IP Talk

2. What is Intellectual Property?
also called...
IP
Intellectual Property Rights (IPR)
Industrial Property Rights
What’s the relevance to you?

3. Intellectual Property
INTELLECTUAL PROPERTY RIGHTS
“Intangible rights protecting the products of human intelligence and creation”

4. Intellectual Property Rights
Legally protected rights that attach to different kinds of
intellectual property...

5. Intellectual Property Rights are
legally enforceable rights

6. Different Kinds of IP

7. It’s horses for courses...

8. What do all types of IP have in common?

9. IP is property

10. IP is territorial

11. IP can be costly to enforce

12. Not just an ‘idea’

14. IP is not a right to do something...

15. IP is not a right to do something...
It’s a right to prevent someone else from doing something

16. Generally owned by an employer...

17. Generally owned by an employer...
If created by an employee
in the course of their duties

20. 3 Key Facts about Copyright

21. 3 Key Facts about Copyright
Literary, dramatic, musical, artistic works

22. 3 Key Facts about Copyright
Literary, dramatic, musical, artistic works
It’s a right to prevent copying

23. 3 Key Facts about Copyright
Literary, dramatic, musical, artistic works
It’s a right to prevent copying
Arises automatically

24. 3 Key Facts about what Copyright is not
X
X
X

25. 3 Key Facts about what Copyright is not
X Intended to protect ideas
X
X

26. 3 Key Facts about what Copyright is not
X Intended to protect ideas
X Necessary to register
X

27. 3 Key Facts about what Copyright is not
X Intended to protect ideas
X Necessary to register
X Protect insubstantial copying

28. How to protect your copyright?
Assert your rights!
Keep supporting evidence
Agreement between co-authors

29. Phantom towns...

30. Redundant code...

31. DRM - software code embedded in digital
media file

33. When is copying OK?
Non-commercial research & private study
Critisism, review and reporting current events
Teaching in educational establishments
Time shifting

34. Moral Rights - Authors & Performers

35. Moral Rights - Authors & Performers
Right to be identified as an author

36. Moral Rights - Authors & Performers
Right to be identified as an author
Right to object to derogatory
treatment

37. Moral Rights - Authors & Performers
Right to be identified as an author
Right to object to derogatory
treatment
Must be asserted (but can waive)

38. Moral Rights Don’t Apply:
X
X
X
X

39. Moral Rights Don’t Apply:
X Computer programs
X
X
X

40. Moral Rights Don’t Apply:
X Computer programs
X Ownership by the author’s employer
X
X

41. Moral Rights Don’t Apply:
X Computer programs
X Ownership by the author’s employer
X Newspapers or magazines
X

42. Moral Rights Don’t Apply:
X Computer programs
X Ownership by the author’s employer
X Newspapers or magazines
X Reference works

47. Unregistered Design Right

48. Registered Designs Unregistered Design Right

49. Registered Designs Unregistered Design Right
Need to register
Protects the overall
appearance
New & have individual character Original (not commonplace)
Exclusive right Only protection if copied
25 years protection
12 months grace period

50. Registered Designs Unregistered Design Right
Need to register Automatic right
Protects the overall Protects the shape or
appearance configuration
New & have individual character Original (not commonplace)
Exclusive right Only protection if copied
25 years protection 15 years protection
12 months grace period N/A

52. Apple - Registered Design for the iPad...

54. From a galaxy

55. From a galaxy
far far away...

56. From a galaxy
far far away...
To a battle in
court

58. 3 Key Facts about Trade Marks

59. 3 Key Facts about Trade Marks
Word/sign which can be graphically represented

60. 3 Key Facts about Trade Marks
Word/sign which can be graphically represented
Distinguish the trade origins of goods/services

61. 3 Key Facts about Trade Marks
Word/sign which can be graphically represented
Distinguish the trade origins of goods/services
Registered and unregistered v TM

62. 3 Key Facts about what TMs should be

63. 3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)

64. 3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)
Not similar/identical to existing marks (in same class)

65. 3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)
Not similar/identical to existing marks (in same class)
Exclusive right to use the mark for goods/services

76. Pick up a Penguin...
To read To eat

79. Looking After Your Trade Mark

80. Looking After Your Trade Mark
Trade marks - use it or lose it!

81. Looking After Your Trade Mark
Trade marks - use it or lose it!
Avoid becoming generic

82. Looking After Your Trade Mark
Trade marks - use it or lose it!
Avoid becoming generic
Don’t make constant changes

84. Patents protect products, processes, use of products...

85. Contract between the inventor and the state

86. Contract between the inventor and the state
Publication in return
for a monopoly right...

87. 3 Key Facts about Patents

88. 3 Key Facts about Patents
Patents protect an ‘invention’

89. 3 Key Facts about Patents
Patents protect an ‘invention’
Patents are monopoly rights

90. 3 Key Facts about Patents
Patents protect an ‘invention’
Patents are monopoly rights
Patents are territorial

92. 3 Key Facts about what patents are NOT

93. 3 Key Facts about what patents are NOT
X Just an ‘idea’

94. 3 Key Facts about what patents are NOT
X Just an ‘idea’
X Available for certain ‘exclusions’

95. 3 Key Facts about what patents are NOT
X Just an ‘idea’
X Available for certain ‘exclusions’
X Enforceable until grant

97. Just because you can patent your invention...

98. Just because you can patent your invention...
Doesn’t mean it’s a good idea!

99. In order to get a return on investment...
People must want to buy your product...

101. Trade Secrets

102. Trade Secrets
Secret, substantial and documented

103. Trade Secrets
Secret, substantial and documented
Only protection = secrecy

104. Trade Secrets
Secret, substantial and documented
Only protection = secrecy
Can disclose under confidentiality agreements

105. Most famous trade
secret of all time...