How the Law protects Investment in Technology - Trade secrets, Patents, Copyright, Database Right, Design Right, Semiconductor Topographies and Plant Varieties
This document summarizes a seminar on intellectual property law relating to technology. It discusses various forms of intellectual property protection for technology, including patents, copyright, designs, semiconductor topographies, and plant varieties. It provides an overview of how each type of IP protects technology, the requirements and sources of law for patents specifically, and the institutions responsible for examining patent applications. Key aspects of patent law such as novelty, inventive step, and utility are also summarized.
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
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
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
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
For many years harmonisation of procedure and substantive law has made for ease of use and administration of triadic patents - between EPO, USPTO and the Japan Patent Office. Today, the IP5 harmonisation activities are nearing their completion between SIPO, KIPO, USPTO, JPO and EPO. Is India ready for such harmonisation activity
An invention is protected under the Law on Patents, Utility Model Certificates and Industrial Designs dated 22 January 2003 (“Cambodia Patent Law”). The procedures for the grant of Patents and Utility Model Certificates are detailed in Cambodia Prakas (Declaration) No. 766 MIME.DIP.PRK dated 28 May 2007.
An invention is defined as “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology”. The Cambodia Patent Law further clarifies that an invention may either be, or relate to, both a product and a process
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
스타트업의 미국진출을 위한 전략 세미나가 2014년 2월 18일 개최된다!
스타트업 전문 특허법률사무소인 BLT와 비즈니스전략 컨설팅그룹인 RoA에서는 미국 현지의 스타트업 엑셀레이터와 변리사를 초청하여 미국 ‘스타트업 미국진출 비즈니스, 특허전략 세미나’를 개최한다.
첫 번째 세션인 ‘스타트업 미국시장 진출 전략’은 실리콘벨리 산호세에 위치한 Altos Business Group Inc의 박한진 대표가 나선다. 이번 세미나에서는 박대표가 직접 보고, 듣고, 느낀 미국 시장의 현실과 문제점, 그리고 한국 기업이 미국 시장 진출 시 유념해야 할 부분 등에 대한 가이드라인을 제시할 계획이다.
두 번째 세션인 ‘미국 스타트업 마케팅 성공전략’은 한성철 ROA 마케팅혁신랩 연구소장이 미국 스타트업 기업들의 마케팅 성공사례에 관하여 발표한다. 본 세션에서는 실리콘밸리 성공 스타트업 기업들의 7가지 공통점과 규칙성을 기반으로 스타트업 마케팅 전략을 제시할 예정이다.
세 번째 세션인 ‘스타트업을 위한 특허의 이해’는 BLT특허법률사무소의 엄정한 변리사가 구글, 애플 등 실리콘밸리 성공기업들의 사례를 기반으로, 국내 스타트업의 성장을 위한 특허전략을 제시한다.
네 번째 세션인 ‘스타트업의 미국 특허전략’은 미국 워싱턴 DC의 Lowe Hauptman & Ham, LLP소속 강상윤 변리사(Stanley Kang)가 차세대 SNS서비스 Snapchat, 웨어러블기기 Fitbit, 최근 구글에 인수된 사물인터넷(IoT) 스타트업 nest의 특허를 중심으로 미국 스타트업들의 특허전략을 발표한다.
마지막 세션인 ‘정부지원사업과 보조금’ 에서는 BLT의 김성진 연구원이 스타트업 기업에 직접적인 도움이 될 보조금, 정책자금, 출연금에 관해 설명한다.
참가신청은 http://onoffmix.com/event/23090 에서 가능하다.
How much do you know about the patent early-warning? More and more enterprises are paying attention to patent early-warning nowadays; please take minutes to have a look and you'll have a better understanding of it.
For many years harmonisation of procedure and substantive law has made for ease of use and administration of triadic patents - between EPO, USPTO and the Japan Patent Office. Today, the IP5 harmonisation activities are nearing their completion between SIPO, KIPO, USPTO, JPO and EPO. Is India ready for such harmonisation activity
An invention is protected under the Law on Patents, Utility Model Certificates and Industrial Designs dated 22 January 2003 (“Cambodia Patent Law”). The procedures for the grant of Patents and Utility Model Certificates are detailed in Cambodia Prakas (Declaration) No. 766 MIME.DIP.PRK dated 28 May 2007.
An invention is defined as “the idea of an inventor which permits in practice the solution to a specific problem in the field of technology”. The Cambodia Patent Law further clarifies that an invention may either be, or relate to, both a product and a process
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
스타트업의 미국진출을 위한 전략 세미나가 2014년 2월 18일 개최된다!
