Formula 1 racing and ip protection

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Formula 1 racing and ip protection

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Formula 1 racing and ip protection

  1. 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com FORMULA ONE RACING AND IP PROTECTION N.Vignesh Kumaran Patents & Designs Department, Altacit Global
  2. 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com INTRODUCTION Formula One was first defined in 1946 by the Commission Sportive Internationale (CSI) of the Federation International Automobile (FIA), forerunner of FISA, as the premier single seater racing category in worldwide motorsport to become effective in 1948. When the 500c formula was internationally recognised as Formula 3 in 1950 it was never titled as "Formula C" so the three International Formulae were "officially" titled Formula 1, Formula 2 and Formula 3. The regulations governing the cars are unique to the championship. The Formula One regulations specify that cars must be constructed by the racing teams themselves, though the design and manufacture can be outsourced.
  3. 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com PATENTING F 1 RACING • At the start of the 2014 F1 season some significant changes to the rules and regulations were introduced, including changes affecting engines and car designs. Although it has been a successful season these changes can make it difficult to use patents effectively. • Formula 1 teams do obtain patents for their technical innovations, but these are usually for inventions which have relevance in a commercial context, such as technology with application to production cars: see McLaren`s patent US 6168545 B1 for geared automotive differential mechanisms to transfer torque to the wheels.
  4. 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONT…. • Another example where the innovation would have commercial application outside of Formula 1 is the telemetry and data innovations developed by McLaren Applied Technologies. In Formula 1, this technology has been used in the Standard ECU’s (electronic control units). McLaren Applied Technologies has broadened the application of these to diverse settings like children hospitals and London’s Heathrow Airport. These sorts of commercial applications should foster a greater attention to patenting.
  5. 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com REASONS FOR AVOIDING PATENTS • Formula 1 typically involves prototype cars, which are not manufactured for commercial sale, the benefit of patent exclusivity to provide an advantage in the marketplace is less evident. • For one, obtaining a patent for an invention takes time, meaning that the technology would likely become obsolete in the Formula 1 environment by the time that the patent is granted.
  6. 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONT… • In the context of Formula 1, where races are sometimes won by milliseconds, every little advantage counts. Therefore, there is a clear incentive to keeping a new invention “in-house”, rather than disclosing it to the public. Formula 1 team prefers to rely on what are commonly called “trade secrets” in order to protect their technical advantages. • Further controlling people’s access and use of information by confidentiality agreements, employment contracts, manufacturing or supply contracts. By using secrecy as a tool to develop cars for the upcoming season, teams ensure that their ideas protected, and they get the first mover advantage.
  7. 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com TRADE SECRETS • Trade secrets are essentially of two kinds. On the one hand, trade secrets may concern inventions or manufacturing processes that do not meet the patentability criteria and therefore can only be protected as trade secrets. This would be the case of customer’s lists or manufacturing processes that are not sufficiently inventive to be granted a patent. On the other hand, trade secrets may concern inventions that would fulfil the patentability criteria and could therefore be protected by patents.
  8. 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com COPYRIGHT • Copyright is a form of intellectual property (as patents, trademarks and trade secrets) right created by the law of a country, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort.
  9. 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CASE LAW FORCE INDIA AND AEROLAB • The case centred around work done on the 2010 Caterham car, which was then known as Team Lotus. The work was undertaken by the wind tunnel company Aerolab, which had previously worked with Force India. • Aerolab sued Force India for unpaid bills and Force India countersued for "misuse of confidential information relating to the design of a wind tunnel model as well as claims for infringement of copyright". • Force India have issued a statement saying the judge had found "Team Lotus and Aerolab liable for copyright infringement and using confidential information respectively. Some parts created using Force India confidential information were used on the Team Lotus race cars in the early part of the 2010 season". The judgment has been referred to the sport's ruling body, the FIA, by Force India.
  10. 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CASE LAW 2 • Ferrari alleged that former employee Nigel Stepney has passed on critical technical details to McLaren. A hearing resulted in several penalties for McLaren for illicitly collecting and holding information from Ferrari to confer a dishonest and fraudulent sporting advantage. McLaren was excluded from the constructors’ standings and a record fine of US100 million was imposed.
  11. 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONCLUSION Formula one teams should be encouraged more by the Federation International Automobile (FIA) to develop technologies that are Con applicable in production or commercial cars, which can bring many changes on patenting activities of F1.
  12. 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THANK YOU

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