This document provides an overview of intellectual property and how companies can protect their innovations, corporate identity, and product and service designs. It discusses various forms of intellectual property protection including patents, copyrights, trademarks, designs, and trade dress. The key points are:
1) Patents protect inventions but have a limited scope, while copyright automatically protects original creative works and has a broader scope but does not cover purely technical solutions.
2) Trademarks protect distinctive signs that identify companies and their products/services and can be registered for perpetual protection.
3) Design rights provide protection for the shape of products through registration, while copyright and unregistered design rights also protect designs to some degree.
4)
Introduction to Intellectual Property in CambodiaAbacus IP
Presentation given Mr. Pheng Thea before the Royal University of Cambodia, organized by the Intellectual Property Association of Cambodia on February 22, 2020
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
Introduction to Intellectual Property in CambodiaAbacus IP
Presentation given Mr. Pheng Thea before the Royal University of Cambodia, organized by the Intellectual Property Association of Cambodia on February 22, 2020
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2020/
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2021/
What Startups Should Do To Protect Their Big Mobile Application Idea? The Imp...Thomas O. Dubuisson
In today's knowledge economy, intellectual property rights (hereafter "IP") are very important and powerful.
Unfortunately for (young) entrepreneur's, it's not always the first thing that will cross your mind when you start a business. Indeed, you get excited by your project, you have a multitude of activities and issues that you have to deal with, you start to spread your idea everywhere, etc.
These lines (pages) will help you to be aware of the crucial importance of IP in your business (plan). You should strongly consider all these specific IP tools (patent, trademark, design protection, copyright, etc) before launching your mobile app.
How to Protect Your Intellectual Propertyideatoipo
This presentation will focus on protecting your intellectual property and creating or preserving value. A general discussion of the traditional forms of IP will be presented, including:
Trademarks, Copyrights, Trade-Secrets and Patents
The focus of the presentation will be the capture and preservation of inventions through patent protection. Discussions of the value of such protection to the development and preservation of the company will also be provided. Finally, there will be a discussion of procedures for managing IP portfolios.
Come with your questions and scenarios.
In this presentation, FMC Partners Rob McDonald and Marlon Rajakaruna describe the importance of protecting your start-up company’s intellectual property (IP). The following topics are discussed:
- Types of Intellectual Property
- Patents
- Copyright
- Trade-marks
- Other Ways to Protect IP
- Protecting Your IP in Commercial Agreements
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
This is an article on how Designs are being registered under the African Intellectual Property Organisation(better known by its French acronym OAPI) which clearly infringes on the famous trademarks
Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. This guide will explain what simple steps SMEs can take to best prevent infringement from Chinese competitors and potential business partners.
3M Cold Shrink Tubes Seal, Splice & Protect LV Power Cables
3M Cold Shrink Tube 8428-243M 8428-24 Cold Shrink Tube
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Cold Shrink Tube Length 609mm
3M Cold Shrink Tube is a pre-stretched EPDM rubber tubing, factory expanded and assembled onto a removable core.
•Cold shrink provides a constant radial pressure seal
•No heat required with 3M Cold Shrink - 100% cold applied
•No specialist cable jointing or heat shrink tools required
•Quality - long term reliability
•Moisture resistant for submersible and outdoor applications
3M Cold Shrink Tubes are suitable for cable protection and moisture ingress protection - 3M Cold Shrink EPDM tubings are suitable as primary insulation on low voltage cables and cable splices up to 1000v AC. Cold shrink tubes provide electrical protection and moisture sealing for high-voltage, air-insulated connectors and cable lugs such as spacer cable and cable lug connections to bus bar. 3M cold shrink tubes also provide electrical insulation of secondary splices including copper or aluminium connectors.
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2020/
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2021/
What Startups Should Do To Protect Their Big Mobile Application Idea? The Imp...Thomas O. Dubuisson
In today's knowledge economy, intellectual property rights (hereafter "IP") are very important and powerful.
Unfortunately for (young) entrepreneur's, it's not always the first thing that will cross your mind when you start a business. Indeed, you get excited by your project, you have a multitude of activities and issues that you have to deal with, you start to spread your idea everywhere, etc.
These lines (pages) will help you to be aware of the crucial importance of IP in your business (plan). You should strongly consider all these specific IP tools (patent, trademark, design protection, copyright, etc) before launching your mobile app.
How to Protect Your Intellectual Propertyideatoipo
This presentation will focus on protecting your intellectual property and creating or preserving value. A general discussion of the traditional forms of IP will be presented, including:
Trademarks, Copyrights, Trade-Secrets and Patents
The focus of the presentation will be the capture and preservation of inventions through patent protection. Discussions of the value of such protection to the development and preservation of the company will also be provided. Finally, there will be a discussion of procedures for managing IP portfolios.
Come with your questions and scenarios.
