42629 lecture 9 pt1

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Trademarks, Copyright, Registered Designs and Creative Commons

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42629 lecture 9 pt1

  1. 1. Intellectual propertyThomas J. Howardhttps://sites.google.com/site/thomasjameshowardhomepage/thow@mek.dtu.dk Unless otherwise stated, this material is under a Creative Commons 3.0 Attribution–Share-Alike licence and can be freely modified, used and redistributed but only under the same licence and if including the following statement:“Original material by Thomas J. Howard for course 42629 – Innovation and Product DevelopmentDepartment of Mechanical Engineering, The Technical University of Denmark”
  2. 2. How can we protect our businesses from the competition?2 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  3. 3. Intellectual Property Rights•They give legal recognition to the ownership of new ideas, designs etc.•They give the owner of IPR the right to stop others exploiting their property•They create for the originator a system by which they can benefit from their ingenuity•The IPR can be treated as currency that can be sold or licensed to others provided certain conditions are met3 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  4. 4. The value of IPRPatents Registered Designs Trade marks Brand value in 2001 was $14.8 billion Current patent portfolio valued at $3 billion 4 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  5. 5. Forms of Intellectual Property Rights Nature of the Intellectual Property Right (IPR) Creative Reputation Registered Patent, Registered Design, Trademark Creation of IPR Copyright Inherent Copyright, Unregistered Trademark Design right (passing off) Creative Commons5 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  6. 6. Registered Design•The design must be new and materially different•It covers appearance resulting from the lines, contours, colours, shape, text ure or materials of a product•Two exceptions are – Must-fit and Must-match•Three and two dimensional objects are covered•Duration – renewal every five years but it can be extended to 25 years•Provides exclusivity, preventing: making, marketing, importing, expo design patent 48,160, Nov. 16 1915 US rting and use of.6 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  7. 7. Unregistered designs•Comes in automatically•Must be original•If produced by an employee it goes to employer•Lasts 3 years (EU), can last up to 15 years in UK•Owner has exclusive right to produce•Where part of a larger/more complex product, only the parts that are visible during normal use are considered•No protection over independently produced designs!7 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  8. 8. Trade marksFiling a community trade mark (EU) costs €900:http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electr onic/fileApplicationCTM.en.doSearch for a trade mark here:http://oami.europa.eu/CTMOnline/RequestManager/en_Se archBasic?# SM - Symbol for a unregistered service mark ™- Symbol for a unregistered trade mark - Symbol for a registered trade mark8 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  9. 9. Requirements of a Trade mark•Should satisfy the requirements of the Trade Marks Act 1994 –Now includes even sounds, smells and containers•Should be distinctive –Can‟t be a “laudatory” term•Must not be deceptive•Must not cause confusion with previous trade marks•Initially for 10 years but renewable•Can be revoked9 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  10. 10. Examples of Trademarks•Coca-Cola bottle•Chanel perfume bottle•Bach’s „Air on a G-string‟•The colour orange for scissor handles•The sound of dog barking•The slogan „exceedingly good cakes‟Includes Domain Names Fiskars10 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  11. 11. Guinness Trademark11 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  12. 12. Marked applesApple Corps vs Apple Computer trademark infringement suit was settled in1981 at US$80,000. As a condition of the settlement, Apple Computeragreed not to enter the music business, and Apple Corps agreed not toenter the computer business.In 1991, another settlement involving payment of around US$26.5 millionto Apple Corps due to further infringement. Outlined in the settlement waseach company’s respective trademark rights to the term “Apple”. AppleCorps held the right to use Apple on any “creative works whose principalcontent is music”, while Apple Computer held the right to use Apple on“goods or services...used to reproduce, run, play or otherwise deliver suchcontent”, but not on content distributed on physical media. In otherwords, Apple Computer agreed that it would not package, sell or distributephysical music materials. http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer Image from sodahead.com12 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  13. 13. Copyright•An inherent right but can be registered•Springs into life when work is created•Belongs to the person creating the work•If the author is an employee it goes to the employer•Ownership can be assigned & licensed•Includes: literary, dramatic, musical & artistic works, films, sound recordings, broadcasts etc.•Prevents copying, distributing, adapting and reproducing of original without royalty © - Symbol for copyright13 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  14. 14. Copyright Timescales Literary, musical, artistic Author lifetime & dramatic works + 70 years Date of 1st broadcast Films, TV, radio & cable + 50 years Date of publication Publishers’ right (layout) + 25 years14 DTU Mechanical Engineering, Technical University of Denmark Presentation name 17/04/2008
  15. 15. Copyright issues: Little MermaidThe statue is still under copyright, and several copies of the statue have provoked legal threats. A replica was installed in Greenville, Michigan in 1994 to celebrate the towns Danish heritage. The statue cost $10,000. In 2009 the town was sued by the Artists Rights Society claiming the work violated Erikens copyright, and asking for a $3,800 licensing fee. At only 30 inches (76 cm) in height, the replica in Greenville is half the size of the original, and has a different face and larger breasts as well as other distinguishing factors. Image Credit: http://www.myfreewallpapers.net/cartoons/...15 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  16. 16. Champagne and Cheddar16 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  17. 17. Creative Commons Licences17 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  18. 18. Which of the following could not meet thecriteria for a registered design?: • A portable CD player • A rubber sealing ring for the door of the washing machine • A toilet disinfectant cleaner packaging • A corkscrew18 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  19. 19. Which of the following can be registered as atrademark?: • A brand name • The shape of a container • A smell • A domain name • A colour19 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  20. 20. Questions ?20 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark
  21. 21. Exercise What non-patent IPR would benefit your business and in what way?21 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012 Department of Mechanical Engineering, The Technical University of Denmark

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