스타트업 전문 특허법률사무소인 BLT와 비즈니스전략 컨설팅그룹인 RoA에서는 미국 현지의 스타트업 엑셀레이터와 변리사를 초청하여 미국 ‘스타트업 미국진출 비즈니스, 특허전략 세미나’를 개최한다.
첫 번째 세션인 ‘스타트업 미국시장 진출 전략’은 실리콘벨리 산호세에 위치한 Altos Business Group Inc의 박한진 대표가 나선다. 이번 세미나에서는 박대표가 직접 보고, 듣고, 느낀 미국 시장의 현실과 문제점, 그리고 한국 기업이 미국 시장 진출 시 유념해야 할 부분 등에 대한 가이드라인을 제시할 계획이다.
두 번째 세션인 ‘미국 스타트업 마케팅 성공전략’은 한성철 ROA 마케팅혁신랩 연구소장이 미국 스타트업 기업들의 마케팅 성공사례에 관하여 발표한다. 본 세션에서는 실리콘밸리 성공 스타트업 기업들의 7가지 공통점과 규칙성을 기반으로 스타트업 마케팅 전략을 제시할 예정이다.
세 번째 세션인 ‘스타트업을 위한 특허의 이해’는 BLT특허법률사무소의 엄정한 변리사가 구글, 애플 등 실리콘밸리 성공기업들의 사례를 기반으로, 국내 스타트업의 성장을 위한 특허전략을 제시한다.
네 번째 세션인 ‘스타트업의 미국 특허전략’은 미국 워싱턴 DC의 Lowe Hauptman & Ham, LLP소속 강상윤 변리사(Stanley Kang)가 차세대 SNS서비스 Snapchat, 웨어러블기기 Fitbit, 최근 구글에 인수된 사물인터넷(IoT) 스타트업 nest의 특허를 중심으로 미국 스타트업들의 특허전략을 발표한다.
마지막 세션인 ‘정부지원사업과 보조금’ 에서는 BLT의 김성진 연구원이 스타트업 기업에 직접적인 도움이 될 보조금, 정책자금, 출연금에 관해 설명한다.
참가신청은 http://onoffmix.com/event/23090 에서 가능하다.
How much do you know about the patent early-warning? More and more enterprises are paying attention to patent early-warning nowadays; please take minutes to have a look and you'll have a better understanding of it.
Bearcat Search: Implementing Federated Searching at the Newman LibraryNewman Library
A presentation by Michael Waldman, Lisa Ellis, Stephen Francoeur, Joseph Hartnett, and Rita Ormsby at the Teaching & Technology Conference, 28 March 2008, Baruch College, New York, NY
What to do when clients take advantage of their agencies (advertising, PR, digital, media, etc.)? Get assertive! These slides are from a Lunch and Learn program given at multiple agencies in 2014.
See how New York city landmarks and buildings went red in February 2008 in a show to help fight heart disease, the No. 1 killer of women and men in this country.
Greenland is a massive island with an area of over 2 million square kilometers (825,000 sq mi), with a small population, just over 57,000 residents, 88% of Inuit descent and 12% of European descent.
Similar to How the Law protects Investment in Technology - Trade secrets, Patents, Copyright, Database Right, Design Right, Semiconductor Topographies and Plant Varieties
The global value of fake goods hit an estimated $653bn in 2014 – with drugs, electronics and software accounting for the most commonly counterfeited products. But SMEs are often ignorant of their intellectual property (IP) rights and only16% of SME owners place a specific monetary value on the IP associated with their brands, logos, websites and product designs. What are the implications of this?
Patent Infringement Unveiled: Understanding the Different Flavors and How to ...Invention ip
Explore the nuances of various patent infringement types and their implications on intellectual property rights. Learn how patent law governs these infringements and gain valuable insights into protecting your innovations. Visit InventionIP.com for comprehensive information on patent-related matters.
Visit: https://inventionip.com/
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2020/
Intellectual Property Strategy Maximising value fr.docxvrickens
Intellectual Property
Strategy
Maximising value from IP
Intellectual Property Strategy
1
Intellectual Property Strategy - Where do I
start?
Regardless of the nature of your business, you will be using and creating intellectual property all the
time. This article helps you to decide where intellectual property should be on your list of priorities. It
also aims to help you develop a plan for your intellectual property by providing information about the
processes, time and costs involved in protecting intellectual property rights.