In this presentation, FMC Partners Rob McDonald and Marlon Rajakaruna describe the importance of protecting your start-up company’s intellectual property (IP). The following topics are discussed:
- Types of Intellectual Property
- Patents
- Copyright
- Trade-marks
- Other Ways to Protect IP
- Protecting Your IP in Commercial Agreements
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
This is an article on how Designs are being registered under the African Intellectual Property Organisation(better known by its French acronym OAPI) which clearly infringes on the famous trademarks
Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. This guide will explain what simple steps SMEs can take to best prevent infringement from Chinese competitors and potential business partners.
3M Cold Shrink Tubes Seal, Splice & Protect LV Power Cables
3M Cold Shrink Tube 8428-243M 8428-24 Cold Shrink Tube
Cold Shrink Tube Min Diameter 24.0mm
Cold Shrink Tube Max Diameter 49.3mm
Cold Shrink Tube Length 609mm
3M Cold Shrink Tube is a pre-stretched EPDM rubber tubing, factory expanded and assembled onto a removable core.
•Cold shrink provides a constant radial pressure seal
•No heat required with 3M Cold Shrink - 100% cold applied
•No specialist cable jointing or heat shrink tools required
•Quality - long term reliability
•Moisture resistant for submersible and outdoor applications
3M Cold Shrink Tubes are suitable for cable protection and moisture ingress protection - 3M Cold Shrink EPDM tubings are suitable as primary insulation on low voltage cables and cable splices up to 1000v AC. Cold shrink tubes provide electrical protection and moisture sealing for high-voltage, air-insulated connectors and cable lugs such as spacer cable and cable lug connections to bus bar. 3M cold shrink tubes also provide electrical insulation of secondary splices including copper or aluminium connectors.
Economic solutions for the U.S., an in-depth look at Barack Obama’s political history and voting record, and analysis of political issues and the recent health care reform process.
Business law : Intellectual property right: Patents, trademarks, geographical...Renzil D'cruz
Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.
Module 6 - Basical knowledge on intellectual property protection in social e...szpinter
Module 6 - Basical knowledge on intellectual property protection in social enterprises
The SENSES project co-funded by the European Union funds (ERDF and IPA)
For more information check the official website: http://www.interreg-danube.eu/senses
Annual Symposium of Dutch AIPPI at Zeist, 13 March 2013. Presentation on the status of protection for trade secrets for the 2013 Dutch AIPPI group symposium - prior to the draft EU Directive
Monoclonal Antibodies Dawn Of A New EraWouter Pors
Seminar on IP and regulatory aspects, Brussels, 7 June 2012, speakers Michael Alt, Trevor Cook, Liz Fuller, Marc Martens (Bird & Bird) and Frank Landolt (Ablynx)
2. Subject of protection - overview
Innovation
Technology developed by the company
Incorporated in products or services
Corporate identity
Company or division as such
Product and service look and feel
Product or service as such
Many different looks and feels?
Is the message still clear?
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4. Subject of protection
Purpose
Protecting developments
Others will not block you from use
Licensing portfolio
Cross-licensing
Means
Patents - obtained by application and grant
Copyright - ensues from act of creation
Know how - dependent on confidentiality
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5. Scope of protection
Patents
Protection of the invention, not just the actual use
Idea behind the invention, but legal certainty for third parties
Expires after 20 years
Copyright
Limited to the actual product or format and
Others that make the same overall impression
Assessed on case by case basis; national law still varies
Expires 70 years after death of the maker
Know how
Scope hard to determine
Real problem lies in proof of copying
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7. Subject of protection
Innovation
Corporate identity
Identifying your company
Marketing your company
Creating goodwill (value)
Separate from competition
Product and service look and feel
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8. Subject of protection
Innovation
Corporate identity
Product and service look and feel
Identifying your company’s products and services
Marketing your company’s products and services
Creating goodwill (value)
Separate from competition
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9. Means of protection
Innovation
Corporate identity
Indication of origin - collectively, granted by law
Trade name - through use in the course of trade
Trade mark - application and registration
Copyright - ensues from act of creation
Product and service look and feel
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10. Means of protection
Innovation
Corporate identity
Product and service look and feel
Indication of origin - collectively, granted by law
Trade mark - application and registration
Design right - application and registration
- unregistered design rights
Copyright - ensues from act of creation
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12. Trade mark
Any distinctive sign identifying you
and your products and services for your public
•Name
•Logo
•Colour
•Sound
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13. Trade marks
Monopoly on distinctive sign for products or services
Harmonised European law
Acquired by registration (first come)
Choice between National and European Community
International: bundle of national rights
Must have distinctiveness (not descriptive)
Words, logo’s, shapes, colours, sounds
Perpetual, if renewed regularly
Works against confusingly similar younger signs
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15. Many uses for trade mark rights
ECJ 20-09-2007, C-371/06, Benetton v. G-Star: a
shape that gives value to a trademark cannot
acquire distinctiveness through extensive use
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16. Baby-dry is distinctive
Not valid are signs which may serve in normal usage from a
consumer's point of view to designate, either directly or by reference
to one of their essential characteristics, goods or services such as
those in respect of which registration is sought. Furthermore, a
mark composed of signs or indications satisfying that definition
should not be refused registration unless it comprises no other
signs or indications and, in addition, the purely descriptive signs or
indications of which it is composed are not presented or configured
in a manner that distinguishes the resultant whole from the usual
way of designating the goods or services concerned or their
essential characteristics. (ECJ 20 September 2001, C 383/99 P)
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17. But Postkantoor is not!
