Legal basics for startuppers (v. 2016 ita)

Legal basics 
Frieda Brioschi / Emma Tracanella
frieda.brioschi@gmail.com / emma.tracanella@gmail.com
IED, 22 Nov 2016
Lesson 6/2016

6. Legal basics
Course program
1. Start-ups
2. Business Model & Canvas
3. Value Proposition Design
4. Customers & Market
5. Activities & Costs
6. Legal basics
2

6. Legal basics
These questions were about
intellectual property
9

6. Legal basics
IP
Intellectual property (IP) is a legal concept which refers
to creations of the mind for which exclusive rights are
recognized.
Common types of intellectual property rights include
copyright, trademarks and patents.
In italian a preferred term is "industrial property".
10

6. Legal basics
Author’s rights
In Italy, law 22 aprile 1941 n. 633 “Protezione del diritto
d'autore e di altri diritti connessi al suo esercizio”.
Two distinct components:
1. economic rights in the work
2. the moral rights of the author
11
http://en.wikipedia.org/wiki/Copyright_law_of_Italy

6. Legal basics
Moral rights
1. Right of attribution
2. the right to have a work published anonymously or
pseudonymously
3. right to the integrity of the work (bars the work from
alteration, distortion, or mutilation)
Anything else that may detract from the artist's relationship
with the work even after it leaves the artist's possession or
ownership may bring these moral rights into play.
Moral rights are inalienable.
12
http://en.wikipedia.org/wiki/Moral_rights

6. Legal basics
Economic rights
The economic rights are a property right which is limited
in time (70 years after the author’s death in Italy) and
which may be transferred by the author to other people.
They are intended to allow the author or their holder to
proﬁt ﬁnancially from his/her creation, and include the
right to authorize the reproduction of the work in any
form.
The authors of dramatic works (plays, etc.) also have the
right to authorize the public performance of their works.
13

6. Legal basics
Copyleft
It allows for rights to distribute copies and modified
versions of a work, and requires that the same rights are
preserved in modified versions of the work.
Copyleft is a general method for making a work free
(libre), and requiring all modified and extended versions
of the work to be free as well.
This free does not necessarily mean free of cost, but free
as in freely available to be used, distributed or modified.
14
http://en.wikipedia.org/wiki/Copyleft

6. Legal basics
Copyleft Vs Copyright
Copyright law is usually used to prohibit others from
reproducing, adapting, or distributing copies of the
author's work.
Under copyleft an author may give every person who
receives a copy of a work permission to reproduce, adapt
or distribute it and require that any resulting copies or
adaptations are also bound by the same licensing
agreement.
Creative Commons are the most known copyleft licenses.
15
http://en.wikipedia.org/wiki/Copyleft

6. Legal basics
Creative Commons
Creative Commons is an US foundation, created in 2001,
which aims to develop, support and steward legal and
technical infrastructure that maximizes digital creativity,
sharing and innovation.
16
http://creativecommons.org

6. Legal basics
Licenses
17
https://creativecommons.org/licenses/

6. Legal basics
Rights
18 https://creativecommons.org/choose/

6. Legal basics
Trademarks
A trademark is a recognizable sign, design or expression
which identiﬁes products or services of a particular
source from those of others.
The trademark owner can be an individual, business
organization, or any legal entity.
19
http://en.wikipedia.org/wiki/Trademark

6. Legal basics
Trademarks
The law considers a trademark to be a form of property.
Proprietary rights in relation to a trademark may be
established through actual use in the marketplace, or
through registration of the mark with the trademarks
ofﬁce.
21
http://en.wikipedia.org/wiki/Trademark

6. Legal basics
Registered trademarks
A registered trademark confers a bundle of exclusive
rights upon the registered owner, including the right to
exclusive use of the mark in relation to the products or
services for which it is registered.
In Italy the national registration process should be sent to
Uﬃcio Italiano Brevetti e Marchi (UIBM). Registration
lasts 10 years and is renewable.
An european registration can be done at Ufﬁcio per
l'armonizzazione nel mercato interno (UAMI), and an
international registration can be done at WIPO.
22

6. Legal basics
Registrations can in particular cases be approved for
preexisting designs.
Similar trademarks may coexist in different ﬁelds of
business.
Registrations can be challenged if deemed unfair, and
eventually dropped.
23

6. Legal basics
24
http://gizmodo.com/5141575/apples-bloodiest-patent-and-copyright-clashes

6. Legal basics
Patent
A patent consists of a set of exclusive rights granted by a
sovereign state to an inventor or their assignee for a
limited period of time, in exchange for the public
disclosure of the invention.
An invention is a solution to a speciﬁc technological
problem, and may be a product or a process.
The exclusive right granted to a patentee in most
countries is the right to prevent others from making,
using, selling, or distributing the patented invention
without permission.
25
http://en.wikipedia.org/wiki/Patent

6. Legal basics
Types of patents in Italy
Invention patent: it’s the stronger and higher form of protection,
used for technological innovation in products, processes or
solutions (including new vegetables varieties). 20 years, non
renovable!
Utility model: A weaker patent, easier to obtain but harder to
defend. Limited to products and physical objects. It’s used for
inventions that improve on existing products. It protects the form,
too, provided that thare is a provable enanchement in functions. 10
years, non renovable!
Tip: Italian law - art. 84 CPI - allows to request both patents for the
same invention, leaving the choice of the most fitting to the patent
office.
26
http://ufficiobrevetti.it/en/patents/

6. Legal basics
Types of patents in Italy
Model or design registration (not properly a patent): it’s
the weaker and most limited patent, providing basic
protection to form, colors and design of a speciﬁc model
of product.
It’s extremely easy to apply, up to 100 variants of the
same design can be deposited with a single instance.
This is mostly used in fashion, design and styling
business, allows for quick prosecution of fakes.
25 years, taxes could be payed in installments.
27

6. Legal basics28
Apple Vs Samsung

6. Legal basics
Filing a patent
A prototype is not needed, a thorough description with detailed drawings is enough.
Requirements:
• Novelty (never patented before, anywhere).
• Originality (non obvious, different from current state of art).
• Industrial Applicability (no arts & crafts, must be reproduced industrially).
• Legality (must not offend morality, break law and impair order)!
To maintain validity, a patent MUST BE REALIZES WITHIN 3 YEARS FROM
REGISTRATION (or 4 years from application). Since 1 jan 2006 ﬁling a patent is FREE
from fees. Some costs could arise in order to provide the required documentations, a
free cost assessment could be requested on Ufﬁcio Brevetti’s website.
29

6. Legal basics30 http://www.whoishostingthis.com/blog/2016/07/18/cant-be-copyrighted/

Legal basics for startuppers (v. 2016 ita)

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