intellectual property chris smith business outreach & education
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Intellectual Property
Chris Smith
Business Outreach & Education
Help and Advice on IP
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http://www.ipo.gov.uk/ip4b
IP Baseline Survey
96% of UK businesses do not know the value of their Intellectual Property Rights
Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent.
74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor
Only 4% of UK businesses have an Intellectual Property policy
What is intellectual property?
What is a Registered Trade Mark?
Any sign which is capable of being represented graphically
Any sign which is capable of distinguishing the goods or services
of one undertaking from another
“A Badge of Origin”
Smell
Colour theme Shape theme
Domain name Slogan
Name Logo
What can beregistrable as Trade Marks?
Non-traditional Music
Domain names
Trade Mark registration is not company name or domain name registration
A domain name may beregistered as a Trade Mark
Incorporating another’s RTM into your domain name or meta-tag may be an infringement
Unexpected marks
• Office of Government Commerce
• £14000 to create new logo
“not inappropriate for an organisation that’s looking to have a firm grip on government spend”
OGC Spokesperson
UK Applications
Fees:
Application fees: £170 – Includes one ClassAdditional Classes £50 each (up to 45 Classes)
Timeline:
Examination within 2 months of filingRegistration (unopposed) in 5 months
Trade Mark Registration Overseas
Paris Convention - six months priority
OHIM – Community Trade Mark
e-filing fee €900
WIPO - Madrid Protocol
Why infringement searches?
Avoid expensive mistakes
Awareness of competing marks
Early resolution of potential problems
Copyright Conventions
Universal Copyright ConventionAdopted in 1952
An alternative for Countries that believed that Berne overly benefited Western developed copyright
exporting nations
Berne Convention - Accepted in 1886Works protected by national law irrespective of where
the work was created 163 Countries are parties to the Convention
1.Literary Works – All works expressed in print or writing
2.Dramatic Works – A work capable of being performed
3.Musical Works – includes melody, harmony and rhythm
4.Artistic Works – A work of artistic craftsmanship (not quality)
Copyright
5.Films – Moving images produced by any means
6.Sound Recordings – From which sounds can be reproduced
8.Published Editions – typographical arrangements
7.Broadcasts – transmission of visual images, sounds or other
Who owns Copyright?
Usually the first creator or author...
…or their employer if produced in theordinary course of their employment
However, a contractor will retain ownershipunless their contract is explicit to the contrary
Even if the creator sells their rights, they have‘moral rights’ over how their work is used
How long does Copyright last?Literary, musical, artistic & dramatic works:
author’s lifetime plus 70 years
Sound recordings: 70 years from first recording
TV & radio broadcasts &cable programmes: 50 years from first broadcast
Publishers’ right (typographical layout etc.):25 years
Films: 70 years after the death of the last of:director, composer of the score, the author of
the screenplay and the scriptwriter
Top Dead Earners 2013
2. Elvis Presley - $55m3. Charles Shultz - $37m4. Elizabeth Taylor - $25m5. Bob Marley - $18m6. Marilyn Monroe - $15m7. John Lennon - $12m8. Albert Einstein - $10m9. Bettie Page - $10m10. Theodor Geisel - $9m
Source Forbes.com
1. Michael Jackson - $160m
Registered Designs
Protects shape or configuration (3-D)and/or pattern or ornamentation (2-D)
No protection for function, materialsor technology of manufacture
No protection when form is dictatedby function (ie: no design freedom)
Multiple Applications
£60 for first design (£40 application + £20 publication)
£40 for subsequent designs (£20 application + £20 publication
Renewal fees every 5 yearsMaximum term 25 years
Registration Overseas
Paris Convention – 6 Months
OHIM - Community Design
Hague Agreement (1/1/2008)
Criteria for ‘patentability’
Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention”
Inventions must be new - not known anywhere in the world prior to the filing date
Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination
Inventions must be industrially applicable and have a ‘technical effect’
Patent fees
Application fee – £30 or £20 (Electronic filing)
Search Fee - £150 or £130 (Electronic filing)
Examination fee - £100 or £80 (Electronic filing)
Renewals 5th Year - £70
10th Year - £17020th Year - £600
Obtaining Patent Protection Abroad
Separate national filings
Patent Co-operation Treaty(PCT)
European Patent Convention(EPC)
www.ipo.gov.uk - 0300 300 [email protected]
