David morgan tomorrow's world event presentation

© Enterprise Europe Network South West 2009

Intellectual Property a Sustainable Enterprise

Dave Morgan Innovation Adviser

European CommissionEnterprise and Industry


Intellectual Property A Vital Asset To Business

• Traditionally organisations seen value in hard assets

• Intellectual Assets the jewel in the crown to many organisations

• Exactly the same attributes as traditional property

• Unauthorised or illegal use may result in prosecution

• Rewards for your creativity and innovation.


IPR – What are they?

• PATENT – protection function very powerful comes at a cost

• TRADE MARKS – essentially a brand building block of enterprise

• REGISTERED DESIGN- protects external appearance of a product

• COPYRIGHT – used by us all under pins the creative economy


The Innovation Journey

• CONCEPT

• FEASIBILITY

• DEVELOPMENT

• IMPLEMENTATION


FIRE ANGEL®

• Nick Tate & Sam Rutter - Coventry

• Determined to enter business

• Innovation stems from the home

• Researched domestic products

• Destructive construction – re-engineered


What Problems Did They Discover?

How Can Product Be Improved?


FireAngel® Problems

• Operated by batteries - inefficient

• Temperamental –goes off when you burn the toast

• Ugly – spoils the look of your ceiling

• Not robust – flimsy materials

• Reset button on side


FireAngel®• Re-engineered moved on resultant innovation suitable patent

• Patent Protection gave them ownership of their own creativity for a period of 20years

• Effective monopoly for a period of 20 years which enables them to manufacture and exploit

• Patent is a negative right – enables them to take action against any one who copies them

• Opportunity to develop as a company and make a realistic profit


First patent applied for in partnership with Coventry Uni.

2 later inter national patents applied for.

Aware of the need to protect their ideas.

WO0021047 – 7 Oct 1998 Smoke Alarm.


FireAngel®

• Needed to develop a brand to support the product – 1st April 1999

• Product to market initial problems

• Determination led to exclusive contract with B&Q

• Now available across the UK

• International portfolio re-brand for the US – Angel Eye


Building a Portfolio

• Technology Strategy –move forward while protecting along the way

• IP portfolio enhances business value while deterring competitors

• 51 national patents 11 pending patents covering 8 technologies

• 4 Registered trade marks

• 3 Registered Designs

• IP protection major developed countries

• Current spend £60k per annum


Commercial Status

• Products in 5000 retail outlets

• Exclusive supply deals with TESCO for all Fire & Co Safety products

• 70% of the B & Q safety products range

• Approx 50% of the UK business with Fire Brigades

• Financial performance first 6 months 2007 £33.3Million Profit £255k!!!!!


Does This Apply to Me?

• YES Intellectual Property Applies to All

• Creators, Innovators, Service Providers most valuable thing is Intellectual Capital

• Understand how to use the IP to your maximum advantage

• Develop and implement strategies to under pin your business

• Design, Trade Mark and Brand, Patents and Copyright


PATENTS

• To be capable of grant there are a few basic rules:-

• Invention/innovation must be new and not known anywhere in the world

• Invention must have an inventive step not obvious or a simple adaptation

• Inventions must be industrially applicable

• The unwritten rule Commercially viable – most important is there a market?


Patents


Inventor Eric D Page January 2002

A fore head supporting device for restingA users head against the wall above a Urinal.

In use the user rests his head against theWall above the urinal enabling him to takeThe ultimate comfort break


Patents Why Bother?

• An agreement between the state and inventor fixed period of time 20 years exclusive rights to this innovation.

• Solution to technical problems

• State gets access to the technology stops others from re-inventing the wheel

• For the inventor substantial commercial returns if proven viability


What is a Patent ??A Bargain

State InventorFees

Technical Description

Exclusive Rights20 years


Citations v. novelty: “Prior art”

Paul Graham USHERPatent No GB 2117179 APriority date: 18 March 1982

The BEANONo. 2015 page 128 February 1981


James Dyson


Dyson

• Text book example of innovation yields market share

• Early 70s sea truck, ball barrow late 70s cyclonic separation

• Failed to get support – decided to go it alone

• Hoover noticed success copied patent Dyson success $5million damages

• Latest technology kitchen appliances


Patent Hints• No disclosure – no chats

• Work with others use Non Disclosure or Confidentiality Agreement

• Do work yourself – use online databases RESEARCH RESEARCH RESEARCH

• Search www.ipo.gov.uk espacenet inventor, technology

• Expert help www.cipa.org.uk

• GB, Other countries or world wide

• Useful links www.ideas21.co.uk

http://www.ipo.gov.uk/


REGISTERED DESIGNS• A registered design is a monopoly right which protects a design. This can

be for all or part of a product :-

• This can be lines; contours; colours; shape texture or materials of the product or its decoration.

