This document provides an overview of a lecture on commercializing intellectual property and technology transfer. It covers topics such as IP commercialization strategies like licensing and technology transfer agreements. It also discusses IP audits to evaluate internal and external IP assets, and the role of border measures in customs authorities dealing with suspected infringing goods. The lecture includes examples, case studies, and exercises to illustrate key concepts in commercializing IP and managing international supply chains.
IPR: Legal Issues in Research Data Collection and Sharing by EUDAT | www.euda...EUDAT
| www.eudat.eu | v1.0, June 2014 - The development of skills and competence to manage IPR and leverage its influence requires increasing focus. However, how much detail do you know? Take copyright for example, What exactly is protected?, What rights are reserved and for how long? This presentation addresses such questions on copyright and other topics such as Database Right, Trade Secret and Licensing.
Who is it for?: Researchers, Data Managers, General public.
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
IPR: Legal Issues in Research Data Collection and Sharing by EUDAT | www.euda...EUDAT
| www.eudat.eu | v1.0, June 2014 - The development of skills and competence to manage IPR and leverage its influence requires increasing focus. However, how much detail do you know? Take copyright for example, What exactly is protected?, What rights are reserved and for how long? This presentation addresses such questions on copyright and other topics such as Database Right, Trade Secret and Licensing.
Who is it for?: Researchers, Data Managers, General public.
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Librarians as Archivists and Defenders of IP Rights was originally presented to the World Affairs Council of New Hampshire delegation of librarians and archivists from the Carribean. It was provided to NHCUC library directors by Jon Cavicchi in September 2016
Once you identify a problem within an industry or industries, you should delve into it more deeply. Questions might include:
- What are the various perspectives on this issue? Who are the stakeholders?
- Who benefits from the current situation and who loses out?
- Is it widely acknowledged to be a problem? Why or why not? By all or only by some?
- When/why/how did the problem come to be?
- Are there relevant sources of federal or state law, including cases or statutes, that exacerbate, ameliorate, or contributed to the creation of this problem?
- Are there cases that acknowledge the problem? How do they frame it? - Are the approaches of various jurisdictions consistent or inconsistent?
- What, if anything, brought the problem to a head or led to awareness of it?
- Would any proposed legislation or pending cases resolve the issue?
- What is the universe of possible solutions?
- Which solution do you advocate and why?
- What values motivate that choice?
"Intellectual Property Basics for Entrepreneurs"--presentation by Pat Werschu...GoldsteinPatentLaw
Goldstein attorney Pat Werschulz was a guest lecturer at Rutgers University on Wednesday, February 20. Pat spoke on “Intellectual Property Basics for Entrepreneurs,” to the graduate students in Ernest Ruffin, Jr.’s ‘Foundations of Entrepreneurship’ course. Mr. Ruffin is Managing Director of ECSMG Consulting, LLC (www.ecsmg.com), and Adjunct Professor of Entrepreneurship at the university. The course is a core requirement of the Entrepreneurship MBA program at Rutgers.
This presentation begins with a brief introduction of the history and goals behind copyright. It then explores some of the basics of copyright, including questions about copyright eligibility, copyright duration, registration, obtaining copyright permissions and its distinction from other intellectual property rights (patent, trademark) and plagiarism. Finally, considerable time is spent discussing copyright law's Fair Use Exemption, one of the more confusing -- yet most important -- issues in copyright for student journalists. The presentation includes a number of true-to-life examples that should help students understand where the legal boundaries lie.
Librarians as Archivists and Defenders of IP Rights was originally presented to the World Affairs Council of New Hampshire delegation of librarians and archivists from the Carribean. It was provided to NHCUC library directors by Jon Cavicchi in September 2016
Once you identify a problem within an industry or industries, you should delve into it more deeply. Questions might include:
- What are the various perspectives on this issue? Who are the stakeholders?
- Who benefits from the current situation and who loses out?
- Is it widely acknowledged to be a problem? Why or why not? By all or only by some?
- When/why/how did the problem come to be?
- Are there relevant sources of federal or state law, including cases or statutes, that exacerbate, ameliorate, or contributed to the creation of this problem?
- Are there cases that acknowledge the problem? How do they frame it? - Are the approaches of various jurisdictions consistent or inconsistent?
- What, if anything, brought the problem to a head or led to awareness of it?