A mark consisting of a word composed of
elements, each of which is descriptive of characteristics of the goods or
services in respect of which registration is sought, is itself descriptive of the
characteristics of those goods or services for the purposes of that provision,
unless there is a perceptible difference between the word and the mere sum
of its parts: that assumes either that
because of the unusual nature of the combination in relation to the goods or
services the word creates an impression which is sufficiently far removed
from that produced by the mere combination of meanings lent by the
elements of which it is composed, with the result that the word is more than
the sum of its parts, or that
the word has become part of everyday language and has acquired its own
meaning, with the result that it is now independent of its components.
In the latter case, it is necessary to ascertain whether a word which has
acquired its own meaning is not itself descriptive for the purposes of the
same provision. (ECJ 12 February 2004, C-363/99)
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19. Design
Monopoly on shape of product or pattern on product
Harmonised European law
Acquired by registration (first come)
Choice between National and European Community
Must be novel
Maximum protection 25 years
Works against confusingly similar designs
Unregistered design right
Protection for 3 years
Less certainty
Fall-back where no copyright can be invoked
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21. Design
Scope of protection
Multiple design registration to protect all features
Limitations on design rights: pitfalls
Registering new version of product only protects the changes
Technical features are not protected (trademark case before the
ECJ: Philips v. Remington)
Must fit exception for parts
Way out: copyright
On the design as a whole
On specific elements of the design
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23. Copyright
Monopoly on “a work”: text, design, lay-out, format
National law, partly European and world-wide harmonisation
Copyrights for non-artistic works not accepted everywhere
Same goes for technical works
Automatic creation by making “a work” (proof of priority needed!)
Must be original and bearing the mark of it’s maker
World-wide protection if recognised (creative level)
Protection 70 years after death of the maker
Very broad possibilities
Works against copies and look-alikes
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24. Court of Justice: copyright protected work
16-7-2009, C-5/08, Infopaq
Datacapture process
Reproduction of press articles by means of an automated process in
which these articles are scanned and converted into a numerical file,
which can then be processed electronically
Electronic collection of newspaper clippings
Fragments of 11 words from an article are reproduced
Elements which are the expression of the intellectual creation of the
author of the work, may be just 11 words
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25. Application of copyright
Traditional: text, music, theatre, film
New application
Trade dress
Software, designs, objects for everyday use
TV programme formats
Business method formats
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29. Patents vs copyright: technology
Exception for technology as such
Dutch Supreme Court 24-2-2006 Technip
Kinetic scheme of chemical equations as part of computer
simulation program for petrochemical industry
Selection relates to objective scientific data and laws of nature,
scientific or technical purpose
Original and expression of intellectual creation of the maker
Selection base on scientific or technical knowledge of the
maker, insights and experience
Court of Appeal: protection
Scope of exception is limited
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31. Patents vs copyright
US: anything under the sun made by man is patentable
But: in re Bilski, 30 October 2008
Europe: only technical inventions, no business methods
Copyright: once again the solution to provide equality of
investment protection between US and Europe?
However: does not protect the purely technical solution,
“look and feel” have to be added
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33. Copyright: format protection
Well established: TV-programmes
Dutch Supreme Court: Una voce particolare
New: business methods
District Court The Hague 27 April 2005 Referendumwijzer
What is the strategy?
Situation unclear
Case law still developing
Completely accepted in business in media sector
Might fill the gap for investors
Prepare in case this confirmed in the courts
File evidence of the creation of the format and its priority
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35. Develop a strategy
What exactly are your assets?
What are their distinctive features?
Which rights should you invoke to protect those?
What actions need to be taken for protection?
What is your market and where will it go?
Don’t take a national approach, rights may vary!
Which competing rights are surrounding your assets?
What can you afford to invest?
How can you postpone investments?
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36. Exploiting your protection
Building a licensing strategy
What about transfer pricing and taxation of royalties?
Which legal entity should be the right owner and where
should it be?
Allocate the investments to the right owner!
Beware of competition law issues
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37. Defending your investment
Are you prepared to litigate?
Pro-active, aggressive or defensive approach?
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38. Participation of licensees
License agreements
Involving licensees in your business strategy
Non-circumvention
Sub-licensing authority
Active monitoring of infringements
Common approach towards infringements
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39. Wouter Pors
Bird & Bird The Hague
Van Alkemadelaan 700
PO Box 30311
2500 GH The Hague
T: +31 (0)70 353 8825
F: +31 (0)70 353 8882
M: +31 (0)653 293 896
E: wouter.pors@twobirds.com
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