Introduction to Intellectual Property to Business Advisors Bradford, 7 Nov 2006 Jane Lambert Barrister

Speakers and Topics Jane Lambert: “What is IP and why it is important” Ron Jones: “The Inventor’s Perspective” Ian Macleod: “IP Insurance” Q & A

Jane Lambert: “What is IP and why it is important”

Ron Jones: “The Inventor’s Perspective”

Ian Macleod: “IP Insurance”

Q & A

What is “Intellectual Property” Collective name for a bundle of rights that protect investment in brands, design, technology and the arts, Some of those rights are monopolies while others are protection from copying Some arise automatically Others require registration

Why it is important Probably most cost-effective way to promote investment in new products, processes and services Condition of membership of world trade system Essential for science and technology Strikes a balance between conflicting public interests

Brands Passing off – common law right of action Registered trade marks – monopoly of name, logo, initials or any other sign for specified goods or services Registered Design Geographical Indications

Design Aesthetics – registered designs, Community designs and artistic copyright Functionality – national unregistered design right and semiconductor chip topography

Technology Patents – 20-year monopoly of new product or process disclosed to the world Confidentiality – indefinite protection of secret technical or commercial information disclosed in confidence Unregistered Design Rights Copyright and database rights

Arts Copyright – protection from copying of books, poems, paintings, plays, films, sound recordings, broadcasts Rights in Performances – right of actors, dancers, musicians, singers and other performers to authorize taping or filming

Acquisition Rights arising automatically: copyright, unregistered design rights, unregistered Community design, database right, rights in performances, confidentiality and passing off Rights requiring Registration: patents, trade marks, registered designs

Enforcement Civil Litigation: claim must be brought where infringement arises Criminal Penalties: counterfeiting, piracy and bootlegging Alternative Dispute Resolution: domain name disputes, Patent Office opinions, mediation

Costs Acquisition: Patent Office Fees, Searches, Translations, Examinations, Professional Fees, Renewal Fees Enforcement: €50,000 in France, Germany, Netherlands, £1 million High Court, US$2 million USA

Reasons for Patenting Condition of Funding: eligibility for grants and loans, investment by angels and VCs Licensing Potential Force of Habit Inventors’ Vanity … . but remember most UK patents are never worked.

Suggested Approach What is economic potential of new product or service? What is the threat to that potential? What legal protection is available? Compare cost of acquisition and protection against potential

Sources of Help Patent and Trade Mark Attorneys: acquire registered rights and advise on licensing and enforcement IP Specialist Solicitors: Manage legal business including licensing and enforcement Patent Counsel: Specialist advice, drafting and representation

Websites www.ipit-update.com www.patent.gov.uk www.wipo.int www.european-patent-office.org oami.europa.eu (EC trade marks and designs)

Any Questions Jane Lambert nipc The Media Centre 7 Northumberland Street Huddersfield HD1 1RL Tel 0870 990 5081 www.nipclaw.com