What is intellectual property?
Intellectual property is a collection of intangible property which can be protected by law. Intellectual
property rights entitle you to stop others from using your intellectual property. These rights can be
assigned from one owner to another, licensed and used as security for borrowing.
Who is entitled to intellectual property rights?
The first owner of the intellectual property rights in a work is usually the creator of the work. There is a
key exception to this general rule in that intellectual property rights in works created in the course of
employment usually belong to the employer.
How can I tell what intellectual property is important to my business?
Are inventions important to your business? See PATENTS
Are trade secrets or other confidential information (e.g. customer lists) important to your
business? See CONFIDENTIAL INFORMATION
Do you hope to draw in business by developing a brand or other distinctive “get-up”? See
TRADE MARKS
Will your company create valuable works such as software, documents, music, broadcast
or website content? See COPYRIGHT AND DATABASE RIGHTS
Is the appearance of your product important, for example, because it is a fashion item or
interior design piece? See DESIGNS
What do I have to do to protect my intellectual property?
Some rights arise automatically on creation of the work: these are copyright, database right, design
right, rights in passing off (see trade marks) and some rights in confidential information. Other rights
can only be obtained by application to the Intellectual Property Office (in the UK). Patents, registered
trade marks and registered designs fall into this category. Intellectual property rights are national
rights; you must ensure that your registrations cover all the countries where you want protection.
Intellectual Property Strategy
2
Intellectual Property - Patents
A patent is available to protect certain inventions. Some countries (excluding the UK) have a
secondary protection system of “utility models” for minor inventions (primarily mechanical
innovations). Whilst a patent application must disclose the invention fully, there is often secret know-
how associated with the invention, for example, how to optimise production of a patented product.
This know-how can be protected as confidential information.
What type of bus ...
Business law : Intellectual property right: Patents, trademarks, geographical...Renzil D'cruz
Business law presentation on Patents, trademarks, geographical indications As a part of Intellectual property right With relevant provision of WTO also this Presentation covers case study on Apple vs Samsung case, Viagra Patent issue,Basamati rice, Darjeeling tea etc.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2021/
This presentation includes introduction of Intellectual Property Rights, concpet of patents ,registration procedure and infringement of patent.
Similar to How the Law protects Investment in Technology - Trade secrets, Patents, Copyright, Database Right, Design Right, Semiconductor Topographies and Plant Varieties (20)
A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
In Nov 2015 a British private limited company registered the words YORUBA and Yoruba as UK trade marks for a wide range of goods and services. Nobody seems to have objected to the registration at the time. On 23 May 2021, another UK incorporated company called The Culture Tree protested vociferously. Many others around the world joined in. It appears that the registered proprietor has agreed to assign the registrations to The Culture Tree which has removed one objection. But should it have been possible to register the name of a nation of 70 million at all? What should be done to prevent issues of this kind in future?
Here are the slides of a presentation that I gave to the Barnsley Business Village on 19 Feb 2021. Unlike my earlier presentations, this was designed for business owners. I discussed what was meant by IP, why monopolies such as patents and exclusive rights such as copyrights were difficult to reconcile with the concept of a single market, the need for the approximation of laws and unitary IP rights and the arrangements made in the withdrawal agreement to continue to protect in the UK intellectual assets that were protected by EU intellectual property rights.
What every Business in Wales needs to know about Intellectual PropertyJane Lambert
On 9 Feb 2021, I gave a talk to the Menai Science Park Enterprise Hub entitled "What Every Business in Wales needs to know about Intellectual Property." I prepared these slides for the talk although I did not all of them. Instead, I asked them for their interests which seemed to be registering trade marks and registering designs.
What every business in Bradford needs to know about Intellectual PropertyJane Lambert
Yesterday, I was asked by Steve Ding of Webanbywhere to give the first presentation of the BradfordNetwork. I was delighted to accept that invitation because Steve ran a network for the creative sector in Bradford and Barnsley called Bmedi@ about 10 years ago. The network held talks with leading artists, designers, entrepreneurs, inventors and innovators from West Yorkshire and beyond and regular breakfast meetings at the Business and Innovation Centres in Barnsley. Those events were very well attended. Sadly Bmedi@ disbanded several years ago, It has been sorely missed ever since. At present the only events that can take place are online but the BradfordNetwork hopes to hold some live meetings in the Bmedi@ format with the same sort of speakers once the public health emergency is over.