- Would any proposed legislation or pending cases resolve the issue?
- What is the universe of possible solutions?
- Which solution do you advocate and why?
- What values motivate that choice?
"Intellectual Property Basics for Entrepreneurs"--presentation by Pat Werschu...GoldsteinPatentLaw
Goldstein attorney Pat Werschulz was a guest lecturer at Rutgers University on Wednesday, February 20. Pat spoke on “Intellectual Property Basics for Entrepreneurs,” to the graduate students in Ernest Ruffin, Jr.’s ‘Foundations of Entrepreneurship’ course. Mr. Ruffin is Managing Director of ECSMG Consulting, LLC (www.ecsmg.com), and Adjunct Professor of Entrepreneurship at the university. The course is a core requirement of the Entrepreneurship MBA program at Rutgers.
This presentation begins with a brief introduction of the history and goals behind copyright. It then explores some of the basics of copyright, including questions about copyright eligibility, copyright duration, registration, obtaining copyright permissions and its distinction from other intellectual property rights (patent, trademark) and plagiarism. Finally, considerable time is spent discussing copyright law's Fair Use Exemption, one of the more confusing -- yet most important -- issues in copyright for student journalists. The presentation includes a number of true-to-life examples that should help students understand where the legal boundaries lie.
HBS seminar 3/26/14: Dark Markets, Bad Patents, No DataBrian Kahin
This presentation for the Digital Initiative at Harvard Business School looks at how digitization interacts with the patent system and the systemic dysfunction that results. This version is annotated for the benefit of the reader.
Why should you care about intellectual property?Azèle Mathieu
The sooner an entrepreneur think about protecting his/her intellectual property the better. This does not mean, not sharing his/her ideas. It simply means sharing ideas in a clever way!
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
Caveon Webinar Series: Protecting Tests Using Copyright Law Caveon Test Security
U.S. copyright laws can be used to protect the integrity of your tests and keep your exam from being copied. And when your exam content winds up online, the U.S. Copyright laws can also be used to remove that content from infringing web sites.
Kenneth Horton, from the law firm of Kirton and McConkie, discussed key issues on this important topic. With a technical degree, a business degree (MBA), and a legal degree, Ken provides a multi-disciplinary approach to intellectual property services. These services are enhanced by his constant research into both the legal and strategic aspects of intellectual property required by his teaching position as an associate professor in IP Strategy. Ken exhibits an entrepreneurial flair through investing in—and consulting with—technology-focused companies.
Ken was joined by Senior Web Patroller for Caveon, Cary Straw, who shared other aspects of finding infringing content online.
My presentation to the Law Society of Ireland Diploma in IP/IT law class on the EU Border Measures Regulation. This regulation provides a procedure under which EU customs authorities may detain goods suspected of infringing certain IP rights pending the initiation of enforcement proceedings.
Talk given to the Irish branch of the Licensing Executives' Society. Talk covers how intellectual property dynamics intersect with Ireland's FDI strategy.
This presentation speaks about how Ireland's foreign direct investment policies have developed in the last 50 years. The presentation describes the new IP trading industry and suggests how Ireland can build on it's foreign direct investment pedigree in the intellectual property space.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
3. How you can capture more CRM data to understand your audience better through video testimonials. 📊
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
An introduction to the cryptocurrency investment platform Binance Savings.Any kyc Account
Learn how to use Binance Savings to expand your bitcoin holdings. Discover how to maximize your earnings on one of the most reliable cryptocurrency exchange platforms, as well as how to earn interest on your cryptocurrency holdings and the various savings choices available.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
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Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
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Outline
• Recap on IP – 20 mins
• Origins of IP – 20 mins
• Commercialisation – 20 mins
• IP Audit – 15 mins
• Technology transfer and licensing – 30 mins
• Break 15 mins
• Heads Exercise – 15 mins
• Licensing Exercise – 15 mins
• Supply chain issues - 15 mins
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Recap- Patent
• Monopoly rights for inventions
– Novel
– Inventive step
– Industrial application
• Not abstract, aesthetic or mental “as such”
– Computer programs
– Scheme for playing a game
– Business methods
– Presentation of information
• Territorial
• 20 years
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Recap-Design
• Appearance of whole or part of a product resulting from the
features of, in particular, the lines, contours, colours, shape,
texture, and/or materials of the product itself and/or its
ornamentation.
