201501 gests423 s4
-
Upload
azele-mathieu -
Category
Technology
-
view
299 -
download
0
Transcript of 201501 gests423 s4
1
GESTS423 Intellectual Property Management &
Technology Transfer Session 4:
The different types of intellectual property rights
Azèle Mathieu, PhD February - June 2015
Benefits for you
• Raise your awareness!
• Spare time
– Think before you act
– Experts, online resources, patent attorneys,…
• Spare money
– “IP is expensive” … but lawsuits are!
– Example
– Public financial incentives
• Consolidate your competitive advantage
– Innovative business model
– Innovative product/service
– …
– IP?
• In some cases, can be a leverage to earn money
4
Intellectual property & value
Coca-Cola®
TM: EUR 58.7 Billion
Apple® iPod touch®
> 100 Mio units sold over 6 years
Harry Potter Copyright: EUR 681 Mio
Polaroid® instant camera Patents: EUR 692 Mio
DNA copying process Patents: EUR 225 Mio
EPO/OHIM Intellectual Property Teaching Kit - IP Basics
5
Legal rights What for? How?
Patents New inventions Application and
examination
Copyright © Original creative or artistic
forms Exists automatically
upon fixation
Trade marks ™/® Distinctive identification of
the source of a good/service
Use and/or registration
Registered designs
External appearance Registration
Trade secrets Valuable information not
known to the public Reasonable efforts
to keep secret
Overview of Intellectual Property rights
9
Legal rights What for? How?
Patents New inventions Application and
examination
Copyright © Original creative or artistic
forms Exists automatically
upon fixation
Trade marks ™/® Distinctive identification of
the source of a good/service
Use and/or registration
Registered designs
External appearance Registration
Trade secrets Valuable information not
known to the public Reasonable efforts
to keep secret
Overview of Intellectual Property rights
10
When should you start taking care of your IP?
11
Legal rights When
Patents Before any (scientific) publication
Copyright © Ok exists automatically =>
publication
Trade marks ™/® Before marketing your
product/service (e.g. info on the net)
Registered designs Before outsourcing the making of
the object (e.g. Get Well Kit)
Trade secrets Keep it secret… all the time "Information is the lifeblood of the company“
What is Intellectual Property
IP is
- a collection of
- legal and enforceable rights that
- provide control of the availability and use of
- skills, creativity, resources and technology and
- give the owner or his licensee a competitive advantage.
These rights are exclusive to the owner, but also come with some important exceptions.
12
Intellectual Property (1/2)
• Copyright ©
– Protects creative expression stored in a tangible format (for example, books, recorded music, paintings, sculptures, films, and software code)
• Trademark ® / TM
– Protection of distinguishing assets to help public identify source of a good/service (for example, brands and logos)
• Design and Industrial Model
– Protection of aesthetic visible qualities (for example, the form and shape of a product)
13
Intellectual Property (2/2)
• Patent (patented/patent pending)
– Protection of technical inventions (for example, a product or manufacturing process)
• Trade secret or know how
– Protection of undisclosed know-how (for example, a recipe, technique, process, customer list, business plan)
14
Some IP found in a mobile phone
• Trade marks:
– Apple logo
– Product name “iPhone” – Software “iOS”?
• Patents:
– Data-processing methods
– Semiconductor circuits
– Chemical compounds,…
• Copyrights:
– Software code
– Instruction manual
– Ringtone,…
16
• Trade secrets:
– ?
• Designs (some of them registered):
– Form of the overall phone
– Arrangement of buttons in oval shape
– Three-dimensional wave form of buttons,…
Copyright - Creative Commons
20
• http://creativecommons.org/about
Copyright
• Definition – The exclusive, legally secured right to publish, reproduce and sell the
matter and form of a literary, musical, dramatic or artistic work
• Original works of authorship protected, include: – Literary works (includes computer source code!) – Musical works – Dramatic works – Choreographic works – Pictorial, graphical, sculptural works – Motion pictures – Architectural works
• Example: dictionary (Van Dale)
21
Copyright
• Exception/Limitations:
– Limited in duration (though quite long!)
– Ideas vs. Expression
– “Fair use” when being reproduced but no protection for purposes such as criticism, comment, news reporting, teaching, research, further improvements, etc.