On 26 Jan 2020, I have a talk over Zoom on "IP after Brexit". My slides are already on Slideshare. These are supplemented by this handout which covers:
- Art 50 of the Treaty of European Union
- The European Union (Withdrawal) Act 2019
- The statutory instruments made in anticipation of our exiting with a withdrawal agreement
- The withdrawal agreement
- The European Union (Withdrawal Agreement) Act 2020
- The Trade and Cooperation Agreement
- The European Union (Future Relationship) Act 2020.
These notes track every legislative change to the requirement in the withdrawal agreement. I also discuss changes to the law not effected by the withdrawal agreement and consider future development of our IP law.
At 23:00 on 31 Dec 2020 EU law ceased to apply to the UK including the Regulations establishing the EU Trade Mark, the Community Design and many other rights. A priority in the negotiations for the UK's withdrawal from the EU was the continued protection of the brands, designs and other intellectual assets that been protected by such rights. The withdrawal agreement entered in Jan 2020 provided for EU trade marks, Community designs, Community plant vaieties, database rights and supplementary protection certificates. This presentation considers the relevant provisions of the withdrawal agreementn and the statutes and secondary legislation which implemnted it. Such legislation is now bearing a great part of the UK's IP infrastructure.
These are the slides for my presentation to the Menai Science Park Enterprise Hub on 30 June 2020.
This presentation explains what is meant by intellectual property and why it is important to business.
It considers different types of IP:
- patents
- trade marks
- registered designs
- copyrights and related rights,
I talked about related rights and how they can be obtained and rights that arise automatically,
I discussed enforcement and sources of further information including the Business and IP Centres at the British Library and Liverpool.
Finally, I mentioned the network of IP experts to assist M-SParc tenants and others in North Wales.
The handout for the first module of my an introduction to English patent law. A patent is defined as "a monopoly of an invention". That proposition is unpacked to consider what is meant by "monopoly" and what is meant by "invention". These notes discuss the inventor's bargain with the public and its reflection in the specification, They explore what is meant by the teaching of the patent in the description and the monopoly in the claims,
This is the handout for the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
Patents101 Part 4 - Applying for a PatentJane Lambert
The fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
The handout for the third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrpssan tests.
The third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrossan tests.
The handout for the second module of my introduction to English patent law. This covers the sources of law, both legislation and the case law. The module focuses on the Patents Act 1977 and the European Patent Convention. It also introduces readers to the main sets of law reports for patent law, the Reports of Patent Cases ("RPC") and the Fleet Street Reports ("FSR").
The second module in my introduction to English patent law. Readers are introduced to the legislation and case law. A closer look at the Patents Act 1977, the Patents Rules 2007, the European Patent Convention, the Patents Court and the Intellectual Property Enterprise Court Guides. Readers are also introduced to the Reports of Patent Cases and the Fleet Street Reports.
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
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.
Searching IP Databases and using what you findJane Lambert
How to search a patent, trade mark or registered designs database, reasons for carrying out such searches, what you may find there and how to use the information.
[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
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
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How the Law protects Investment in Technology - Trade secrets, Patents, Copyright, Database Right, Design Right, Semiconductor Topographies and Plant Varieties
2. Chapter I: Introduction and Overview
1.
Introduction
This is the last of the introductory seminars on intellectual property law. The others are
The Introduction to Intellectual Property1
Introduction to the Law relating to Branding: Passing off, Trade Marks, Geographical
Indications and Domain Names2 and
Introduction to the Law relating to Creative Output: Copyright, Related Rights and
Designs.3
In the introduction to intellectual property I described intellectual property (“IP”) as the legal
protection of intellectual assets (“IA”) and an intellectual asset as an attribute that gives one
business a competitive advantage over all others.
The IA in this seminar is technology which in the 19th and early 20th century meant new
products and processes. In a post-industrial economy such as the United Kingdom’s
technology also includes new services particularly those delivered electronically.
2.
How the Law protects Technology
In the 19th and early 20th century investment in the research, development, manufacture and
distribution of a new product or process could be protected in two ways:
By keeping quiet about it and relying on the law of confidence to prevent
unauthorized use or disclosure; or
By disclosing it to the world in return for a monopoly of its manufacture, importation
or use known as a patent for up to 20 years.
The only way of protecting such investment in developing new services was by the law of
confidence.
The invention of the computer generated new technologies that could not easily be classed
as products or processes. Generally computer programs are protected by copyright though
patents have occasionally been granted for computer implemented inventions.
