This document provides an overview of key considerations for IP contracting and brand development agreements. It discusses protecting innovation, look and feel, and corporate identity through various means such as patents, copyrights, trademarks, and trade secrets. Key aspects of brand development agreements that are addressed include determining ownership of IP rights, implementation responsibilities, confidentiality obligations, and termination provisions. The document also examines issues like licensing trademarks, trade secret protection, coexistence agreements, and enforcing moral rights and resolving litigation.
This document provides an introduction to various forms of intellectual property protection including patents, trademarks, industrial designs, copyrights, and trade secrets. It discusses what constitutes a patent, including the requirements that an invention be new, useful, patentable subject matter, and unobvious. The document outlines the patent application process and components. It provides examples of published patent applications and discusses drafting patent claims. Additionally, it suggests useful resources for intellectual property information and stresses the importance of developing an intellectual property strategy.
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.
IP protection & commercialization strategiesLead To Win
This document discusses various intellectual property strategies and commercialization options. It outlines different types of intellectual property including patents, copyrights, trademarks, and trade secrets. It explains why IP is important to protect ownership, control technology transfer, establish means to pursue infringers, and increase competitive advantage. The document also provides details on patent costs, factors to consider in patent strategy, advantages and disadvantages of trade secrets, and components of a license agreement.
This document discusses intellectual property and provides guidance on identifying, protecting, and commercializing IP. It covers the main IP areas of brands, designs, copyright, patents, and confidential information. Brands, designs, and patents can be registered, while copyright and confidential information receive automatic protections. The document advises considering territory, novelty, ownership, and costs when assessing IP. It also stresses the importance of IP for attracting investment and establishing competitive advantage, and developing a business plan for commercializing IP through licensing or selling outright.
This document discusses intellectual property and provides guidance on identifying, protecting, and commercializing IP. It covers the main IP areas of brands, designs, copyright, patents, and confidential information. Brands, designs, and patents can be registered, while copyright and confidential information receive automatic protections. The document advises considering territory, novelty, ownership, and costs when assessing IP. It also stresses the importance of IP for attracting investment and competitive advantage, and developing a business plan for commercializing IP through licensing or selling outright.
In this presentation, Rob McDonald and Stephen Parker discuss the following topics related to intellectual property:
- IP Due Diligence in Commercial Transactions
- Common IP Disputes that Arise in Business
- The New Copyright Modernization Act
This document provides an introduction to various forms of intellectual property protection including patents, trademarks, industrial designs, copyrights, and trade secrets. It discusses what constitutes a patent, including the requirements that an invention be new, useful, patentable subject matter, and unobvious. The document outlines the patent application process and components. It provides examples of published patent applications and discusses drafting patent claims. Additionally, it suggests useful resources for intellectual property information and stresses the importance of developing an intellectual property strategy.
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.
IP protection & commercialization strategiesLead To Win
This document discusses various intellectual property strategies and commercialization options. It outlines different types of intellectual property including patents, copyrights, trademarks, and trade secrets. It explains why IP is important to protect ownership, control technology transfer, establish means to pursue infringers, and increase competitive advantage. The document also provides details on patent costs, factors to consider in patent strategy, advantages and disadvantages of trade secrets, and components of a license agreement.
This document discusses intellectual property and provides guidance on identifying, protecting, and commercializing IP. It covers the main IP areas of brands, designs, copyright, patents, and confidential information. Brands, designs, and patents can be registered, while copyright and confidential information receive automatic protections. The document advises considering territory, novelty, ownership, and costs when assessing IP. It also stresses the importance of IP for attracting investment and establishing competitive advantage, and developing a business plan for commercializing IP through licensing or selling outright.
This document discusses intellectual property and provides guidance on identifying, protecting, and commercializing IP. It covers the main IP areas of brands, designs, copyright, patents, and confidential information. Brands, designs, and patents can be registered, while copyright and confidential information receive automatic protections. The document advises considering territory, novelty, ownership, and costs when assessing IP. It also stresses the importance of IP for attracting investment and competitive advantage, and developing a business plan for commercializing IP through licensing or selling outright.
In this presentation, Rob McDonald and Stephen Parker discuss the following topics related to intellectual property:
- IP Due Diligence in Commercial Transactions
- Common IP Disputes that Arise in Business
- The New Copyright Modernization Act
The document discusses key aspects of the TRIPS (Trade Related Aspects of Intellectual Property Rights) agreement. It outlines how TRIPS harmonized global intellectual property rules and established minimum standards of protection for patents, copyrights, trademarks and other IP. The document also examines how TRIPS provisions relate to public health issues like access to medicines and the use of flexibilities like compulsory licensing by countries. It analyzes the impact of stronger IP rules on the price of drugs and the role of generic competition in increasing access.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Intellectual property rights are important for start-ups to protect their innovations. The document discusses various types of intellectual property protections available in Sri Lanka including copyright, patents, trademarks, industrial designs, undisclosed information, integrated circuit layout designs, and unfair competition. It provides details on eligibility requirements, protected subject matter, rights conferred, and enforcement mechanisms for each type of intellectual property.
