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Patent and Trade Mark AttorneysBeing Proactive in Protecting Your Business
Emma Johnson   Associate
Introduction• What is intellectual property, and why should  it be protected?• An overview of the different types of  Inte...
Intellectual Property (IP)What is it?•   Virtually anything that is the product    of creative thought    For examples:   ...
Why should we protect our IP?•    It costs you something to create it•    It has a value to your business•    That value c...
Yes?
You need to protect the IP concerned
Main Forms of IP protection•   Copyright•   Design right•   Registered designs•   Registered trade marks•   Patents
Copyright
Copyright•   Covers:     – Written works,                                                ©     – Artistic creations, such ...
Copyright•   Automatically created when the picture is taken, text written,    etc.•   No need to register copyright in th...
Copyright – who owns it?•   The creator is the first owner, unless     – the work is created by an employee in the course ...
Designs
Design Right (Unregistered designs)•   Covers the shape or configuration of industrially produced    items•   There are so...
Design Right (Unregistered designs)•   Only infringed by copying•   Need good records of creation to enforce•   Creator is...
Registered Designs•   Need to apply for protection     – generally within 1 year of publishing the design     – before dis...
Registered Designs - advantages•   Can protect 2-dimensional designs, e.g. patterns, as well as    3D designs•   Last up t...
Patents
Patents•   Protect inventions     – e.g. a product, or how it is made, or how it works•   The invention needs to fulfil th...
Is a patent the right form of protection?   • YES, if you want to:      – protect a market and keep competitors out      –...
Confidentiality   • Avoid disclosure before filing a patent     application, if possible    • If the invention must be dis...
Trade Marks
Trade Marks•   Protect your trade mark (word, logo, scent,    jingle, slogan, etc.)•   Trade marks should be distinctive a...
Types of trade marks                KODAK                        ®
Registered Trade Marks•   Easier to enforce than unregistered    rights                                               ®•  ...
A real life example…Apple and iPhone are          The appearance of theregistered trade marks        phone is protected by...
Thank you for your attention ejohnson@forresters.co.uk
More InformationWhere to find us…• Forresters Patent & Trade Mark Attorneys   www.forresters.co.ukOther useful links• UK I...
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Protecting Your Ideas, Designs and Brands

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Protecting Your Ideas Designs and Brands Through Correct Use of Patents, Copyrights and Design Registration

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Transcript of "Protecting Your Ideas, Designs and Brands"

  1. 1. Patent and Trade Mark AttorneysBeing Proactive in Protecting Your Business
  2. 2. Emma Johnson Associate
  3. 3. Introduction• What is intellectual property, and why should it be protected?• An overview of the different types of Intellectual Property (IP) right• Steps you can take to protect your rights
  4. 4. Intellectual Property (IP)What is it?• Virtually anything that is the product of creative thought For examples: ® • Designs • Photographs & Pictures • Trade marks • Text • Inventions
  5. 5. Why should we protect our IP?• It costs you something to create it• It has a value to your business• That value can be reduced if it is misusedAsk yourself: “Would I be annoyed if someone else used my photographs, website text, designs, brand names?”
  6. 6. Yes?
  7. 7. You need to protect the IP concerned
  8. 8. Main Forms of IP protection• Copyright• Design right• Registered designs• Registered trade marks• Patents
  9. 9. Copyright
  10. 10. Copyright• Covers: – Written works, © – Artistic creations, such as paintings, – Photographs, – Music, including lyrics, – Broadcasts and films, – Spoken word and performances, – Computer programs and databases, – And more…
  11. 11. Copyright• Automatically created when the picture is taken, text written, etc.• No need to register copyright in the UK• The work needs to be original• Generally lasts for the life of the creator plus 70 years• Only infringed by copying• Need good records of creation to enforce
  12. 12. Copyright – who owns it?• The creator is the first owner, unless – the work is created by an employee in the course of their employment – then the first owner is the employer• IMPORTANT: If you commission someone to create copyright works you should obtain a written assignment of the copyright
  13. 13. Designs
  14. 14. Design Right (Unregistered designs)• Covers the shape or configuration of industrially produced items• There are some exceptions: – 2-dimensional patterns – Designs which are ordinary or “commonplace” – Features which must have a certain appearance in order to fit another part or which must match another part• Comes into existence automatically – does not have to be registered• Life span max 15 years
  15. 15. Design Right (Unregistered designs)• Only infringed by copying• Need good records of creation to enforce• Creator is the first owner, unless: – The design is created as part of employment, in which case the employer is first owner, or – The design is created as a result of a commission – then commissioner is owner
  16. 16. Registered Designs• Need to apply for protection – generally within 1 year of publishing the design – before disclosure out of confidence if you want protection in some countries outside of Europe• Need to file application which includes “representations”, i.e. drawings or photographs of the design• Protects what a product looks like
  17. 17. Registered Designs - advantages• Can protect 2-dimensional designs, e.g. patterns, as well as 3D designs• Last up to 25 years if renewal fees paid every 5 years• Infringed by making something that looks the same or very similar – no need for copying• Can be complementary to patent protection
  18. 18. Patents
  19. 19. Patents• Protect inventions – e.g. a product, or how it is made, or how it works• The invention needs to fulfil the patentability criteria• Lasts for up to 20 years if annual renewal fees paid• Infringed by anyone who uses the patented invention, in the relevant territory, without permission• Person entitled to apply is the inventor, unless an invention is made in the course of employment when it is the employer• Again beware if you commission a development
  20. 20. Is a patent the right form of protection? • YES, if you want to: – protect a market and keep competitors out – use as a bargaining tool – irritate a competitor • NO, if: – Obtaining patent protection will not be cost-effective – for example your product will have a short life – Your proposal is already known
  21. 21. Confidentiality • Avoid disclosure before filing a patent application, if possible • If the invention must be disclosed: − the disclosure should be minimal − must be made in confidence (preferably only after signing a confidentiality agreement)
  22. 22. Trade Marks
  23. 23. Trade Marks• Protect your trade mark (word, logo, scent, jingle, slogan, etc.)• Trade marks should be distinctive and not descriptive of the goods or services you intend to provide• Can be very valuable
  24. 24. Types of trade marks KODAK ®
  25. 25. Registered Trade Marks• Easier to enforce than unregistered rights ®• Can last indefinitely• Infringed by the use of the same or similar mark used in connection with the same or similar goods/services• Renewal fees (payable every 10 years in most territories)
  26. 26. A real life example…Apple and iPhone are The appearance of theregistered trade marks phone is protected by registered designsThe technical features of The software whichthe phone are protected makes the phone work,by a multitude of patents the user manuals and promotional materials are protected by copyright
  27. 27. Thank you for your attention ejohnson@forresters.co.uk
  28. 28. More InformationWhere to find us…• Forresters Patent & Trade Mark Attorneys www.forresters.co.ukOther useful links• UK Intellectual Property Office www.ipo.gov.uk• Chartered Institute of Patent Attorneys (CIPA) www.cipa.org.uk• Institute of Trade Mark Attorneys (ITMA) www.itma.org.uk• Business Insight/Creative Insight – Birmingham Central Library http://www.birmingham.gov.uk/businessinsight
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