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Introduction to Intellectual Property


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This was the introductory talk that was given by IP North West to the management, staff and users of FabLab Manchester on 12 Oct 2011

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Introduction to Intellectual Property

  1. 1. Introduction toIntellectual Property Presentation to FabLab Manchester 12 Oct 2011 Jane Lambert Barrister
  2. 2. What is IntellectualProperty? Intellectual property (“IP”) is the collective name for the bundle of laws (“intellectual property rights” or “IPR”) that protect intellectual assets. Examples include: • Patents • Copyrights • Trade Marks • Designs
  3. 3. What are IntellectualAssets? Factors that give one business a competitive advantage over all others such as • brands • design • technology • creative works
  4. 4. How does the law protectbrands?Passing off – nobody may misrepresent hisgoods, services or business as those ofanother trader;Trade mark registration – national orCommunity trade marksGeographical indications for food anddrink
  5. 5. How does the law protectdesign?Functional design by unregistered designright;Ornamental design by design registrationfor the UK alone or registered andunregistered Community design andcopyright
  6. 6. How does the law protecttechnology? Law of confidence – prohibition against disclosing or making use of technical information imparted in confidence Patents Unregistered design right Semiconductor topographies Copyright for software Plant breeders’ rights
  7. 7. How does the law protectcreative works? Copyright for original artistic, dramatic, literary or musical works, broadcasts, films, sound recordings or typographical editions of published works Rights in performances for actors, dancers, musicians, singers and other performers Moral rights Publication rights
  8. 8. Where do I go to register atrade mark, design, patentor plant breeder’s right? Intellectual Property Office in Newport for a UK trade mark, registered design or patent OHIM in Alicante for a Community trade mark or design European Patent Office in Munich for a patent for more than one European country DEFRA for UK plant variety Community PVO for EU
  9. 9. Who can help me register atrade mark, registereddesign, patent or plantvariety? Patent or Trade Mark Attorney (aka “patent agents”) such as Tom Hutchinson
  10. 10. Who can advise andrepresent me in negotiationsor disputes? Specialist Intellectual Property Solicitor such as Michael Sandys
  11. 11. Who can represent me incourt or hearings, draftcomplex instruments oradvise me or myprofessional advisers ondifficult points of law? Specialist Intellectual Property Counsel such as Jane Lambert
  12. 12. What happens if someoneinfringes my IntellectualProperty?Litigation in Patents Court, Patents CountyCourt or Chancery DivisionMediation if there is agreement or courtorderArbitration if there is arbitration agreementExaminers’ opinions on validity andinfringement of patentsDomain name dispute resolution
  13. 13. Where can I get moreinformation?PatLib libraries such as British Library,Leeds Central Library or Manchester andLiverpool Central Libraries after renovationInventors’ Clubs in Manchester, Leeds,Sheffield, Blackburn and LiverpoolIP Clinics operated by CIPA and NIPCBL, IPO, WIPO websites
  14. 14. Any Questions? Jane Lambert NIPC The Media Centre 7 Northumberland St. Huddersfield HD1 1RL 0800 762