The document summarizes key aspects of patents, trademarks, and industrial designs as forms of intellectual property rights under TRIPS. It discusses the requirements for intellectual property rights according to TRIPS, including national treatment, minimum standards of protection and enforcement. It also provides definitions and examples of patents, trademarks, and industrial designs, and outlines the processes for obtaining each type of intellectual property right in India.
IT learns is a company focused on artificial intelligence and automation. They can be contacted via email at enquiries@ipsoft.com for any inquiries. The document provides very little information beyond the company name and email contact.
IT learns is a company focused on artificial intelligence and automation. They can be contacted via email at enquiries@ipsoft.com for any inquiries. The document provides very little information beyond the company name and email contact.
This document discusses how IPsoft's autonomic technology platform, IPcenter, helps organizations automate their IT operations to increase efficiency and reduce costs. IPcenter uses "virtual engineers" which are automated processes that can handle routine IT tasks faster and at lower cost than human engineers. The document provides several case studies of organizations that have implemented IPcenter, such as a financial services firm that reduced the time to resolve failed trades by 93% and a healthcare company that was able to transition IT operations smoothly during a corporate spin-off.
This document provides an introduction and overview of IPsoft, including:
- IPsoft provides IT service management (ITSM) using expert system-driven automation and ITIL processes.
- Their services deliver over 30% reduction in IT costs and resolve over 56% of problems without manual intervention, reducing mean time to resolution by 60% on average.
- They have global delivery centers supporting over 1 million critical IT assets for clients across North America, Europe and Asia.
IPsoft was founded in 1998 to optimize IT through automated expert systems that emulate engineers' skills. Their technology proactively resolves over half of issues without human intervention. Embracing automation provides a marketplace advantage according to Deloitte. Clients realize 20-45% cost reductions through IPsoft's outsourced management. IPsoft compares favorably to other MSPs by resolving issues autonomously at scale through their consolidated IT management platform IPcenter.
This document provides an introduction to IPsoft, an IT service management company:
- IPsoft claims to reduce IT management costs by over 30% and resolve over 56% of problems without manual intervention through their autonomic toolsuite. They also typically reduce mean time to resolution by 60% and underwrite the cost savings from day one.
- IPsoft was founded in 1998 and is profitable. They offer ITSM as a service in North America, Europe and Asia through direct and indirect sales with operational centers in several cities worldwide.
- The document discusses how IPsoft's autonomic solutions can transform IT support by providing autonomous level 1 support and assistance at higher levels to reduce reliance on staff.
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
Intellectual Property: What is intellectual property, and why is it important? Mintz Levin
This document provides an overview of various forms of intellectual property including trademarks, copyrights, trade secrets, and patents. It discusses what each type of intellectual property protects, how to obtain protection, duration of protection, benefits of protection, and common issues to consider. The document covers topics such as trademark clearance searches, federal registration of trademarks and copyrights, requirements for patents including novelty and non-obviousness, international protection, and types of patent applications.
The document provides an overview of intellectual property issues that are important for startups, including what types of intellectual property exist, how to determine ownership of intellectual property, and common contractual provisions and other legal issues that startups should be aware of such as open source licensing, restrictions on business, and privacy concerns. It was presented by attorneys from Fenwick & West LLP, a law firm that focuses on technology companies, to provide a basic introduction to intellectual property issues relevant to startups.
TRIPS is the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organization. It establishes minimum standards of protection for various forms of intellectual property and enforcement procedures. TRIPS requires countries to provide patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. It sets rules for fair use exceptions and terms of protection. Disputes are subject to the WTO dispute settlement process. Developing countries received transitional periods to delay full implementation of TRIPS.
Kko ip due diligence presentation (digital boot camp) 2016-02-17(2)Arlen Meyers, MD, MBA
This document provides an overview of intellectual property due diligence for an acquisition. It discusses timing considerations for IP due diligence and its purpose in assessing ownership, protection/liability issues, and freedom to operate. The document outlines factors that influence the scope of diligence, such as the type of investor and nature of the target's business. It also describes assessing ownership of IP assets, prior agreements, validity/strength of IP, and potential liability issues. The document concludes with discussing how to structure representations and warranties, disclosure schedules, post-closing covenants, and indemnification provisions to protect against liability.
