Feeling exposed: Understanding your Intellectual Property Rights 25 February 2009 Nisha Baveja, Solicitor at Briffa A Law Firm Specialising in Intellectual Property and Information Technology

What are Intellectual Property Rights? Copyright Design Rights Trade Marks How to protect yourself commercially Overview

What are Intellectual Property Rights?

Copyright

Design Rights

Trade Marks

How to protect yourself commercially

Copyright Copyright Automatic creation in certain works (e.g. literary, artistic, film) Who owns copyright? Rights of owner: exclusive property rights to re-use, copy, licence etc Duration Infringement Primary - copying all or a substantial part How to protect International protection under Berne Convention

Copyright

Automatic creation in certain works (e.g. literary, artistic, film)

Who owns copyright?

Rights of owner: exclusive property rights to re-use, copy, licence etc

Duration

Infringement

Primary - copying all or a substantial part

How to protect

International protection under Berne Convention

Design Rights Unregistered (arise automatically in UK and Europe) What does it protect? shape and configuration in original designs Duration Registered Design Rights What designs can be registered (new, individual character, 2D and 3D) Duration Territorial right / time limits What rights does the owner have? Exclusive property rights to produce articles to that design Exclusive right to “licence” the design right

Unregistered (arise automatically in UK and Europe)

What does it protect? shape and configuration in original designs

Duration

Registered Design Rights

What designs can be registered (new, individual character, 2D and 3D)

Duration

Territorial right / time limits

What rights does the owner have?

Exclusive property rights to produce articles to that design

Exclusive right to “licence” the design right

Trade Marks What is a trade mark? Sign capable of distinguishing owner Distinctive/non-descriptive Types Unregistered Registered Territorial right 6 month priority period to extend national right

What is a trade mark?

Sign capable of distinguishing owner

Distinctive/non-descriptive

Types

Unregistered

Registered

Territorial right

6 month priority period to extend national right

Managing your IP Portfolio Exploiting your rights Money making methods: Commissioning Freelancing Assignment (sale) Licence (give permission to another) Manufacturing Distribution

Money making methods:

Commissioning

Freelancing

Assignment (sale)

Licence (give permission to another)

Manufacturing

Distribution

Catalogue what you have Keep records (work and press cuttings) Use IPR notices Confidentiality Agreements Have written contracts in all dealings - ownership of IP, payment Exhibitions - risk v benefits and effect on RDR Infringement - balanced enforcement strategy Expect and budget Consider insurance (DesignProtect) Call in help Protecting yourself commercially

Catalogue what you have

Keep records (work and press cuttings)

Use IPR notices

Confidentiality Agreements

Have written contracts in all dealings - ownership of IP, payment

Exhibitions - risk v benefits and effect on RDR

Infringement - balanced enforcement strategy

Expect and budget

Consider insurance (DesignProtect)

Call in help

Managing your IP Portfolio Conclusion Identify your IP Protect your IP Exploit your IP Don’t get ripped off!!

Identify your IP

Protect your IP

Exploit your IP

Don’t get ripped off!!

A Law Firm Specialising in Intellectual Property and Information Technology Business Design Centre 52 Upper Street Islington London N1 0QH www.briffa.com