In some countries products that are the result of modest technical advances are protected as
“utility models”.4 Utility models are similar to patents but are granted for shorter terms and
upon less rigorous examination. In the UK we protect original features of shape and
configuration of articles or parts of articles as unregistered designs under Part III of the
Copyright, Designs and Patents Act 1988.5 A variation of design right protects the design of
1
http://4-5ip.blogspot.co.uk/2013/07/introduction-to-intellectual-property.html
http://4-5ip.blogspot.co.uk/2013/10/introduction-to-law-relating-to.html
3
http://4-5ip.blogspot.co.uk/2013/11/introduction-to-law-relating-to.html
4
In Australia utility models are called “innovation patents” and in Ireland they are called “short term patents.”
5
http://www.legislation.gov.uk/ukpga/1988/48/part/III
2
1
3. semiconductor topographies under The Design Right (Semiconductor Topographies)
Regulations 1989.6
The need to feed a rapidly increasing population has attracted investment into developing
new crops and other vegetable products. In the USA patents are granted for new plant
varieties. In the EU plant varieties are protected by a sui generis right known as a plant
breeder’s right.
3.
Summary
This seminar will therefore consider the following intellectual property rights:
(1)
the law of confidence
(2)
patents
(3)
copyrights and database rights
(4)
unregistered design rights
(5)
semiconductor topographies, and
(6)
plant varieties.
6
http://www.legislation.gov.uk/uksi/1989/1100/contents/made SI 1989 No 1100
2
4. Chapter II: The Law of Confidence
1.
Law of Confidence
This is a common law or judge made doctrine that has evolved through a long series of
decided cases. The basic principles are set out in Megarry J’s judgment in Coco v A N Clark
(Engineers) Ltd. [1969] RPC 41. Three elements are normally required if, apart from
contract, a case of breach of confidence is to succeed. First, the information itself must have
the necessary quality of confidence about it. Secondly, that information must have been
imparted in circumstances importing an obligation of confidence. Megarry J said:
“if the circumstances are such that any reasonable man standing in the shoes of
the recipient of the information would have realised that upon reasonable
grounds the information was being given to him in confidence, then this should
suffice to impose on him the equitable obligation of confidence.”
Thirdly, there must be an unauthorised use of that information to the detriment of the party
communicating it.
2.
The information itself must have the necessary quality of confidence about it
Information will be protected by the law of confidence if its unauthorized use or disclosure
would harm the confider or benefit the confidante.
It may be technical information as in Amber Size and Chemical Co Ltd v Menzel [1913] 2 Ch
239 or it may be commercial or even private. Information will not be protected if it is already
in the public domain or if it is known to the confidante otherwise than through a breach of
confidence.
3.
The information must have been imparted in circumstances importing an
obligation of confidence
That is usually but not necessarily evidenced by a confidentiality or non-disclosure
agreement. In Coco, Megarry J said:
“where information of commercial or industrial value is given on a business-like
basis and with some avowed common object in mind, such as a joint venture. I
would regard the recipient as carrying a heavy burden if he seeks to repel a
contention that he was bound by an obligation of confidence.”
Nevertheless, a confidentiality agreement is recommended for transactions between joint inventors,
an inventor and his contractor, product development consultant and component supplier, an
inventor and a potential investor or licensee but perhaps not for a consultation with a regulated
professional such as a patent attorney, solicitor or counsel.
4.
Use of Confidentiality
Until a patent is applied for the only way of protecting a new invention is by keeping it secret
and relying on the law of confidence. For technologies that cannot easily be patented such
as the source code of a computer program the law of confidence is the only option. If a
product or process cannot easily be reverse engineered confidentiality may be the best
option because there are no filing or renewal costs and knowledge of the product or process
3
5. can be kept secret indefinitely. If however a product can be reverse engineered protection is
lost from the moment the article is placed in the stream of commerce.
5.
Further Information
Jane Lambert All you need to know about confidentiality 14 June 20067
Jane Lambert Confidentiality Agreement 21 Sep 20108
Jane Lambert “Enforcing a Confidentiality Agreement in the Small Claims Track” 9 March
2013 IP Yorkshire9
7
http://www.slideshare.net/nipclaw/all-you-need-to-know-about-confidentiality
http://www.jdsupra.com/legalnews/confidentiality-agreement-72148/
9
http://ipyorkshire.blogspot.co.uk/2013/03/enforcing-confidentialty-agreement.html
8
4
6. Chapter III: Patents
1.
Patents
A patent is a monopoly of a new invention.