This document summarizes key information about intellectual property (IP) ownership and common IP issues. It discusses the main types of IP - copyrights, trademarks, and patents. For each it provides examples of common problems like unclear licensing terms, failure to register trademarks, and missed patent deadlines. The document aims to help people understand IP rights and avoid infringement claims by clarifying ownership upfront.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how companies have benefited from or lost value due to their intellectual property. Finally, it discusses best practices for protecting intellectual property, such as patents, non-disclosure agreements, and employee agreements.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how intellectual property adds value. Finally, it discusses strategies for protecting intellectual property, such as patents, non-disclosure agreements, and employee contracts, as well as generating revenue from intellectual property through licensing.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
The document discusses key aspects of the TRIPS (Trade Related Aspects of Intellectual Property Rights) agreement. It outlines how TRIPS harmonized global intellectual property rules and established minimum standards of protection for patents, copyrights, trademarks and other IP. The document also examines how TRIPS provisions relate to public health issues like access to medicines and the use of flexibilities like compulsory licensing by countries. It analyzes the impact of stronger IP rules on the price of drugs and the role of generic competition in increasing access.
These are the slides for the presentation that I was due to give to the makers at FFPWS on 1 April. FFIWS is a maker space in Porthmadog with laser cutters, 3D printers and all sorts of other impressive kits. As my visit has had to be cancelled I have decided to deliver my presentation online. If there is still enough interest in Porthmadog (or anywhere else in the world for that matter) I will give a fee webinar on 15 April 2020 on IP Law for Makers, The IP law in question will be the law of Wales and England which will not be exactly the same elsewhere but most of the presentation should be relevant more or less anywhere.
Intellectual property rights are important for start-ups to protect their innovations. The document discusses various types of intellectual property protections available in Sri Lanka including copyright, patents, trademarks, industrial designs, undisclosed information, integrated circuit layout designs, and unfair competition. It provides details on eligibility requirements, protected subject matter, rights conferred, and enforcement mechanisms for each type of intellectual property.
The document summarizes key aspects of patents, trademarks, and industrial designs as forms of intellectual property rights under TRIPS. It discusses the requirements for intellectual property rights according to TRIPS, including national treatment, minimum standards of protection and enforcement. It also provides definitions and examples of patents, trademarks, and industrial designs, and outlines the processes for obtaining each type of intellectual property right in India.
IT learns is a company focused on artificial intelligence and automation. They can be contacted via email at enquiries@ipsoft.com for any inquiries. The document provides very little information beyond the company name and email contact.
IT learns is a company focused on artificial intelligence and automation. They can be contacted via email at enquiries@ipsoft.com for any inquiries. The document provides very little information beyond the company name and email contact.
This document discusses how IPsoft's autonomic technology platform, IPcenter, helps organizations automate their IT operations to increase efficiency and reduce costs. IPcenter uses "virtual engineers" which are automated processes that can handle routine IT tasks faster and at lower cost than human engineers. The document provides several case studies of organizations that have implemented IPcenter, such as a financial services firm that reduced the time to resolve failed trades by 93% and a healthcare company that was able to transition IT operations smoothly during a corporate spin-off.
This document provides an introduction and overview of IPsoft, including:
- IPsoft provides IT service management (ITSM) using expert system-driven automation and ITIL processes.
- Their services deliver over 30% reduction in IT costs and resolve over 56% of problems without manual intervention, reducing mean time to resolution by 60% on average.
- They have global delivery centers supporting over 1 million critical IT assets for clients across North America, Europe and Asia.
IPsoft was founded in 1998 to optimize IT through automated expert systems that emulate engineers' skills. Their technology proactively resolves over half of issues without human intervention. Embracing automation provides a marketplace advantage according to Deloitte. Clients realize 20-45% cost reductions through IPsoft's outsourced management. IPsoft compares favorably to other MSPs by resolving issues autonomously at scale through their consolidated IT management platform IPcenter.
This document provides an introduction to IPsoft, an IT service management company:
- IPsoft claims to reduce IT management costs by over 30% and resolve over 56% of problems without manual intervention through their autonomic toolsuite. They also typically reduce mean time to resolution by 60% and underwrite the cost savings from day one.
- IPsoft was founded in 1998 and is profitable. They offer ITSM as a service in North America, Europe and Asia through direct and indirect sales with operational centers in several cities worldwide.
- The document discusses how IPsoft's autonomic solutions can transform IT support by providing autonomous level 1 support and assistance at higher levels to reduce reliance on staff.