– Territorial (but RCD)
– Cheap
– 25 years subject to renewal
– Becoming more important in mobile/UI etc
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Recap-Trade mark
• Sign – Graphical – Indicator of Origin
• Indicator of origin
– Protects consumers by indicating quality
– Protects owners from unfair competition
• Classes of goods and services
• Indefinite subject to renewal and maintenance of validity
• Territorial
• CTM
• Note collective and certification marks
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Recap-Copyright
• Literary, dramatic, musical or artistic works
• Sound recordings, films, broadcasts, typogrpaphy
• Criteria
– EU: Author’s own intellectual creation
– US: Spark of creativity
• Idea/Expression
• Restricted acts
– Copy
– Distribution right
– Rental or lending rights
– Performance right
– Communication right
– Adaptation right
• Moral rights
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Recap Database
• Original database under copyright
– Author’s own intellectual creation involved in the selection and
arrangement of contents
– E.g. compilations (even of facts or other non-copyright material)
• Sui generis right
– Substantial investment in obtaining, verifying or presenting contents
of the database
– But not creating!
– Extraction and re-utilisation are restricted
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Welfare or incentive theory
• Basics
– It is rooted in utilitarianism, the principle that we should pursue “the greatest happiness
for the greatest number.”
– This is prospective (forward-looking) and collective (group-based) theory.
– The “public goods problem”: Public goods (those that are nonrivalrous and
nonexcludable) are under-produced.
– government can solve the public goods problem in several ways. One way is to protect
the producers of public goods against competition. Copyright does this.
• Copyright policies welfare theory might favour
– Protections calibrated to incentivize production of works without going “too far”
• Copyright policies welfare theory might disfavour
– Very long copyright terms
– Retroactive extensions of copyright terms
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Fairness
• Basics
– Each person has a natural right to the fruits of his or her intellectual labour.
– It is based on Locke’s theory that labour upon land held in common gives the labourer a
right to the land and the fruits.
– Modified form (equity theory): A theory of distributive justice—each person deserves a
share of the fruits of a collective project proportionate to the magnitude of his or her
contribution to the venture.
• Copyright policies fairness theory might favour
– Rights to factual works
– Fair compensation of contributors to composite works
• Copyright policies fairness theory might disfavour
– Tempering copyright to reflect contributions of materials from the public domain (but
fairness theory might also favour this)
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Personality (or personhood) theory
• Basics
– Many human needs (e.g. privacy, autonomy, self-realization) are served by private property rights.
– Intellectual products are manifestations or extensions of the personalities of their creators.
– Appreciation of creators’ personal interests provides support for “moral rights.”
– Modern modification: All persons must be enabled to express themselves artistically, and creativity is
increasingly dependent upon re-use of extant intellectual products.
– Influence of Kant and Hegel
• Copyright policies personality theory might favour
– Policies that “protect” artists from themselves (such as termination of transfers)
– Fair use (or a similar exception) for transformative works
– Moral rights
• Copyright policies personality theory might disfavour
– Copyright terms that are shorter or longer than the life of the author
– Work-for-hire doctrine
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Culture Theory
• Basics
– Human nature is mysterious but discoverable. It causes people to flourish more under some
conditions than others. Social and political institutions should be organized to facilitate that
flourishing.
– Certain conditions (e.g. life, health, autonomy, but see map) are necessary for the full realization
of personhood.
– It favours a certain kind of distributive justice and is based on the premise that
diversity, art, education, and democracy (political and semiotic) are desirable.
• Copyright policies culture theory might favour
– Increased opportunities (under fair use or similar) for creative reuse of works
– Moral right of attribution
– Formalities
• Copyright policies culture theory might disfavour
– Privileges for “consumptive” uses (such as Sony)
– Moral right of integrity
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Historical
• UK
– Statute of Monopolies (1623)
– Statute of Anne (1709)
– US constitution
• Up to 19th century national in scope with little international
cooperation
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International Harmonisation
• International Treaties to set minimum standards
– Berne convention
– Paris convention
– WIPO Treaties
– TRIPS, ACTA and other free trade agreements
• Trend is for more harmonisation driven by Western (i.e. US)
priorities
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Domestic Legislation
• Patents Act
• Trade Mark Act
• Industrial Designs Acts
• Copyright and Related Rights Act etc.