– “Private copies”
22
Trademarks
• Definition
– Any means to identify and distinguish products or services
• Duration:
– Period of 10 years indefinitely renewable
• Requirements:
– Should have a distinguishing character, without being too descriptive
– National registration
• Examples:
– words, sign, sentence, odor, shape, color, tune, noise,…
24
Trademarks
• “(…) Our registered trade mark (…) provides us with a consistent image to the marketplace. It's all about consumer recognition".
• The Coffee Club trade mark is registered
– with IP Australia across a variety of classes.
– in more than a dozen countries; providing protection for what could conceivably be a global market.
• “Intellectual property - our trade marks, copyrighted menus, brochures and so on - all of this is just as important to us as any other business issue. Maybe more so because that is what makes us distinctive, different from the rest”.
• The Coffee Club's secure IP is attractive to potential franchisees. “(…) protected from local and international competitors trying to imitate The Coffee Club brand, which could threaten our investment.”
25
Source: http://www.ipaustralia.gov.au
When buying/investing/partnering in/with a company, be careful of who holds the IP rights and if they are included in the deal...
Trademarks VW vs. Rolls Royce case
26
Source: http://www.ipaustralia.gov.au
Trademarks
• Is my trademark already used/registered by another company?
– Search on: https://register.boip.int/bmbonline/intro/show.do
– Example: search for the mark “PREOB”: http://www.wipo.int/romarin/advSearch.do?ID=0&searchString=+/MARKGR/INTREGN+contains+972042&searchDatabaseAct=on&searchDatabaseDel=on
– Refused marks: https://register.boip.int/bmbonline/search/publication/perform.do
27
Source: www.boip.int
Designs or industrial models
• Definition
– Industrial models or design protect the aesthetic qualities of a particular shape or form of a certain product having a specific function
• Duration:
– 5 + 5 + 5 years
29
Designs or industrial models
• The problem: competitor copying designs
• Is my industrial model already used/registered by another company?
– Search on: https://register.boip.int/designsOnlineWeb/?l=fr
– Example: search for chair http://www.wipo.int/wipo_magazine/en/2012/06/article_0004.html
• The lesson: register designs before releasing them to the market
30
Source: www.boip.int
Trade secrets or know how
• Secret information giving an advantage over competitors.
• Will need to be kept secret…
– Take all reasonable steps such as confidential agreements, clauses in contracts,…
32
A patent: definition
34
Exclusive right
“Negative” right
Granted for an invention, product/process offering a new
technical solution to a problem
Duration: 20 years
Implication: the invention cannot be commercially made,
used, distributed or sold without the patent owner's
consent
Conditions to be fulfilled
35
Practical use
Industrial application
Can be made or used in any kind of industry
Element of novelty
Not publicly available
Not part of the state of the art
Inventive step
Not obvious to a person skilled in the art
Accepted as "patentable" under law
A patent is a contract between an inventor and a state
Inventor State
1. Protection for about 20 years 1. Publication of the invention
2. Exclusive rights to produce, use, sell and import the invention
- To recup investment in R&D - To strenghten market position and
competitiveness
- To spread new technical knowledge - To avoid R&D duplication - To foster innovation
36
Resources
• https://www.iprhelpdesk.eu/ • http://www.ideasmatter.com/ • http://www.ipaustralia.gov.au/understanding-intellectual-property/case-studies/ • OHMI - Trademark, Design, Industrial secret: https://oami.europa.eu/ohimportal/fr/ • EPO - Patent: http://www.epo.org/
In Belgium: • OBPI – Trademark, Design, Industrial secret https://www.boip.int/wps/portal/site/home/!ut/p/a1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKdg5w8HZ0MHQ0MfJ3MDTx9Hb28_Xz8jC0CDPSD04r0C7IdFQH92-xE/ • OPRI - Patent http://economie.fgov.be/fr/entreprises/propriete_intellectuelle/Aspects_institutionnels_et_pratiques/OPRI/#.U8JKXk2KAkI • Public financial incentives: http://newinnoviris.irisnet.be/fr/soutien-financier-entreprises/programmes-bruxellois/protect-patent http://www.ecosubsibru.be/index.cfm?fuseaction=aides.aides_one&aide_id=28&language=FR
38