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
Intellectual Property: What is intellectual property, and why is it important? Mintz Levin
This document provides an overview of various forms of intellectual property including trademarks, copyrights, trade secrets, and patents. It discusses what each type of intellectual property protects, how to obtain protection, duration of protection, benefits of protection, and common issues to consider. The document covers topics such as trademark clearance searches, federal registration of trademarks and copyrights, requirements for patents including novelty and non-obviousness, international protection, and types of patent applications.
The document provides an overview of intellectual property issues that are important for startups, including what types of intellectual property exist, how to determine ownership of intellectual property, and common contractual provisions and other legal issues that startups should be aware of such as open source licensing, restrictions on business, and privacy concerns. It was presented by attorneys from Fenwick & West LLP, a law firm that focuses on technology companies, to provide a basic introduction to intellectual property issues relevant to startups.
TRIPS is the Agreement on Trade-Related Aspects of Intellectual Property Rights administered by the World Trade Organization. It establishes minimum standards of protection for various forms of intellectual property and enforcement procedures. TRIPS requires countries to provide patents, copyrights, trademarks, industrial designs, trade secrets, and geographical indications. It sets rules for fair use exceptions and terms of protection. Disputes are subject to the WTO dispute settlement process. Developing countries received transitional periods to delay full implementation of TRIPS.
Kko ip due diligence presentation (digital boot camp) 2016-02-17(2)Arlen Meyers, MD, MBA
This document provides an overview of intellectual property due diligence for an acquisition. It discusses timing considerations for IP due diligence and its purpose in assessing ownership, protection/liability issues, and freedom to operate. The document outlines factors that influence the scope of diligence, such as the type of investor and nature of the target's business. It also describes assessing ownership of IP assets, prior agreements, validity/strength of IP, and potential liability issues. The document concludes with discussing how to structure representations and warranties, disclosure schedules, post-closing covenants, and indemnification provisions to protect against liability.
This document summarizes key information about intellectual property (IP) ownership and common IP issues. It discusses the main types of IP - copyrights, trademarks, and patents. For each it provides examples of common problems like unclear licensing terms, failure to register trademarks, and missed patent deadlines. The document aims to help people understand IP rights and avoid infringement claims by clarifying ownership upfront.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how companies have benefited from or lost value due to their intellectual property. Finally, it discusses best practices for protecting intellectual property, such as patents, non-disclosure agreements, and employee agreements.
This document discusses maximizing and protecting intellectual property. It defines intellectual property as patents, copyrights, trademarks, and trade secrets. It emphasizes the importance of intellectual property for companies and provides examples of how intellectual property adds value. Finally, it discusses strategies for protecting intellectual property, such as patents, non-disclosure agreements, and employee contracts, as well as generating revenue from intellectual property through licensing.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
This document provides an overview of copyright and key terms in IT contracts. It begins with an introduction to intellectual property and different types of IP protections. It then discusses common copyright problems that can arise, such as misunderstanding the scope of rights granted in a software license. The document also covers important contract terms for various types of IT agreements, such as those related to development, licensing, services, pricing, and limitations on liability. Key considerations for contract terms like ownership, IP licenses, and warranties are also outlined.
Deck designed and delivered by Ian Bell from the Canadian Intellectual Property Office during his session at the Vancouver Innovation Labs (May 24th, 2016)
The document discusses key considerations for protecting intellectual property when exporting products. It notes that intellectual property protection is territorial, so companies must obtain protection in each export market to benefit from rights in those countries. The document provides 10 points to remember, including that deadlines exist for seeking international protection, ownership of intellectual property developed with partners must be clarified, and trademarks cannot have undesirable meanings in export markets. It also summarizes the Hague Agreement system for simplifying international industrial design registration.
Intellectual Property Slide Deck for Video ProjectBrouseMcDowell
This document provides an overview of intellectual property, including patents, trademarks, copyrights, and trade secrets. It discusses what these different types of intellectual property are, why they are important for businesses, and best practices for protecting intellectual property. The key topics covered include how to obtain patents and trademarks, important considerations around intellectual property for mergers and acquisitions, and potential intellectual property issues businesses may face.
This document discusses key intellectual property issues for new business leaders. It covers the main types of intellectual property - patents, trade secrets, copyrights, and trademarks. For each type, it describes what they are, how to obtain them, their value, and important considerations. The overall message is that business leaders need to understand intellectual property in order to protect their ideas and brands through the appropriate legal means. They must also be aware of enforcement and ownership issues related to intellectual property.
Partners Melanie Seelig and Mauricio Uribe continued the two-part, comprehensive discussion on trade secrets. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios .
