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Ron Zink: intellectual property and how to protect your brand and innovation

Ron Zink from Microsoft Corp. describes how to protect intellectual property and strengthen brand in innovative business.
The presentation was delivered at the IAMCP Europe annual summit in 2012. Join the IAMCP (www.iamcp.org) and stay in touch day-to-day.

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Ron Zink: intellectual property and how to protect your brand and innovation

  1. 1. How to Protect Your Brand and Innovation Ron Zink, Associate General Counsel, Microsoft Corporation Photograph©ChrisHarvey|Agency:Dreamstime.com
  2. 2. IP as a Business Tool  Think Comprehensively – Where is your market? – What differentiates you from competitors? – Who are you partnering with?  Develop and Own Your Plan – Understand Your Goals – Prioritize – Measurement  Use Available Resources – Free tools online – Professionals –Ask the right questions –Scope the work –Set budgets
  3. 3. Trademarks – How can you protect your brand? • The first IP protection most companies seek is for their brand. • Business Week/Interbrand report that the Top 10 global brands represent a collective value of $423 billion. 1 $68,734m 2 $60,211m 3 $56,647m 4 $47,777m 5 $34,864m 6 $32,275m 7 $31,980m 8 $31,330m 9 $30,636m 10 $28,447m http://www.interbrand.com/best_global_brands_intro.aspx
  4. 4. Trademarks – How can you protect your brand? • Trademarks generally must be registered to receive protection. • Trademarks must meet certain legal requirements to be registered. – A symbol – word, graphic, etc. – Distinctive – Used in connection with goods or services – Not descriptive or generic – Not the same as or confusingly similar to another registered or famous trademark – Not deceptive or against public policy • Trademarks are often indicated by ® or ™ symbols.
  5. 5. Trademarks & Domain names – Protecting your brand • You can search on-line to see if your mark is already registered. – UK: www.ipo.gov.uk/types/tm/t-os/t-find.htm – EU: oami.europa.eu/CTMOnline/RequestManager/en_Sear chBasic • You can register a trademark on-line. – UK: www.ipo.gov.uk/types/tm/t-os.htm (£200+) – EU: http://oami.europa.eu/ows/rw/pages/QPLUS/forms/elec tronic/fileApplicationCTM.en.do (€900+) • You can register your domain name. – Offive Live Small Businesss: http://www.microsoft.com/smallbusiness/products/offic e/microsoft-office-live/default.aspx#overview – Tips for picking a name: http://office.microsoft.com/en- us/officelive/FX102041591033.aspx?ofcresset=1
  6. 6. Copyright – How can you protect your ‘expression’? • Copyright covers all kinds of creative and technical expression, including computer programs, websites, photos, film, manuals and other text. • In the EU, copyright protects all forms of ‘expression’ of software– not just source and object code but also GUIs, for example.
  7. 7. Copyright – How can you protect your ‘expression’? • Copyright protection is automatic when the work is created. It is not necessary to register a copyright in the EU and most other countries. • Many developers do register copyright works with the US Copyright Office, which provides evidence of copyright and some litigation benefits. http://www.copyright.gov/eco/ ($35+) http://www.copyright.gov/records/
  8. 8. Patents – How can you protect your inventions? • Patents are available for technical inventions in any field of technology. • There are both design & utility patents. • Patents provide broad protection for the functionality or underlying principle of an invention. • Inventions must meet a 3-part test to be patentable. •Has it ever been done before or completely described in a published document? •US: “New” Novel •Would someone of ordinary skill in the technological field come up with this, even if not completely described before in one place? Does the invention make a ‘technical contribution’? •US: ‘Non-obviousness’ Inventive Step •What does the invention accomplish – does it accomplish what it’s intended to do? •EU: Industrial Applicability Industrial Application
  9. 9. Patents – How can you protect your inventions? • Patents must be registered in order to give you protection. – UK/EU: search for patents at http://gb.espacenet.com/search97cgi/s97_cgi .exe?Action=FormGen&Template=gb/en/qu ick.hts
  10. 10. Case Study  Business Model  Hardware  Peripherals  Games  Xbox Live
  11. 11. Peripherals
  12. 12. Games
  13. 13. Xbox Live
  14. 14. Intellectual Property, Small Business and the EU Key messages: 1. Small businesses rely on IP. 2. Patents are important to protect all kinds of ICT innovations, including those embodied in software. 3. Small businesses need better cost- effectiveness and access to the IP system, particularly in any new EU patent. 4. There is help out there. 61 42 39 51 22 49 0 20 40 60 Market Share increased Turnover increased N.of employees increased ICT SMEs with IPR ICT SMEs without IPR IP use by SMEs means increased market share, turnover, employment 89% of ICT SMEs use IPRs 46% use or plan to use copyright 32% use or plan to use patents 50% of open-source software developers use patents 10%+ higher market share, turnover, employee growth for IP owners 2.1% expected annual growth in IT spending 2008-2013 0.0% expected annual GDP growth in economy overall 2008-2013 IDC study for European Commission, Intellectual Property Rights and Competitiveness: Challenges for ICT-Producing SMEs (2008), http://www.ebusiness-watch.org/studies/special_topics/2007/documents/Study_08-2008_IPR.pdf
  15. 15. How to Protect Your Brand and Innovation Ron Zink, Associate General Counsel, Microsoft Corporation Photograph©ChrisHarvey|Agency:Dreamstime.com

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