Introduction to Intellectual Property

Introduction toIntellectual Property Presentation to FabLab Manchester 12 Oct 2011 Jane Lambert Barrister

What is IntellectualProperty? Intellectual property (“IP”) is the collective name for the bundle of laws (“intellectual property rights” or “IPR”) that protect intellectual assets. Examples include: • Patents • Copyrights • Trade Marks • Designs

What are IntellectualAssets? Factors that give one business a competitive advantage over all others such as • brands • design • technology • creative works

How does the law protectbrands?Passing off – nobody may misrepresent hisgoods, services or business as those ofanother trader;Trade mark registration – national orCommunity trade marksGeographical indications for food anddrink

How does the law protectdesign?Functional design by unregistered designright;Ornamental design by design registrationfor the UK alone or registered andunregistered Community design andcopyright

How does the law protecttechnology? Law of confidence – prohibition against disclosing or making use of technical information imparted in confidence Patents Unregistered design right Semiconductor topographies Copyright for software Plant breeders’ rights

How does the law protectcreative works? Copyright for original artistic, dramatic, literary or musical works, broadcasts, films, sound recordings or typographical editions of published works Rights in performances for actors, dancers, musicians, singers and other performers Moral rights Publication rights

Where do I go to register atrade mark, design, patentor plant breeder’s right? Intellectual Property Office in Newport for a UK trade mark, registered design or patent OHIM in Alicante for a Community trade mark or design European Patent Office in Munich for a patent for more than one European country DEFRA for UK plant variety Community PVO for EU

Who can help me register atrade mark, registereddesign, patent or plantvariety? Patent or Trade Mark Attorney (aka “patent agents”) such as Tom Hutchinson

Who can advise andrepresent me in negotiationsor disputes? Specialist Intellectual Property Solicitor such as Michael Sandys

Who can represent me incourt or hearings, draftcomplex instruments oradvise me or myprofessional advisers ondifficult points of law? Specialist Intellectual Property Counsel such as Jane Lambert

What happens if someoneinfringes my IntellectualProperty?Litigation in Patents Court, Patents CountyCourt or Chancery DivisionMediation if there is agreement or courtorderArbitration if there is arbitration agreementExaminers’ opinions on validity andinfringement of patentsDomain name dispute resolution

Where can I get moreinformation?PatLib libraries such as British Library,Leeds Central Library or Manchester andLiverpool Central Libraries after renovationInventors’ Clubs in Manchester, Leeds,Sheffield, Blackburn and LiverpoolIP Clinics operated by CIPA and NIPCBL, IPO, WIPO websites

Any Questions? Jane Lambert NIPC The Media Centre 7 Northumberland St. Huddersfield HD1 1RL 0800 762 0055www.nipclaw.com

Introduction to Intellectual Property

by Jane Lambert

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Introduction to Intellectual Property Presentation Transcript