Speakers: Melanie Seelig and Mauricio Uribe
The document discusses intellectual property, focusing on trade secrets. It defines trade secrets, provides examples of information that can be considered trade secrets, and outlines best practices for establishing and protecting trade secrets, such as conducting a trade secret audit, appointing a compliance officer, using non-disclosure agreements, and monitoring compliance. Trade secrets offer perpetual protection as long as secrecy is maintained, but providing no exclusivity and being more difficult to enforce than patents.
This document provides an overview of patents, industrial designs, and trademarks under Malaysian intellectual property law. It defines what constitutes a patentable invention, patent application process, rights conferred by a patent, and term of patent protection. For industrial designs, it outlines eligibility requirements, registration process, rights granted, term of protection, and types of designs that cannot be registered. Finally, it discusses definitions and functions of trademarks and importance of trademark registration.
This document discusses protecting intangible assets such as intellectual property, innovation, corporate identity, and product designs. It outlines various means of legal protection including patents, copyrights, trademarks, and trade secrets. Patents protect inventions, copyrights protect creative works, and trademarks distinguish corporate and product identities. The document advises developing a comprehensive strategy for identifying valuable assets, obtaining appropriate protections, and exploiting rights through licensing to maximize their value.
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
Similar to 2014-04-04 Xurias - Marketing & soft IP (20)
The document discusses the role and application of European Union law by the Unified Patent Court (UPC). Key points include:
- The UPC will apply EU law first in its entirety and respect its primacy over other laws. It must cooperate with the Court of Justice of the EU (CJEU) and refer questions to ensure correct application of EU law.
- The UPC will apply substantive laws in the following order: EU law, UPC Agreement, European Patent Convention, international agreements, and national laws of contracting states.
- The UPC judgments will be recognized in EU member states under the Brussels I Regulation. However, recognition can be refused if manifestly contrary to public policy.
- The
The document discusses regulations for packaging and labeling of tobacco products in the European Union. It proposes that tobacco product packaging have health warnings covering 75% of the front and back surfaces, with additional warnings on the sides. This raises intellectual property issues as it significantly reduces the space available for trademarks and branding. The document analyzes how these regulations may infringe upon trademark rights and property rights under EU and international laws. It examines relevant case law and argues the regulations do not adequately balance free movement of goods with intellectual property protection.
2013-09-26 Pharmacovigilance and transparencyWouter Pors
This document discusses transparency regulations as they relate to pharmacovigilance. It outlines the EU Transparency Regulation which provides a right of access to documents from EU institutions. The EMA has its own transparency policy applying these rules. Case law is developing around balancing transparency with protecting confidential information. The AbbVie v EMA case suspended disclosure of clinical reports pending a decision on protecting confidential industry information. Overall, the law around pharmacovigilance and transparency is evolving as more information becomes available to the public.
The document discusses the future of patent litigation in Europe under the proposed Unified Patent Court (UPC) system. It outlines that there will be three options for patents - traditional European patents, European patents with unitary effect covering 24 EU states, and national patents. Litigation will occur either at the new Unified Patent Court which will have jurisdiction over unitary patents, or national courts which will handle traditional European patents and national patents. The document provides details on the structure of the UPC, options for patentees and opposing parties, language rules, and timeline for implementation of the new system.
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
The document summarizes the Unified Patent Court (UPC) system that is being established in Europe. It discusses the current system of patent litigation across multiple countries in Europe and outlines the future UPC system that aims to provide a single court system. Key points include that the UPC will have exclusive jurisdiction over Unitary patents and transitional jurisdiction over traditional European patents. It will be composed of a Court of First Instance and Court of Appeal. The UPC is intended to provide a more unified approach to patent litigation in Europe.
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)
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)
Cross Border Infringement On The InternetWouter Pors
This document discusses cross-border copyright infringement on the internet from the Dutch perspective. It addresses questions of whether a court has jurisdiction, which law should apply, and what remedies may be granted for infringement. Specifically, it examines when a website's content or products offered may infringe intellectual property rights. It also analyzes case law establishing when a website is considered directed at the Netherlands, granting jurisdiction to Dutch courts to order injunctions or damages.
The Netherlands provides strong intellectual property protection for companies in the semiconductor industry. It offers both national patent protection and participation in the European Patent Convention. Copyright law also protects semiconductor designs due to the low threshold for original creative work. Litigation occurs primarily in The Hague, Netherlands and courts there appreciate the importance of protecting inventions. Professional legal support is available from international law firms to help companies obtain and enforce their intellectual property rights throughout Europe.
1. The document discusses developments in cross-border injunctions for intellectual property cases in Dutch courts.
2. Key cases, such as Roche v. Primus, have limited the broad ability of Dutch courts to issue cross-border injunctions due to jurisdictional issues.
3. The document analyzes recent Dutch court rulings that have interpreted European Court of Justice cases like GAT v. LUK, and have further refined the approach Dutch courts take to cross-border injunctions in patent cases.
