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IGNITE your…. Intellectual Property

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Kate Symons and Doug Ealey of D Young and Co representating the Intellectual Property Office (IPO) will describe what is good and bad practice when developing and exploiting an organization’s IP.

The IPO are an Executive Agency of the Department for Business Innovation and Skills (BIS) that promote innovation by providing a clear, accessible and widely understood IP system, which enables the economy and society to benefit from knowledge and ideas.

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IGNITE your…. Intellectual Property

  1. 1. An Introduction to Intellectual Property Gary Townley Business Outreach & Education
  2. 2. Doug Ealey Kate Symonswww.dyoung.com
  3. 3. Business investment has changed£ billion - in UK as elsewhere IP Fixed Capital Source EU COINVEST and Haskel et al
  4. 4. Intellectual Property OfficePremier foods has sold its 200 year old Branstonbrand to Japanese company Mizkan for £93 MillionThe sale includes its factory in Bury St Edmunds, Suffolk
  5. 5. IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy
  6. 6. Patents Plant Trade Varieties marksTrade marks Trade Intellectual Property RegisteredSecrets designs Confidentiality Copyright
  7. 7. What is a Trade Mark? “A Badge of Origin”• A ‘brand’ or ‘make’, e.g. ‘Reebok’To qualify for registration…• A sign must be capable of being represented graphically• A sign must be capable of distinguishing the goods or services of one undertaking from another
  8. 8. What can be registered? Name LogoDomain name SloganColour theme Shape theme Music Smell
  9. 9. True or False You cannot register a dictionary word Changing the spelling makes it different You have to use a trade mark to register itI have registered at Companies House so I own the trade mark
  10. 10. Be careful with… • Geographical names • Laudatory terminology • Restrictive names
  11. 11. Be InventiveBlaupunkt – originally called ideal – a blue dot was attached if the headphones came through the quality test.LEGO – Danish “leg godt” – play well ( coincidentally “I learn” in Latin)Amstrad – Sir Alan Michael Sugar tradingHasbro - Henry & Helal Hassenfeld – Hassenfield BrothersMercedes – the first name of salesman Emil Jellineks daughter
  12. 12. Clearance searches…Why? Avoid expensive mistakes Awareness of competing marksEarly resolution of potential problems
  13. 13. Costs & Filing Strategies UK – National Filing Fees: Application fees: £200 – In one ClassAdditional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months
  14. 14. Costs & Filing Strategies CTM – EU wide Fees:Application fees: €1050 – In 1 to 3 Classes Timeline: Examination and registration in approximately 6 months
  15. 15. Costs & Filing Strategies International Registrations Madrid ProtocolCosts – vary depending on states chosen Timeline: Up to 18 months for Examination
  16. 16. Duration, renewal and use• Valid for 10 years from the filing date• Renewable every 10 years• 5 years ‘grace’ period of non-use• Use it or risk losing it!
  17. 17. Patents Plant Trade Varieties marks Registered Intellectual Property designs TradeSecrets Registered designs Confidentiality Copyright
  18. 18. Registered DesignsAppearance of whole or part of productProtects shape or configuration (3-D)and/or pattern or ornamentation (2-D) No protection when form is dictated by function (ie: no design freedom)
  19. 19. True or False If I make 6 changes it’s a new designI can’t sell some of the designs before registering My UK design protects me in Europe If I don’t register I have no protection
  20. 20. Registered DesignsDesign Registration No 3001664
  21. 21. Multiple Applications £60 for first design(£40 application + £20 publication) £40 for subsequent designs(£20 application + £20 publication Renewal fees every 5 years Maximum term 25 years
  22. 22. Registration OverseasParis Convention – 6 MonthsOHIM - Community Design
  23. 23. Patents Plant Trade Varieties marks TradeSecrets Patents Intellectual Property Registered designs Confidentiality Copyright
  24. 24. What is a Patent ? A Bargain Exclusive Rights 20 yearsState Inventor Fees Technical Description
  25. 25. Criteria for ‘patentability’Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention” Inventions must be new - not known anywhere in the world prior to the filing date Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination Inventions must be industrially applicable and have a ‘technical effect’
