Are intellectual property (IP) rights an asset for your company? Dr. C. May * , Member of the German Patent and Trademark Office (DPMA), Department for Information Technology *The presentation reflects the personal opinion of the author.
What is intellectual property? Intellectual property rights protect the information or knowledge in creations Intellectual Property Copyright Industrial Property Rights Expression of information with a stamp of the author’s personality Characteristic as regards a product or service from a consumer perspective Work based on ideas Other work
Instruments of protection Inventions Patents and utility models Independently created product designs that are new or original Industrial design Distinguishing signs and symbols Trade marks Geographical name of a country, region or locality Geographical indications, appellations of origin Honest practices Protection against unfair competition Example Habana Call for boycott Alessi: Il concio Potter‘s wheel 3500 BC
Trade marks distinguish products Source: <http://www.flickr.com/photos/54133554@N00/280543406/>
which distinguishes the trade origins of identical or related goods and services.
A trade mark is the `business card´ of your goods or services.
Traditional trade marks Words: Santander Rolex Procter & Gamble IBM Adidas Just do it Logos: Puma AG Deutsche Bank Intel Versace
Versace’s Medusa registered for:
goods in precious metals
glassware, porcelain and earthenware
Non-traditional trade marks 3-D: Colours: Sounds: The Coca Cola Company BP Kraft Foods Toblerone Dr. Ing. h.c. F. Porsche AG: Boxter-S Kraft Foods : Chocolate Deutsche Telekom AG Nestlé Kraft Foods : Milka
Statistics of community trade marks <http://www.ohim.eu.int/pdf/office/SSC009-Statistics_of_Community_Trade_Marks_2006.pdf> 0,00 1 Olfactory 0,00 3 Hologram 0,01 28 Sound 0,05 163 Other 0,03 87 Colour 0,55 1.639 3D 36,14 107.243 Figurative 63,21 187.568 Word Mark % Registered Trade Marks 1997 - 2005 Type of mark
European community (at OHIM, Alicante or a national trademark office)
international (Madrid Protocol, WIPO) (at national trade mark office or OHIM, Alicante)
protection of a trade mark is
limited to goods or services applied for
unlimited renewable, if the trade mark is used
enforceable by ordinary national courts
Design encompasses our lives Source: C. M. Gantz: Design Chronicles: <www.idsa.org> Scott Shim: SHIFT Concept Bicycle <http://www.idsa.org/idea/idea2005/g7.htm> Berliner Gramophone 1896 Model T Ford 1913 MMT 8 Table Lamp: 1923 Vienna Cafe Chair 1925 Horwitt: The M useum Wa tch 1958 IBM Selectric I Typewriter: 1961
national design protection: individual EU member states, Benelux.
unregistered community design: prevents deliberate copying for 3 years
registered community design: exclusive right of the commercial use up to 25 years; 1 year grace period
single international deposit with WIPO or the national office of a country.
Comparison of industrial designs and 3D-community trade marks appearance of a novel creation indicator of origin renewable for periods of 5 years up to 25 years unlimited renewable for periods of 10 years; genuine use within 5 years required. novel and individual character at time of filing (grace period 1 year) distinctive as regards to the products or services which have been applied for registered design registered trade mark
international (PCT) (at national patent office or EPO)
Within one year after the first filing of a patent application, the patent application may be filed within another country with the priority of the first filing date
Patents create a 20 years lasting monopoly starting from the filing date
Patents protect creative solutions to technical problems "My attention was first directed to the mechanical removal of dust from carpets in 1901 […]. […] the air was blown down into the carpet from two opposing directions while the box was pushed over the carpet. […] I thought over the matter for a few days and tried the experiment of sucking with my mouth against the back of a plush seat in a restaurant in Victoria Street with the result that I was almost choked. I came to the conclusion that I could construct a machine to work by suction. (Source: Booth, C.H.: “The origin of the vacuum cleaner" In: Transactions of the Newcomen Society, 1934-35 Vol 15. ) The solutions may be fundamental or incremental
Chester F. Carlson en.wikipedia.org Xerox 914 photo copier . en.wikipedia.org When the product is mature, patent protection may be at the end Revenue of US $ 500 million 1965 Revenue of US $ 60 million 1961 End of patent protection 1959 Introduction of the first automatic copier 1959 Introduction of the first photocopier, Model A 1949 License for xerography sold to Haloid 1947 Filed US patent application; granted 1942 1939 Prototype of a photocopier using the xerography (dry writing) by Chester Carlson 1938
Concerning the German copyright, the threshold of originality of fine arte is lower than the one for applied art.
The logo of Franz Zauleck, “The Running Eye”, 1993, is ineligible for German copyright, because it does not clearly surpass average industrial logo design. (BVerfG, 1 BvR 1571/02, 26.1.2005)
Examiner Grant Rejection Opposition procedure Body Revocation of patent Oppo- sition ? Patent (max. 20 years) Patent application Request of examination Publication Laid open DExxxA1 Length of the proceedings: 41 months (as of 2004) appeal appeal no yes BPatG after 18 months nullity Publication Patent DExxxB3/B4 Examination procedure Patent administration appeal Main- tenance of patent The way to the patent at the DPMA
Bundesgerichtshof (Federal Supreme Court) (I. or X. civil panel) Legal appeal Revision Appeal Bundespatentgericht (BPatG) (Federal Patent Court) Oberlandes- gericht (OLG) (Regional Court of Appeal) Appeal Appeal DPMA: Patent or opposition procedure Landgericht (LG) (District Court): Action of infringement (legal examination) (legal examination) (material and legal examination) Action of nullity Legal Processes /Patents
1st to 5th Year (est. 4500 €) Annual Fees (exactly) Costs of a German patent (as of 2004)
Product Process to manufacture, to offer, to issue, to use, to import, to own to use, to offer, to offer products manufactured according to process, …
Acts for non commercial reasons
Acts for experimental reasons
Trade mark administration Data input Registration procedure Registration Rejection Opposition procedure Rejection of opposition Cancellation trade mark Oppo- sition? Trade mark application Trade mark (unlimited renewable Publication Appeal proceedings (poss.) Cancellation of trade mark officially or by request appeal appeal no yes BPatG of The way to the trade mark