf

15. How to Protect Your
Brand and Innovation
Ron Zink, Associate General Counsel, Microsoft Corporation
Photograph©ChrisHarvey|Agency:Dreamstime.com