These are the slides of a presentation that I gave at the Menai Science Park on Anglesey as part of Wales's celebrations of World IP Day 2019. They cover "What is IP?" "Why it is important", "How to acquire IP" and "How to enforce it."
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World IP Day at M-SParc: "What is IP?"
1.
2. Topics for Discussion
● What is Intellectual Property?
● Why you need to know about it?
● How you can obtain it
● Choosing the right legal protection
● Enforcing your IP rights
● Advice and representation
www. nipclaw.com www.nipcwales.co.uk
3. What is Intellectual Property?
The legal protection of investment in branding, design, technology and
creativity:
● Copyrights and related rights
● Patents
● Registered Designs
● Trade Marks
● Trade Secrets
● Unregistered Design Rights
www. nipclaw.com www.nipcwales.co.uk
4. Why you need to know about IP
Any of those IP rights in a competitor’s hands can restrict the products or
services you can supply or your name or trading style.
In your hands they can restrict competition..
They can also be a source of licensing revenue.
They are a vital business tool.
www. nipclaw.com www.nipcwales.co.uk
5. How you can obtain IP rights
You may already have some IP rights:
● Copyrights
● Rights in performances
● Unregistered design rights
● Unregistered Community designs
● Trade Secrets
● Right to sue for passing off
www. nipclaw.com www.nipcwales.co.uk
6. How you can obtain IP rights
You have to apply for others
● Patents
● Registered Designs
● Registered Community Designs
● Registered Trade Marks
● EU Trade Marks
www. nipclaw.com www.nipcwales.co.uk
7. Choosing the Appropriate Legal Protection
● Often more than one way of protecting an intellectual asset (ie. patents,
trade secrecy or unregistered design rights)
● Patenting can be prohibitively expensive
● Registered rights can be revoked or invalidated
● Following test may be useful:
○ Identify sources of revenue over given period
○ Consider threats to revenue streams
○ Devise countermeasures
○ Where IP is appropriate, choose optimum option
○ Ensure there is adequate funding for enforcement
www. nipclaw.com www.nipcwales.co.uk
8. Enforcing your IP Rights
● Civil proceedings in the Civil Courts
○ Chancery Division
○ Patent Court
○ Intellectual Property Enterprise Court (“IPEC”)
○ IPEC small claims track
● Intellectual Property Office
○ Revocations, amendment etc of patents
○ Oppositions, revocation, invalidation of Marks
○ Cancellation of Designs
● Alternative Dispute Resolution
○ IPO Mediation, opinions and domain name dispute resolution schemes
www. nipclaw.com www.nipcwales.co.uk
9. Advice and Representation
● Patent Attorneys
● Trade Mark Attorneys
● Specialist Counsel
● Specialist Solicitors
● CIPA Patent Clinics
● Business and IP Centres
www. nipclaw.com www.nipcwales.co.uk
10. Any Questions?
Jane Lambert
4-5 Gray’s Inn Square
London WC1R 5AH
020 7404 6262
jane.lambert@nipclaw.com
www.nipclaw.com
www.nipcwales.co.uk