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Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
Matthew howell   the role of ip in competitive strategy
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Matthew howell the role of ip in competitive strategy

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TSS Core 4: Competitive Strategy - Monday 8th November

TSS Core 4: Competitive Strategy - Monday 8th November

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  • 1. ® ™ ©
  • 2. The Role of Intellectual Property in Competitive Strategy Matthew Howell Senior Associate Withers & Rogers LLP
  • 3. The Role of IP in Competitive Strategy • Intellectual Property ≠ Competitive Strategy! • But IP should be carefully considered as part of your competitive strategy • Why? • Intellectual Property rights are legal monopolies that can be used to prevent others from doing things • So can protect and enhance your competitive position
  • 4. What is Intellectual Property? Registered Trade Marks Patents Common Law Trade Marks Registered Designs Know How Utility Models IP Copyright/D atabase rights Design Right
  • 5. • Protect technical features of a product or process • Allow owner to prevent commercial dealings in the patented invention • Up to 20 years duration • Invention must be new and inventive • No non-confidential disclosure prior to filing application • Certain things are excluded by law from patent protection Patents
  • 6. Software Patents – UK and Europe • Computer programs “as such” are not patentable in the UK and at the European Patent Office • But it is possible to obtain protection for certain types of “computer implemented invention” • For the European Patent Office the invention must produce a “technical effect” • The UK Intellectual Property Office requires an "inventive contribution" which is "technical" in nature
  • 7. Mary had a little lamb, its fleece was white Mary had a little lamb, its fleece was white as snow and everywhere that Mary went, that lamb was sure to go. "Technical Effect" at the EPO
  • 8. Software Patents – US Perspective • Patentable inventions: any “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” • 3 specific exceptions to patentability: "laws of nature, physical phenomena and abstract ideas” • US Patent system traditionally more liberal on computer programs than UK and EPO
  • 9. Community Design Registration No.000748280-006 . • Protect the appearance of a product • Allow owner to prevent commercial dealings in products identical to or similar to the registered design • Up to 25 years duration • Design must be new and must have individual character • Application must be filed within 12 months of first public disclosure Registered Designs
  • 10. Registered Trade Marks Community Trade Mark Registration No. 006314546 • Protect signs which distinguish the goods/services of one undertaking from those of another • Allow owner to prevent use of the mark registered, or similar mark, in relation to the goods/services for which it is registered • Must be capable of distinguishing • Words, logos, colours, shapes, sounds are registrable • Indefinite duration, renewable every 10 years UK Trade Mark Registration No.2460723
  • 11. • Identify what makes you competitive • Can it be protected? • If so, move quickly to protect it • Mark your products and literature (pat. pending, ®, ©,™) to ensure that competitors are aware of your IP • Be vigilant for infringers and enforce your IP rights • Use your distribution networks and supply chain to help identify infringements IP in Competitive Strategy
  • 12. IP in Competitive Strategy • Look at your competitors’ IP to ensure that you do not infringe, and to find out more about what they are doing and planning • Protect improvements to your own technology and potential improvements to competitor technology • Is there third-party IP in different fields that you could exclusively licence in to improve your product? • Review your IP position regularly; your strategy may change as your business grows
  • 13. Example • In 1991 25% of all vacuum cleaners sold in the UK were made by Hoover • In 2001 more than 50% of the vacuum cleaners in the UK were sold by Dyson • In 2001 Hoover’s market share had dropped to less than 10% • In 2010 Dyson’s market share was 40% and operating profits were £190m
  • 14. Example Dyson DC 01Dyson DC 01 • 19 April1979: Dyson’s first UK patent application filed • 17 June 1981: European patent application no. 0042723 “Vacuum Cleaning Appliance” filed • 21 August 1985: Dyson European patent no. 0042723 granted • 1993: Dyson DC 01 launched • “The first vacuum cleaner not to lose suction”
  • 15. Example • In 1998 Dyson sold 1.4m units worldwide, generating revenues of £190m • In 1999 Hoover launched the “Triple Vortex” vacuum cleaner to compete with Dyson products • Dyson instigated patent infringement proceedings against Hoover at the UK High Court and won • In the High Court judgement of 2000, Hoover was ordered to stop supplying the Triple Vortex, Dyson was awarded £4m damages
  • 16. Example • DC01 also protected by registered design • Dyson trade mark registered • To date, Dyson has filed >1000 patent applications • 119 Community Design applications • 65 Community Trade Mark applications UK Registered Design No. 2027539UK Registered Design No. 2027539 UK Trade Mark Registration No. 2000035 (Filed 31/10/94)UK Trade Mark Registration No. 2000035 (Filed 31/10/94) UK Trade Mark Registration No. 2316407 (filed 21/11/2002)UK Trade Mark Registration No. 2316407 (filed 21/11/2002)
  • 17. • Identify what makes you competitive • Can it be protected? • If so, move quickly to protect it • Mark your products and literature (pat. pending, ®, ©,™) to ensure that competitors are aware of your IP • Be vigilant for infringers and enforce your IP rights • Use your distribution networks and supply chain to help identify infringements IP in Competitive Strategy
  • 18. IP in Competitive Strategy • Look at your competitors’ IP to ensure that you do not infringe, and to find out more about what they are doing and planning • Protect improvements to your own technology and potential improvements to competitor technology • Is there third-party IP in different fields that you could exclusively licence in to improve your product? • Review your IP position regularly; your strategy may change as your business grows
  • 19. • UK Intellectual Property Office: www.ipo.gov.uk • Free online patent searching: http://ep.espacenet.com/ • Free online trade mark searching UK: http://www.ipo.gov.uk/types/tm/t-os/t-find.htm, European: http://oami.europa.eu/CTMOnline/RequestManager/en_S earchAdvanced_NoReg • Free online design searching UK: http://www.ipo.gov.uk/types/design/d-os/d-find.htm, European: http://oami.europa.eu/RCDOnline/RequestManager • Patent attorneys! Resources
  • 20. Thank you Matthew Howell mhowell@withersrogers.com © Copyright Withers & Rogers LLP 2010

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