1. Melt extrusion can be patented in several ways, including patents on the combination of an active substance and excipients used in melt extrusion or patents on the specific process of manufacturing a product through melt extrusion.
2. The best patent protection is to claim the active ingredient regardless of form and to claim various specific forms that include an inventive step beyond the prior art. It is also beneficial to claim a broad range for the combination of active ingredient and excipients.
3. To achieve the strongest validity, claims should focus on the specific process and specific combination, as these are most likely to prevent competition that uses a different process or excipient.
This document discusses the scope of protection and limitations on packaging design from both a design rights and trademark perspective. It notes that while packaging serves important marketing and protective functions, design freedom is limited by technical requirements. For design rights, features solely dictated by technical function receive no protection. For trademarks, shapes that are exclusively technical, necessary to achieve a technical result, or give substantial value to goods are excluded from protection. The document provides examples from case law that illustrate how these principles are applied to packaging designs.
This document discusses privilege for IP professionals in the Netherlands. It notes that there are no specific provisions for privilege in IP laws, and privilege is governed by general codes and case law. Statutory law only guarantees the right to refuse testimony in court. Traditionally, the Supreme Court awarded privilege to lawyers, physicians, notaries, and journalists. The Supreme Court takes an open approach and will consider privilege for other professions on a case-by-case basis if there is a legal obligation of confidentiality and the interests of confidentiality outweigh disclosure. Currently, lawyers admitted to the bar and possibly patent attorneys are guaranteed privilege, while in-house lawyers and other IP professionals are not. The document advocates for international treaties on privilege
This document summarizes key aspects of patent infringement disputes and procedures in The Netherlands. It discusses:
1) Reasons why The Netherlands is an attractive forum, including its trade hub location, major port and airport, use of English and German, and specialized patent judges.
2) The Dutch legal system and patent litigation process, which involves district courts, courts of appeal, and supreme court review. Most patent cases are handled in The Hague.
3) Procedures for various types of patent cases, including full proceedings typically taking 2-2.5 years, accelerated proceedings, and preliminary injunctions over 6-8 weeks or ex parte within 1-2 days.
4) Details on ex
2009 04 21 Ip Portfolio Management Solar Energy SectorWouter Pors
The document discusses intellectual property strategies in the solar energy sector. It outlines different types of intellectual property like patents, copyrights, and trademarks. It emphasizes that innovation and protecting innovations through intellectual property is important for companies to remain competitive in this sector. It also discusses developing strategic patent portfolios, participating in patent pools, analyzing freedom to operate needs, and the importance of standards essential patents. The overall message is that companies in the solar energy industry need to develop an intellectual property strategy to analyze the competitive landscape, build patent portfolios, and ensure freedom to operate.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
2. Today’s presentation & approach
• What are we going to discuss?
– Prevent overlap
• What can you expect from me?
• The story is more important than the boiler plate
• Localize & customize
– Is the agreement cross-border or national?
– Does (foreign) statutory law take priority over law of choice?
– What does the partner expect?
• Culture: common law parties want extensive contracts
• How to control your lawyer
– Does he understand what you want?
– Lawyers put in too much for fear of liability
– Stacking of previously used clauses
– Do you still understand the meaning of the agreement?
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8. 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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10. Subject of protection - innovation
• Purpose
• Protecting developments
• Others will not block you from use
• Licensing portfolio
• Cross-licensing
• Create value
• Attract investors
• Means
• Patents - obtained by application and grant
• Copyright - ensues from act of creation
• Know how - dependent on confidentiality
10
11. Means 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
• New in 2016: Unitary Patent & Unified Patent Court
• 47(2) UPC Agreement: exclusive licensee can bring action (unless)
• 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
• EU Directive in 2015 – TRIPs definition, consent of the trade secret holder
http://tinyurl.com/ld2oxlr
• Trade secrets are a hot topic
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14. Subject of protection – look & feel
• Corporate identity
• Identifying your company
• Marketing your company
• Creating goodwill (value)
• Separate from competition
• 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
14
15. Means of protection
• 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
• 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
15
16. Things can go wrong
Atos + Origin = Atos Origin
Atos Beleidsadvies en Onderzoek BV
16
19. Brand development
• Strategy
• Choose brands
• Clear freedom to operate
• Further develop brands
• Protection
• Develop look & feel
• Obtain or create marketing materials
• Implement and educate
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20. Brand development agreement (1)
• In how far does developer need to familiarize himself with client’s
business
– Amount of time spent
– Team members involved
• Level of input by client
– Strategy, mission statement
– Specific characteristics, core values
– Nature of the products or services
– Regulatory requirements (i.e. life sciences)
– Sector jargon & standards (smartphone, blackphone)
• Concept development
• Concept approval
• Brand development
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21. Brand development agreement (2)
• Marketing materials, text writing
– Are materials developed or purchased?