If the invention is a new product it confers the exclusive right of making, using, offering for
sale, selling, or importing the product for those purposes.10
If it is a new process it confers the exclusive right of using the process, and using, offering
for sale, selling, or importing any product obtained directly by that process.11
2.
Conditions
The patent is granted as a reward for making the invention available to the public.
It is granted only for inventions that are:
(1)
new
(2)
inventive
(3)
useful, and
(4)
not excluded by statute.
A patent may be revoked if the court or patent office finds that the patent should never have
been granted.
3.
Sources of Law
Treaties
TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights)12
Paris Convention for the Protection of Industrial Property13
European Patent Convention (“EPC”)14
Patent Co-operation Treaty15
Statutes
Patents Act 1977.16
10
Art 28 (1) (a) TRIPs http://www.wto.org/english/tratop_e/trips_e/t_agm3c_e.htm#5
Art 29 (1) (b) ibid
http://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm
13
http://www.wipo.int/treaties/en/text.jsp?file_id=288514
14
http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/index.html
15
http://www.wipo.int/pct/en/texts/articles/atoc.htm
16
http://www.ipo.gov.uk/patentsact1977.pdf
11
12
5
7. Statutory Instruments
The Patents Rules 200717
4.
Institutions
The Intellectual Property Office (“IPO”)18 is the operating name of the Patent Office which is
an executive agency of the Department for Business Innovation and Skills (“BIS”). The IPO
examines and grants application for patents for the United Kingdom alone.
The European Patent Office (“EPO”) is one of the organs of the European Patent
Organization which was established by art 419 of the EPC. Its task is to grant patents on
behalf of governments of the member states of the EPC. A patent granted by the EPO is
known as a European patent and art 2 (2) of the Convention provides that a
“European patent shall, in each of the Contracting States for which it is granted,
have the effect of and be subject to the same conditions as a national patent
granted by that State, unless this Convention provides otherwise.”
It is Important to note that the EPC is not an EU institution although all EU members
states are party to the Convention and that European patents are granted for individual
member states and not the EU as a whole. A European patent designating the UK is
known as a European patent (UK)20. An applicant for a European patent can designate
any one or more or indeed all of the contracting parties for the grant of a European
patent.
The World Intellectual Property Organization (“WIPO”)21 is the UN specialist agency
for intellectual property. It acts as the clearing house for multiple patent applications
through the Patent Co-operation Treaty.
6.
Applications
An application for a patent for the UK may be made in three ways:
To the IPO for a patent for the UK alone which is granted under the Patents Act 1977;
To the EPO for a European patent (UK); or
Through the PCT.
Although professional representation is not compulsory it is strongly recommended.
Professionals who represent applicants in the IPO are known as patent agents or attorneys.
Their professional body is the Chartered Institute of Patent Attorneys (“CIPA”)22 and they
are regulated by the IP Regulation Board (“IPReg”).23
17
http://www.ipo.gov.uk/patentrules2007.pdf
http://www.ipo.gov.uk/
http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar4.html
20
S.130 (1) Patents Act 1977
21
http://www.wipo.int/
22
http://www.cipa.org.uk/
23
http://ipreg.org.uk/
18
19
6
8. 7.
The Inventor’s Bargain
S.14 (2) (b) of the Patents Act 1977 requires an application for a British patent to contain a
specification. A specification must contain “a description of the invention, a claim or claims
and any drawing referred to in the description or any claim.” S.14 (3) further provides:
“The specification of an application shall disclose the invention in a manner
which is clear enough and complete enough for the invention to be performed by
a person skilled in the art.”
Drafting the specification requires considerable care and skill. It must be sufficiently broad to
protect the investment in research and development but it must not be too broad otherwise it
may be revoked.
8.
The Claim
S. 14 (5) provides:
“The claim or claims shall (a) define the matter for which the applicant seeks protection;
(b) be clear and concise;
(c) be supported by the description; and
(d) relate to one invention or to a group of inventions which are so linked as to
form a single inventive concept.”
S.125 (1) of the Act adds:
“For the purposes of this Act an invention for a patent for which an application
has been made or for which a patent has been granted shall, unless the context
otherwise requires, be taken to be that specified in a claim of the specification of
the application or patent, as the case may be, as interpreted by the description
and any drawings contained in that specification, and the extent of the protection
conferred by a patent or application for a patent shall be determined
accordingly.”