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Common Law Rights
• Passing off
– Complements registered trade mark rights
– Goodwill
– Misrepresentation
– Damage to goodwill
• Confidentiality
• Privacy
– E.g. image rights
– Poorly defined
– Overlap with data protection and other law
– Varies with jurisdiction
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Types of Agreement
• Pure IP Licence
– E.g. patent
• Technology Transfer
– Mixed know-how and IPR
• Technical assistance
– Communicate technology and provide services
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Motivation
• For the licensee:
– need for up-front cash to reduce the cash burn;
– freeing up resources for further development of other products;
– lack of expertise and know-how if the technology/product in question has spun off from other technologies
or products;
– benefit from the development expertise of licensor;
– reduction of development cost in favour of other products;
– avoidance of patent litigation if the licensee could potentially block the commercialisation of the product or
technology.
• For the licensor:
– fill in gaps in the product pipeline;
– access technology rather than building expertise in-house;
– expansion into new areas;
– gain earlier access to market compared with in-house developed products;
– build or strengthen a franchise in a particular territory;
– total amount available for licensing a technology or product.
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Checklist
• Preliminary
– Availability of protection (patent, confidentiality)
– Direct exploitation
– Sale of technology
– Licensing
– Choosing a suitable licensee
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General considerations
• Royalty levels
– Degree of exclusivity
– Industry practice
– Benefit to licensor
– Differential rates
• Confidentiality
• Heads of agreement
• Local law
• Competition law
• Technical Assistance
• Tax
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Confidential information
• No IP right per-se
• Circumstances giving rise to obligation
– Contract
– Implied by circumstances/relationship
– Statute
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Introduction
• Border Measure Regulation (BMR) is an important tool for the
IP strategist advising global companies
• Procedures for customs authorities relating to goods
suspected of infringing certain intellectual property rights
• Normally to facilitate infringement proceedings
• Goods imported or exported or transiting EU customs area
• Supply chain consequences
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Strategy
• Understand your supply chain
• Identify points of import/export/transit in EU Customs area
• Strategic use of various national and community rights
• Risk analysis for potential infringements
• Surveillance program for potential infringers
• Preparation for action or reaction
– Forms/contacts
– Proofs
– IP right coverage of goods
• Readiness to initiate or defend judicial procedures
• Readiness to walk away from a shipment?
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Customs Procedures
• Which rights
• Where to apply
• How to apply
• What will customs do?
• When to apply
• Who to apply to
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Pirated Goods
– Copies made without consent of copyright or design right holder
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Infringement
• Patent
• Supplementary Protection Certificate
• Plant variety right (national or community)
• DO and GI (national or community)
• Geographical designation (community)
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IP Right National Rights Community Rights
Registered Trade Mark
Unregistered Trade Mark
Copyright + Related Rights
Registered Design
Unregistered Design
Sui generis Database
Patent
Utility Model
SPC (medicines and plants)
Geographical Indication
Designation of origin
Geographical Designation
Plant Variety Right
Semiconductor Topography
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Irish Law
• Regulation is directly effective
• SI 244/2005 is implementing regulation
• Designates Revenue as competent customs authority
• Offences
– False or misleading details in an application
– False declaration
– Aiding and abetting
– Summary offence up to €5,000 fine
– Personal and corporate criminal liability
– Probation Act does not apply
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Goods in Transit
• Are they put on the market
• Manufacturing fiction
• Over ruled in Philips/Nokia
• Challenged by India and Brazil before WTO
• New guidelines on goods in transit
• Mere placing under customs control not infringement
• Must be a “commercial act” directed at the European market
– Sale or offer
– Advertising
– Apparent from documents incl. Instruction manuals
– Risk of fraudulent diversion
– Destination not provided where it is required
– Lack of identity where it is required
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Infringement
• Infringement under law of Member State in which the
application for customs action is made
– Note copyright law is quite fragmented
• Understand what the infringement is and whether or not there
are any local law issues
• UK, NL, DE etc
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Procedure
• RTFM!