– Who will clear permission for use?
– Who provides text content?
• Freedom to operate (third party rights; level of due diligence)
• Milestones & deadlines – changes on the go
• What will exactly be delivered at each stage
• Costs of replacement of team members
• Who will own IP rights (HR 25-10-2013, IEF13179, Vuurkorf – need contract)
– Authorisations by free lancers, etc
– Registration of IP rights – cooperation with regard to formalities
– Licensing in
– Warranties and indemnification
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22. Brand development agreement (3)
• Implementation in the company
– Brand book
– Training of staff
– Training of licensees and customers
• Market introduction
– Commercials
– Advertisements
– Social media
• Evaluation
• Adaptation, updating
• Lifecycle management
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23. Brand development – strategic asset
• Massive confidential information
• Knowledge of Strengths, Weaknesses, Threats, Opportunities
• Freedom to operate
– Strength of IP rights
– Third parties rights
– Litigation and settlement strategy
• Value sensitive information
• Confidentiality
– Impose on all people involved
– Lawyers & patent attorneys have legal privilege
– Trademark attorneys and consultants do not
– WIPO Group B+ proposal for Agreement on Client Attorney Privilege
23
24. Trade secrets - confidentiality
• Traditional approach
• Definition (source: Weagree)
– Confidential Information means any information of a non-public, confidential or
proprietary nature, whether of commercial, financial or technical nature, customer,
supplier, product or production-related or otherwise, including samples, information
relating to raw materials, specifications, software, patent applications, process
designs, process models, materials and ideas, disclosed by a Party (the Disclosing
Party) to the other Party (the Receiving Party). Such information may be disclosed in
any form, provided that it is disclosed reasonably in connection with this Agreement
• Exceptions
– information which is in the public domain other than as a result of breach of this
Agreement
– information which the recipient party can demonstrate in writing was received, free
of any obligation of confidentiality, from a third party which itself was not under any
obligation of confidentiality in relation to that information
– information which the recipient party can demonstrate in writing was developed or
created independently by or on behalf of the recipient party or any member of the
recipient party's Group
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25. Trade secrets – Directive definition
• Information which is secret in the sense that it
– is not, as a body or in the precise configuration and assembly of its
components, generally known among or readily accessible to persons
within the circles that normally deal with the kind of information in
question
– has [ ] commercial value because it is secret
– has been subject to reasonable steps under the circumstances, by the
person lawfully in control of the information, to keep it secret
• TRIPs definition
• Extends to any type of information that meets these requirements
• Definitions covers traditional exceptions
• Full harmonization of definition and exceptions
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26. Trade secrets – Directive exceptions
– independent discovery or creation
– observation, study, disassembly or test of a product or object that has
been made available to the public or that it is lawfully in the
possession of the acquirer of the information who is free from any
[ ] duty to limit the acquisition of the trade secret
– any other practice which, under the circumstances, is in conformity
with honest commercial practices
– further limitations include:
• legitimate use of the right to freedom of expression and information
• revealing a misconduct, wrongdoing or illegal activity, provided that the
alleged acquisition, use or disclosure of the trade secret was necessary for
such revelation and that the respondent acted in the public interest
• disclosure by workers to their representatives as part of the legitimate
exercise of their representative functions
• protecting a legitimate interest recognised by law
• fulfilling a legal obligation [= required by law]
26
27. Trade secrets – agreement options
• Obligation to install and maintain sufficient protection
• Disclosure on need to know basis
• Limitations on Dropbox, Bring Your Own Device, USB-sticks
• Chinese walls in network architecture?
• Imposing equal obligations on employees and others
– The Directive does provide for remedies in absence of consent
– Requirement of intent or gross negligence has been deleted
– Express contractual obligations are always preferable
• Any relevant issue should be reported
• Return info upon termination
• Confidentiality survives termination
27
28. Trademarks - contracting
• Trademark Directive 2008/95/EC – article 8
1. A trade mark may be licensed for some or all of the goods or services for
which it is registered and for the whole or part of the Member State
concerned. A licence may be exclusive or non-exclusive.
2. The proprietor of a trade mark may invoke the rights conferred by that
trade mark against a licensee who contravenes any provision in his licensing
contract with regard to:
(a) its duration;
(b) the form covered by the registration in which the trade mark may be
used;
(c) the scope of the goods or services for which the licence is granted;
(d) the territory in which the trade mark may be affixed; or
(e) the quality of the goods manufactured or of the services provided by the
licensee.