S.125 (3) further provides:
“The Protocol on the Interpretation of Article 69 of the European Patent
Convention (which Article contains a provision corresponding to subsection (1)
above) shall, as for the time being in force, apply for the purposes of subsection
(1) above as it applies for the purposes of that Article.”
This Protocol consists of the following articles:
“Article 1
General principles
Article 69 should not be interpreted as meaning that the extent of the protection
conferred by a European patent is to be understood as that defined by the strict,
literal meaning of the wording used in the claims, the description and drawings
being employed only for the purpose of resolving an ambiguity found in the
claims. Nor should it be taken to mean that the claims serve only as a guideline
and that the actual protection conferred may extend to what, from a
consideration of the description and drawings by a person skilled in the art, the
7
9. patent proprietor has contemplated. On the contrary, it is to be interpreted as
defining a position between these extremes which combines a fair protection for
the patent proprietor with a reasonable degree of legal certainty for third parties.
Article 2
Equivalents
For the purpose of determining the extent of protection conferred by a European
patent, due account shall be taken of any element which is equivalent to an
element specified in the claims.”
In Kirin-Amgen Inc. and Others v Hoechst Marion Roussel Ltd and Others24Lord Hoffmann
said that the Protocol was a protocol on the interpretation of art 69 of the EPC, and not on
the interpretation of claims.
9.
Examination
The application is then examined for compliance with the conditions mentioned in paragraph
2. If the examiner finds that the application appears not to comply with one of those
conditions he or she will raise the objection with the applicant who will be given an
opportunity to deal with it.
If the examiner is persuaded the application proceeds to publication on the IPO’s website
and in its journal to allow the public to see the application and make representations. If there
are no further objections the application proceeds to grant.
If the examiner is unpersuaded the applicant can ask for a hearing before an independent
tribunal known as “a hearing officer”. If the hearing officer allows the application it will
proceed to grant. If he or she does not, the applicant can appeal to the court.
If the examiner’s objection is not challenged or upheld the application is refused.
10.
Novelty
S.2 (1) provides that an invention shall be taken to be new if it does not form part of the state
of the art. S.2 (2) defines the “state of the art” as “all matter (whether a product, a process,
information about either, or anything else) which has at any time before the priority date of
that invention been made available to the public (whether in the United Kingdom or
elsewhere) by written or oral description, by use or in any other way.” S.2 (3) also includes
matter that was disclosed in an application made after the priority date if the subsequent
application contains matter that was filed and published in an earlier application.
The words “made available to the public” can cover a publication in a language other than in
English in a remote public library or use in some remote corner of the world.
When the Patents Act 1977 was enacted most of the world’s new technical literature was in
English or some other European language. Nowadays it is at least as likely to be published
in Japanese, Korean or Mandarin which makes searching much more difficult.
24
: [2005] RPC 9, [2004] UKHL 46, [2005] 1 All ER 667, (2005) 28(7) IPD 28049, [2005] RPC 169
http://www.bailii.org/uk/cases/UKHL/2004/46.html
8
10. Note also second medical uses of known substances or compositions in s.3 (3) and (4).
11.
Inventive Step
S.1 (1) (b) requires an invention to involve an inventive step.
S.3 provides:
“An invention shall be taken to involve an inventive step if it is not obvious to a
person skilled in the art, having regard to any matter which forms part of the
state of the art by virtue only of section 2(2) above (and disregarding section 2(3)
above).”
A “person skilled in the art” can refer to a team. Such a person is also known as “the skilled
addressee”.
12.
Utility
S.1 (1) (c) requires an invention to be “capable of industrial application”.
S.4 (1) provides that an invention shall be taken to be capable of industrial application if it
can be made or used in any kind of industry, including agriculture.
13.
Excluded Categories
S.1 (2) of the Act provides:
“It is hereby declared that the following (among other things) are not inventions
for the purposes of this Act, that is to say, anything which consists of (a) a discovery, scientific theory or mathematical method;
(b) a literary, dramatic, musical or artistic work or any other aesthetic creation
whatsoever;
(c) a scheme, rule or method for performing a mental act, playing a game or
doing business, or a program for a computer;
(d) the presentation of information;
but the foregoing provision shall prevent anything from being treated as an
invention or the purposes of this Act only to the extent that a patent or application
for a patent relates to that thing as such.”
The words “as such” mean that it is possible for some software implemented inventions to be
patented but not if the invention is nothing more than a computer program.
Also excluded are inventions the commercial exploitation of which would be contrary to
public policy or morality under s.1 (3) and methods of treatment or diagnosis under s.4A (1).