– http://ec.europa.eu/taxation_customs/resources/documents/custom
s/customs_controls/counterfeit_piracy/right_holders/manual_en.pdf
• Use the forms
• Who
– Rights Holder
– Licensee
– Representative of above
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• Customs can act ex-oficio (i.e. off their own bat)
• Application can be made with effect lasting up to a year
• No need for actual knowledge of infringement
– Can be used if suspicion
– General surveillance
• No Fee but applicant pays for translations
• Can be renewed with 30 day processing time
• No procedure for automatic extensions
• Two procedures
– National covers one member state and a national right
– Community can cover multiple member states but limited to community rights
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• Mandatory information
– Proof of right
• Certificate or other
– And if licensee or representative
• License
• Letter of authority/proxy
– Technical information concerning goods
– Any specific information concerning type or pattern of fraud
– Name and address of contact person appointed by right-holder
– Article 6 declaration
– For Community Applications also name and address of right holder in each of the
member states concerned
– Other information
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Practical Tip
• Tell customs what a regular shipment looks like and what an
irregular shipment should look like.
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• 30 Working days to make a decision
• Duty to notify customs if
– rights cease to be valid
– No longer enforceable by right holder
– Change in contact information
– New information
– Withdrawal
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If a shipment is discovered
• Customs may detain or suspend release
• Inform
– Customs office that processed application
– Right holder
– Holder of the goods
• Names and address of consignor etc
• Samples
• Note obligations on use of information
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Procedure after detention
• Simplified procedure where there is a settlement
• 10 working days to initiate proceedings
– Max 10 day extension
– Shorter period, no extension for perishable goods
• For certain rights goods may be released pending litigation
once security is provided by owner or related party
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Cases
• Class International
– Aquafresh
• Montex
– Diesel
• Philips
– Electric shavers intercepted at Antwerp port
– Detained
• Nokia
– Nokia phones and accessories intercepted at Heathrow
– Released applying Montex
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Proposed New BMR
• Part of Strategy on IPR and Single Market Act
• New rights
– Trade Name
– Semiconductor Topography
– Utility model
– Parallel trade (by removing current Article 3)
– Circumvention of technical measures
• Simplified procedure
– “where it is clear that the goods are counterfeit or pirated”
– Small postal e-commerce transactions
– No right holder involvement and customs pays for destruction
– Recipient is not sanctioned
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• Traders’ rights and Charter of Fundamental Rights
– Timelines
– Information release
– Destruction procedures for cases other than counterfeiting and
piracy
• Broadens who can act including collecting societies and
professional defence bodies
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Issues
• BMR as a detention procedure versus customs becoming enforcers
• Complexity of investigating infringement
• Creation of new IP rights in particular for transit and parallel trade
• Due process issues
• Free trade and supply of medicines into countries where no rights
exist (usually poor countries)
• Balance with harm caused by infringements
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ACTA
• Anti Counterfeiting Trade Agreement
• ACTA is an international trade agreement that will help
countries work together to tackle more effectively large-scale
Intellectual Property Rights violations. Citizens will benefit
from ACTA because it will help protect Europe's raw material –
innovations and ideas.
• Sets international standards for IPR enforcement and allows for
information exchange and other cooperation
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When you are explaining you are losing
• ACTA does not
– Monitor the Internet
– Change EU law
– Favour industry over fundamental rights
– Prevent online sharing of content
– Poor countries from buying cheap medicines
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Current Status - EU
• Commission asks ECJ to clarify whether ACTA is incompatible - in any way -
with the EU's fundamental rights and freedoms – such as freedom of
expression and information or data protection. The European Commission
is convinced that ACTA is fully in line with the EU's high standards and does
not interfere in citizen's fundamental rights of freedom of expression and
data protection.
• Commission wants to provide the European citizens, the National
Parliaments and the European Parliament with the most detailed and
accurate information possible, and therefore looks forward to receiving an
independent opinion of Europe's highest court. In this way the debate will
again be based upon facts and not upon misinformation or rumours.
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Current Status Worldwide
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Comes into force in ratifying
countries once 6 countries have
ratified
Often hear that an IP right allows the owner to prevent someone using their IPOf course this is correct but the IP right is far richer that that.It’s a bit like saying a property right gives you the right to prevent someone coming onto your land or into your building but obviously property rights are far more that that.IP can be use a very effective tool to control the results of creativity and innovation. Preventing use is one thing but it also allows you to permit use, to move the results around in a safe and profitable way etc.