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29. Meaning of Article 8
• A licensee does not infringe as long as the licence is not terminated
– Except if he violates a section 2 condition
– Provisions on section 2 issues should be in any agreement
– Violation outside section 2 is only breach of contract
– Trademark rights are still exhausted
– Third party who obtained goods from licensee does not infringe
• Case Study: O’Lacy
– Intergro buyer’s cooperative
• Trademark owner: Asko Group, sublicensed
– Members: Konmar, Jumbo, etc
– Van Eerd: wholesale, have made rights
– Marktkauf: third party buyer of Van Eerd
• No infringement
• Breach of contract by Van Eerd
• Competition law risk if enforced?
29
30. Trademark rights - Directive
• Article 5: infringement – similar sign, similar goods/services
– If use adversely affects or may affect a function of the trademark (origin,
quality, communication, investment, advertising – see CJEU Interflora)
• Article 6: limitations
– Own name or address
– Indications concerning the kind, quality, quantity, intended purpose, value,
geographical origin, the time of production or other characteristics
– Trademark if necessary to indicate the intended purpose of a product or
service, in particular as accessories or spare parts
• Article 7: exhaustion
– Consent for the Union (EEA)
– Burden of proof on alleged infringer, each individual product (CJEU Davidoff)
30
31. Case study: termination of licence
• CJEU 19-9-2013, C-661/11, Martin y Paz v David Depuydt
– Cooperation between two companies, but one is “formal” trademark
owner
– Trademark owner has granted “irrevocable” consent to use the
trademark
– But claims this consent can be withdrawn
– Belgian Court assumes permission cannot be terminated under
national law
– Referral: does this mean that the owner cannot invoke his trademark?
– Are injunctions for ever impossible?
– Or should there be another sanction?
– Referring Court: this is not a licence
– Advocate General: for all practical purposes, this is equal to a licence
31
32. CJEU Martin y Paz v David Depuydt
• CJEU gives a far-reaching ruling on the issue
– Articles 5 – 7 Trademark Directive provide full harmonization
– Except as provided in Article 8, a national Court cannot limit the trademark
owner’s rights beyond Article 5 – 7
– Permission as granted leads to exhaustion under Article 7
– However, only for products put on the market before permission was revoked
– A national Court can impose a sanction for unlawfully revoking permission,
such as compensation of damages
– Sanction cannot lead to continued use of the trademark for indefinite period
– Conclusion: permission to use a trademark can always be revoked
– Former licensee only protected by rules on exhaustion
– Agreement could provide for sanction in case of termination on short notice
– Maybe fallback notice period of less than one year?
32
33. Further licensing issues
• Co-ownership (disaster?)
– Alternative: joint IP holding
• Security for licensee
– Usufruct – perfect, but too inflexible
• Can probably only be granted once
• Only in some countries
– Pledge – no right to use, just claim to some money
– US Bankruptcy Code section 365(n)
• Proposal Dutch AIPPI working group on Q241
• Authority to update licensing policy – obligation to comply
• Licensee prohibited from registering IPR’s and domain names
• Act in best interest of the IP rights
• Sublicensing
33
34. Coexistence agreements
• It is not illegal not to invoke a trademark
• Right holder is not required to attack each infringer
• Some agreements are anti-competitive
– Artificial market division
– Pay for delay (life sciences)
– However, full coexistence is by definition not anticompetitive
• Agreement of limited coexistence may be a problem
– More possibilities in case of settlement of true conflict
– Basis in scope of rights
– Limit to existing business; or further limitation
– Non usus, CJEU IP Translator
– If based on claim of infringement, reasonable chance of success
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35. Copyright - Moral rights
• Non-transferable
• Enforceable by heirs, if provided in last will
• Right to prevent publication – unless transferred
• Article 25 Copyright Act
– acknowledgement of name or other indication as author (waiver)
– resist alteration of the work, subject to reasonableness (waiver)
– right to change or update the work (waiver)
– communication under a name other than his own, any alteration in the name
of the work (limited waiver)
– distortion, mutilation or other impairment of the work (limited waiver)
• Case law:
– Supreme Court 1-7-1985, NJ 1986/692, Frenkel v KRO, right to publication
– Contract may provide for resolving, or exclude duty to publish
35
36. Litigation
• Arbitration of ordinary court?
• Which venue?
– Specialized court
– Speed of litigation (UK, DE, NL)
– Possibility to keep court files confidential (US, UK, NL)
– Confidentiality club (US, UK, NL)
– Preliminary injunctions (NL)
– Injunction based on application (IT)
– Translations
• Translation of evidence required?
• Translators admitted to hearing?
– Legal costs
– Costs orders
36