14.
Infringement
A patent is infringed by:
9
11. (1)
(2)
(3)
15.
making, disposing of, offering to dispose of, using or importing or keeping whether for
disposal or otherwise a product that falls within at least one of the claims (s.60 (1) (a));
using or offering to use a process that falls within one or more of the claims in the
knowledge that such use without the proprietor’s consent would infringe the patent
(s.60 (1) (b)); or
disposing of, offering to dispose of, using or importing any product obtained directly by
means of such a process or keeping any such product whether for disposal or
otherwise (s.60 (1) (c)).
Proceedings
Claims relating to patents must be brought either in the Patents Court or the Intellectual
Property Enterprise Court (CPR 63.2).25
The Patents and Intellectual Property Enterprise Courts are specialists lists within the
Chancery Division consisting of judges who have either practised in the Patents Court such
as Arnold or Birss J or Judge Hacon QC or other judges such as Roth J. Vos J, Morgan J or
Norris J who are regarded as particularly able (see the Patents Court Guide).26
The judges who sit in the Patents Court are known as “the assigned judges”. Those who sit
in the IPEC are known as “enterprise judges.”
25
26
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part63#63.3
http://www.justice.gov.uk/downloads/courts/patents-court/patent-court-guide.pdf
10
12. Chapter IV: Software Implemented Inventions
1.
The Problem
Because of the exclusion of computer programs, methods information and communications
technology industry has to rely on copyright, database right and the law of confidence to
protect their investment in software development.
2.
Copyright
S.3 (1) of the Copyright, Designs and Patents Act 1988 includes computer programs,
preparatory design materials for computer programs and databases within the definition of
“literary work”. Copyright in a literary work is infringed by copying the whole or a substantial
part of a work and the term lasts for the life of the author plus 70 years.
3.
Database Right
The right to prevent the extraction and re-utilization of the contents of a database which is
protected by the Copyright and Rights in Databases Regulations 1997, SI 1997/3032.
4.
Confidence
The source code of a computer program can be protected by the law of confidence as a
trade secret so long as it is kept out of the public domain.
11
13. Chapter V: Designs and Semiconductor
Topographies
1.
Design Right
In the absence of a utilities model law Part III of the Copyright, Designs and Patents Act
1988 protects the design of any aspect of the shape or configuration (whether internal or
external) of the whole or part of an article. A design does not have to be novel to qualify for
design right protection – merely original. Design right subsists for 10 years though in the
last 5 years anyone in the world can apply for a licence to use the design as of right. This is
a cheap and convenient way of protecting for a short while investment in some functional
designs and circuits though its value is limited by the fact that very few countries provide
reciprocal protection. Consequently there is no design right protection for designs created
outside the EU.
2.
Semiconductor Topographies
The Design Right (Semiconductor Topographies) Regulations 198927 extend design right
protection to the design of silicon chips. There is a 25 year term and protection is conferred
on nationals of states that provide reciprocal protection to British designers.
3.
Infringement Proceedings
Claims for infringement of design right in the design of a semiconductor topography have to
be brought in the Patents Court or IPEC (CPR 63.2).
All other design right claims can be brought in the Chancery Division or the Birmingham,
Bristol, Caernarfon, Cardiff, Leeds, Liverpool, Manchester, Mold, Newcastle or Preston
County Courts.
27
http://www.legislation.gov.uk/uksi/1989/1100/contents/made
12
14. Chapter VI: Plant Varieties
1.
Plant Breeders’ Rights
New varieties of seeds and plants may be registered with the Plant Variety Rights Office
which is part of the Department for Environment Food and Rural Affairs under the Plant
Varieties Act 1997.28 Registration confers a 25 year monopoly of the seed variety under s.11
(1) (b) of that Act or 30 years in the case of potatoes pursuant to s.11 (1) (a).
2.
Community Plant Variety Office
Alternatively plant breeders can register their varieties at the Community Plant Variety Office
under the Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety
rights.29
3.
UPOV Convention
The International Convention for the Protection of New Varieties of Plants (better known as
“the UPOV Convention”) provides reciprocal protection for parties to the Convention which
includes the UK.
4.
Enforcement
Proceedings relating to plant breeders’ rights are brought in the Patents Court or IPEC (CPR
63.2).
28
29
http://www.legislation.gov.uk/ukpga/1997/66/part/II
http://www.cpvo.europa.eu/documents/lex/394R2100/EN394R2100.pdf
13