• The design maybe:-

• The shape of the product

• The decoration applied to a product or both eg a teapot with a specific pattern applied to it

• It is the design itself that is protected no matter what product is named on the application form


Registered Designs

Design Registration No 2081155 Design Registration No 000084223-0001


Registered Designs


Registered Designs

Design Registration No 3301664


Cuddle Dry

date

http://www.cuddledry.com/prod-img/e_86.jpg

http://www.cuddledry.com/


Cuddle Dry

• Polly Marsh & Helen Woodbridge

• UK and European trade marks 2435436 and E6041131 registered 2006

• UK and European Design Registration 4003036 2007

• Baby Show in Milan

• Italian manufacturer – Infringement action

• Useful link www.acid.eu.com


Robert Welch Designs Ltd

142922Argos

ACID.UK.COM


Registered Design

• Royalties for past sales of £103,302.81

• £46,750 towards costs

• A licensing deal has now been agreed

• Alice Welch MD said in January 2006 “having built our brand on a strong design history, it is critical to us that our customers do not mistake an inferior product/copy to be our design. Therefore we at Robert Welch take IP very seriously and will pursue anybody who copy/pass off our designs”

• Useful link www.acid.co.uk


Trade Marks

• A badge of origin, a sign which is capable of distinguishing goods or services of one company from those of another

• Distinguished by an R in a circle. Trade marks are the only form of intellectual Property which can last forever provided they are kept in force

• As a society we are brand aware and TMs provide the opportunity for us all to effectively brand ourselves and to protect our brands.

• A Trade Mark is a BADGE OF ORIGIN


What Can Be Registered

Name Shape

Domain Name Slogan

Colour Logo

Music


Who Uses Trade Marks

• Anyone setting themselves up in business must consider brand right from the start.

• Established business spend vast amounts of time and money on research to identify a niche in the market before they launch a new product

• Probably one of the most important business decisions any SME will make.

• Consumers buy branded products and it is this which they will identify


Shapes as Registered Trade Marks


Colours as Registered Trade Marks

- as applied to the outside of petrol filling stations- in relation to roadside recovery services

- in relation to milk chocolate

- in relation to cat food

- in relation to baked beans

- in relation to mobile communications


Slogans

• Just Do It

• I’m Lovin it

• Don’t leave home without it

• Always cutting prices

• Work, Rest & Play

• Once you pop, you can’t stop


Richard Branson – Virgin

date


Trade Mark Hints• Create distinctive brand – this is your opportunity to create a brand

identity.

• Check up on the IPO database to establish if others have adopted this brand or something similar.

• Your brand will exist in a class which is the most appropriate for your field of business.

• Do your ground work before you set up a business mistakes are expensive to rectify and can destroy consumer confidence.

• DIY but you may need to use the services of a Trade mark agent who can add value to your application.


Copyright

Caxton’s Printing Press

The Statute of Anne 1709

Scope increased to include engravings, prints, sculptures, dramatic works and musical

works

1956 – films, broadcasts and typographical arrangement

Copyright, Designs and Patents Act 1988


What Is Copyright?

• It is a property right – gives creators ownership over what they create

• It is automatic

• No registration no forms to fill in

• Enables creators to earn money from their creativity

• Protects creations and allows creators to control how others can use them


Who Uses Copyright?

• Authors, artists, photographers, musicians

• Gives creators ownership what they create

• Automatic – you have to prove infringement

• Prove ownership – retain original

• Musicians earn royalties


Copyright Owners Control

• Copying works by any means including electronic storage

• Distribution of works as first sale, rental or publication

• Public performance of their works

• Broadcasting

• Adaptation or change


Copyright in Music• In music copyright exists in :-

• Lyrics(“literary works”)

• Music(“musical works”)

• Production(”sound recordings”)

• Additional Copyright might exist in:-

• Photo or design of CD cover

• CD booklets - descriptions


Who Owns Copyright

• Usually the first creator or author………..

• Or their employer if produced in the ordinary course of their employment.

• In the case of a contractor he will retain ownership unless their contract says otherwise

• Claim copyright by adding your name © date to all your works

• Provide an audit trail of your creations which you can use

• Copyright lasts for 70years after authors death.


Who owns copyright?Taken by the prince’s executive chef, Carolyn Robb wearing their ‘new set of tweeds’.

Settlement later reached with Robb involving a four figure fee for the use of the photograph and use by the Royal Mail.


Copyright

• ECONOMIC Rights Creators have various rights including the right to:-

• Copy their work, to perform or play their work in public.

• To broadcast their work on TV and radio, to make their work available on the internet

• To adapt their work

• MORAL rights – also protects the personality of the creator:-

• The right to be identified as the creator

• The right to object to any mis or derogatory use


Audrey Hepburn

http://www.theinsider.com/photos/3371260_Rare_Audrey_Hepburn_stamps_up_for_auction


Audrey Hepburn

• German postal service printed 14 million stamps

• Hepburn,s refused to grant permission under copyright to use his mothers image - glasses & not a cigarette

• Moral rights had been affected

• German government ordered all stamps to be destroyed

• Original approval sheet retained

• Sold auction 600,00 euros profits to charity


Dan Brown -v- Michael Baigent & Richard Leigh

40 Million Copies – March ’03£1M+ in Legal Costs


To Sum Up

• IP affects us all as an asset it is quite often of more commercial value than traditional assets

• Every business owns IP in some form or fashion

• Vital that you understand the value of IP before you start a business

• IP enables you to raise funds through licensing, capital funding, loans based on IP

• Be wary of those who make empty promises


Bringing it all together® Registered Trade Mark

‘TM’ unregistered

Registered Design

Copyright: labels & artworkPatents: several dozen!


GWE Offering• Impartial and commercially strategic IP advice • IP audit of all Intellectual assets • Sign posts to other areas of expertise • Sign post to other services UKTI, ERDF, EEN • Aim to ensure SMEs in the South West succeed.


Contact Details

• [email protected]

• 0845 60 60 969

• www.enterpriseeuropesw.org.uk

• [email protected]

date

mailto:[email protected]

http://www.enterpriseeuropesw.org.uk/

David morgan tomorrow's world event presentation

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