ip protection- what, how & where by ese oraka partner, adelphi consulting being a presentation...
TRANSCRIPT
IP Protection- What, How & Where
ByEse Oraka
Partner, Adelphi Consulting
Being a Presentation made at the Anadach Workshop on the Dynamic
Role of Intellectual Property in promoting Economic Development
The Objective
Help participants understand Intellectual Property with • What to Protect’• How to protect it and • Where to Protect it’.
https://www.google.com.ng/?gfe_rd=cr&ei=oSCTVd2UMMrH8ge7oIDgAg#q=intellectual+meaning
https://www.google.com.ng/?gfe_rd=cr&ei=qCCTVZffLcrH8ge7oIDgAg#q=property+meaning
The Etymology of Property
Property
Personal Property
Personal Chattel Intangible
Intellectual Property
Personal Property
Economic PropertyReal Chattel Tangible
Real Property
Note:
“Turning an idea into an IP platform depends on three conditions: Having a good idea, having full ownership of the idea and having an idea that is legally protectable.”
Efrat Kasznik
• http://www.bizjournals.com/bizjournals/bio/25861/Efrat+Kasznik
Intellectual Property refers to intangible property owned by a person in the product of his or her intellectual effort
Creative/Academic Work:
CopyrightsDatabase Rights
Trade/Business/Economic Interests:
Trademark, Industrial Design,
Trade Secrets, Goodwill
Invention:Patents, Plant
Breeders Rights
IP Value Extraction in Action
Intellectual Capital
Value Extraction
IPCreation
Exclusivity/Monopoly
Marketing/Chilling Effect
Industry Standard/ATT
Asset/Financing
Prestige/Brand
Bargaining Power
IP Asset and Protection
• Invention• Logo, Mark• Physical expression of
ideas• Marketplace and Existing Technology Knowledge
• Patents• Trademarks• Copyrights
• Trade Secrets• Contracts• Publication
Type of Asset Mode of Protection
Analyzing Protection Mechanisms
Type Cost Protection Enforceable Content
Patent high strong yes idea
Copyright © low low yes expression of idea
Tradesecret low -strong ~no/ ~yes any
Trademark ® moderate moderate yes name, logo
Design moderate moderate yes drawing
WhereIP Type Where Relevant Laws
Copyrights
Nigerian Copyrights Commission
Self Copyrighting
Copyright Act (Chapter C.28, as codified 2004) (2004)Copyright (Amendment) Decree No. 42 1999 (1999)Copyright (Amendment) Decree No. 98 1992 (1992)
Trademarks
Registry of Trademarks Patents & Designs
Trade Marks Act (Chapter 436) (1990)
Patents Registry of Trademarks Patents & Designs
NOTAP (Drafting, Payment, Commercialization)
Patents and Designs Act of 1971 (Chapter 344) (1990)
Trade Secrets
?
The business model canvas
OFFER
CHANNELS
RELATIONSHIPS CLIENTS
REVENUE STREAMS COST CENTRES
KEYPARTNER
KEYRESOURCES
KEY
ACTIVITIES
Source: Canvas by businessmodelgeneration.com
Who‘s yourcustomer?
Which customer
segments do you serve?
What‘s your offer?
Which „jobs to be done“
do you satisfy?
What‘s your relationship
to the customer?
What‘s your image?
How do you reach your customers?
How do you make
money?
What is driving cost?
What are your core
activities and processes?You are
your main suppliers, partners
and alliances? What are your
main assets and
competencies?
Describing your business model
Business Model Canvas-Disney
Geographical Scope of IP• Almost every country has its own patent law, and a person
desiring a patent in a particular country must make an application for patent in that country, in accordance with the requirements of that country. Since the rights granted by a Nigerian IP extend only throughout the territory , they have no effect in a foreign country.
• A creator or inventor who wants IP protection in other countries must apply for registration in each of the other countries or in regional patent offices.
Global Arrangements• The Patent Cooperation Treaty (PCT) streamlines the
process of filing patents in multiple countries. By filing one patent application with the Nigerian Patent and Trademark office, applicants can concurrently seek protection in up to 143 countries
• The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries.
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
• The Agreement on Trade-Related Aspects of Intellectual Property establishes minimum standards of protection for each category of property rights. These standards should be integrated into the national legislation of all World Trade Organization (WTO) Members and they should be applied in accordance with the principles of most-favoured-nation and national treatment.
• TRIPS is the trade agreement with most implications for the production of and access to drugs, particularly in developing countries.
• The agreement aims to bring Intellectual Property Rights (IPR) systems around the world together under a common international set of rules, thus addressing problems of international piracy and IPR infringements.
Costs
About Ese Oraka• Ese Oraka is a Business Designer and lawyer with over twelve years post call-
to-bar experience. His core competencies are in the areas of Business & Intellectual Property Law, Organizational Strategy/Planning, Corporate Communications, Team Design & Team Building.
• His edge is in His ability to bring diverse knowledge, skill and experience to bear on his clients strategic business objectives. He also has a passion for setting up and organizing teams with diverse skill sets and a common goal.
• Ese’s networks are wide, spanning the business, regulatory, creative, financing and academic communities. He has worked as a Program Manager (JDPC), Brand Strategist (Headstart), Account Manager (DDB Lagos), Business Consultant (Onebox Solutions) and a Corporate Law/IP Consultant (Law Allianz & Chocolate City Group)
• He was a fellow at the Institute for Venture Design, a collaboration between FATE Foundation and Stanford University’s Center for Design Research. He is a founding partner at Adelphi.
Contact
Ese OrakaTel:
+234 809 666 7106Email:
[email protected], [email protected]:
www.adelphionline.com Blog:
www.insightsbyadelphi.blogspot.com Twitter:
www.twitter.com/@eseoraka