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Ignite your... ipo 24 july 2012

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Presenter – David Hopkins from the Intellectual Property Office (IPO) will describe the practical help and support available to businesses new to or experienced in IP from the IPO. 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... ipo 24 july 2012

  1. 1. An Introduction toIntellectual Property
  2. 2. Dave Hopkins Business Outreach & Education
  3. 3. Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS)850+ staff based in Newport in South Wales, 20 based in Bloomsbury, London Our task is to help stimulate innovation and raise theinternational competitiveness of British industry through Intellectual Property Rights (IPR)
  4. 4. 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
  5. 5. What is intellectual property? Patents Plant Trade Varieties marks Intellectual Property Trade RegisteredSecrets designs Confidentiality Copyright
  6. 6. Trade Marks
  7. 7. A Registered Trade Mark is... Any sign which is capable of being represented graphically Any sign which is capable ofdistinguishing the goods or services of one undertaking from another “A Badge of Origin”
  8. 8. What can be registered? Name Logo Domain name Slogan Colour theme Shape themeNon-traditional Music Smell
  9. 9. Domain names Trade Mark registration is not company name or domain name registration A domain name may be registered as a Trade MarkIncorporating another’s RTM into your domain name or meta-tag may be an infringement
  10. 10. UK Applications Fees: Application fees: £170 – Includes one ClassAdditional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months
  11. 11. Trade Mark Registration OverseasParis Convention - six months priority OHIM – Community Trade Mark e-filing fee €900 Madrid Protocol
  12. 12. Registered Designs
  13. 13. Registered DesignsProtects shape or configuration (3-D)and/or pattern or ornamentation (2-D)No protection for function, materials or technology of manufacture No protection when form is dictated by function (ie: no design freedom)
  14. 14. Registered DesignsDesign Registration No 3001664
  15. 15. 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
  16. 16. Registration OverseasParis Convention – 6 MonthsOHIM - Community Design Hague Agreement (1/1/2008)
  17. 17. Patents
  18. 18. 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’
  19. 19. 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
  20. 20. Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)
  21. 21. 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
  22. 22. Copyright
  23. 23. 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
  24. 24. How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years Films: 70 years after the death of the last of: director, composer of the score, the author of the screenplay and the scriptwriter Sound recordings, TV & radio broadcasts &cable programmes: 50 years from first broadcast Publishers’ right (typographical layout etc.): 25 years
  25. 25. 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
  26. 26. Why infringement searches? Avoid expensive mistakes Awareness of competing marksEarly resolution of potential problems
  27. 27. Bringing it all together® Registered Trade Mark‘TM’ unregisteredRegistered DesignCopyright: labels & artworkPatents: several dozen!
  28. 28. www.ipo.gov.uk - 0300 300 2000
  29. 29. 8 On line IP Healthchecks IP Healthcheck Patents, Trade marks, Designs & Copyright Confidential Information Licensing, exploitingFree online diagnosis your IP and Franchising
  30. 30. Thank youDave HopkinsDavid.hopkins@ipo.gov.uk

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