  26. 26. Claims Claim 1 A novelty candy holding device in combination with a candy confection which comprises: a housing, an electrical source in said housing, an electric motor in said housing, a switch means for controlling current to said electric motor, and means to receive and rotate one end of a stick upon which a piece of candy is attached while the piece of candy is rotated by means of the electric motor.
  27. 27. Claims Claim 1 Candy product of the type commonly called a lollipop, comprising a stick (2) with one end embedded in a ball (3) of candy, characterised in that said body (3) has a totally convex shape with a smooth outer surface.
  28. 28. True or False The IPO test to see if the invention works I haven’t seen one so it must be newI can patent an invention in the UK that I have seen overseas By patenting my idea it will be kept secret
  29. 29. Exclusions(a) a discovery, scientific theory or mathematical method;(b) a literary, dramatic, musical or artistic work or anyother aesthetic creation whatsoever;(c) a scheme, rule or method for performinga mental act, playing a game or doing business, or aprogram for a computer;(d) the presentation of information;…as such
  30. 30. Patent feesApplication fee – £30 or £20 (Electronic filing)Search Fee - £150 or £130 (Electronic filing) Examination fee - £100 or £80 (Electronic filing) Renewals 5th Year - £70 10th Year - £170 20th Year - £600
  31. 31. Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)
  32. 32. Working with othersPrior use or disclosure will invalidate a patentapplication - use ‘Confidentiality Agreements’ Agree in writing who will own any I.P. arisingfrom the collaboration before commercialisation
  33. 33. Patents Plant Trade Varieties marks Copyright TradeSecrets Intellectual Property Registered designs Confidentiality Copyright
  34. 34. What Copyright protectsBooks, technical reports, manuals, databasesEngineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Computer software
  35. 35. True or False If it doesn’t have a copyright notice, it’s not protected I can copy 10% without it being an infringement If I acknowledge the original work, I can use itI have bought the book/painting/photograph so I can use it as I wish
  36. 36. Who owns Copyright? Usually the first creator or author... …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownershipunless their contract is explicit to the contraryEven if the creator sells their rights, they have ‘moral rights’ over how their work is used
  37. 37. Baker Street • Estimated £80,000 per year in royalties since 1978 • Copyright expires 31 Dec 2081 • Saxaphone riff played by • Bob Holness • Raphael Ravenscroft • One off fee £27
  38. 38. Primary Infringement Any of the following without the consent of the rights ownerCopying / Reproducing Adaptation Distributing Issuing or renting Public performance Broadcasting IGNORANCE IS NO DEFENCE
  39. 39. Secondary Infringement Any of the following without the consent of the rights owner Selling ImportingPossession for business purposesFacilitating primary infringement Only guilty if done knowingly, or if you ought to have known
  40. 40. ‘Defences’- permitted actsThe following are allowable even when theytechnically breach Copyright: “Fair Dealing” Private study Research News reporting Public InterestCriticism / reviews Some official reportsEducation, libraries Video/DVD ‘time-shifting’
  41. 41. Bringing it all together® Registered Trade Mark‘TM’ unregisteredRegistered DesignCopyright: labels & artworkPatents: several dozen!
  42. 42. R & D Tax CreditsDesigned to encourage greater R&D spending, leading in turn to greater investment in innovation. Two schemes for claiming relief • The Small or Medium‐sized Enterprise (SME) Scheme • The Large Company Scheme http://www.hmrc.gov.uk/ct/forms-rates/claims/randd.htmThe value of relief claimed for 2010/12 was £1.1bn (£340m in SME claims, £750m in large company relief claims). http://www.hmrc.gov.uk/stats/corporate_tax/rd-introduction.pdf
  43. 43. Patent Box Reduction in corporation tax to 10% In Stages from April 2013 Must hold a Qualifying Patent (IPO, EPO) or licencePatent must be granted (can be back dated up to 6 years) Development condition Active Ownership condition Royalties from sale or licensing Proceeds from sale of goods Damages from infringement actions
  44. 44. www.ipo.gov.uk - 0300 300 2000
  45. 45. www.dyoung.com - 023 8071 9500
  46. 46. Thank You Doug Ealey dre@dyoung.co.uk Kate Symons kes@dyoung.co.uk

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