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European Research Council

The European Research CouncilThe European Research Council

Introduction toIntroduction to Intellectual Property Rights

and Copyrights

Dr. Gordana Popovic

Scientific Management DepartmentStarting Grant Unit

Rome, 25 June 2012


What is Intellectual Property?What is Intellectual Property?

• Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerceand designs used in commerce.

• Intellectual Property Rights (IPR) are legal rights granted to creators of IP t i th t ti Thi ll b i t i liIP to give them protection. This allows businesses to commercialise their creation and safeguard a strong market position.

IP i di id d i t t t i• IP is divided into two categories:Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source;C i h hi h i l d li d i i k h lCopyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.


The different IP rights

What is protected: Name of IP right:

Innovative products or processes Patents or utility models

The appearance of the products Design protectionThe appearance of the products Design protection

Brands of goods and services Trade mark protection

Mi hi T hi t tiMicrochips Topographies protection

Goods from specific regions Geographical indications

C f fConfidential commercial information Trade secrets

Artistic and literary works Copyright protection

New types of plants Plant varieties protection


Patents

Utility Models

Industrial

P t

Inventions Trade

Secrets

y

Plant varieties

Topographies of semiconductor products

IP

Property

Distinctive

Signs

Trade marks

Trade names

Geographical IndicationsGeographical Indications

Aesthetic

creations Designs (industrial design)

Other

Intellectual

Property

Literary & artistic creations

Copyright

Source JRC


PatentsPatents

Inventions

Patents

TradeUtility Models

Plant varieties

Industrial

Property

SecretsPlant varieties


Trade marksIP

Distinctive

Signs

Trade marks

Trade names

Geographical Indications

Aesthetic


Other Literary &

Intellectual

Property

artistic creations

Copyright

Source JRC

5

Patent is a type of IPR which relates to “Technical Inventions”. It is a territorial right granted by a State for a limited time period.


PatentsPatents

PatentabilityC it i

Novelty

Inventive StepCriteria p

Industrial Applicability

ApplicationP d

National (through national patent offices)

European (through the European Patent Office)Procedures p ( g p )

International (via WIPO)

Upon filing of an application a priority date is obtained. The lifespan of the patent begins with this. The application will be made public by the patent office 18 months after the priority date.

Granting of a patent is a long procedure which ranges between 4-7 years on average!

Source JRC


Patents

Important!

Check prior art!

Do not publish before the patent application is filed!!

Know limitations – pay attention to blocking IP!

Espacenet (EPO) and Patentscope (WIPO) databases provideEspacenet (EPO) and Patentscope (WIPO) databases provide Access to information on patents published around the world.

Source JRC


Licensingg

• Having protected your IP, one of the most effective ways of exploiting it is the grant of a licence, allowing someone to p g g guse your rights in return for a payment (lump sum or by way of a royalty on each product sold).

• The licence terms and the amount to be charged are negotiated between the owner of the right and the licensee. g g

• For those who do not want (or cannot afford) to manufacture their product themselves this is the normalmanufacture their product themselves, this is the normal way to make money – particularly with a patent.

Source OHIMSource OHIM


No Patents forNo Patents for…

• Mathematical methods • Medical and surgical treatments• Business methods• Aesthetic creations• Aesthetic creations• New plant or animal species• Inventions which are contrary to moral standards and public order

( i t t f t t )(e.g. instruments of torture)• The human body and any non-separate part/s thereof

• Grey areas : Biotech inventions and computer software

Source JRC


Utility modelUtility model

Patents

Utility Models

Industrial

P t

Inventions Trade

Secrets

y

Plant varieties


IP

Property

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other

Intellectual

Property


Copyright

Source JRC


Utilit modelUtility model

Main

Lower degree of inventive step, mainly for shape or structure

Relative novelty at national levelMainFeatures

e a e o e y a a o a e e

Cheaper and quicker than a patent

Not available in every country limited scope in EuropeNot available in every country, limited scope in Europe

Source JRC


Plant varietiesPlant varieties

Patents

Utility Models

Industrial

P t

Inventions Trade

Secrets

y

Plant varieties


IP

Property

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other

Intellectual

Property


Copyright

Source JRC


Plant varieties

• Also called a “plant breeder’s right”, this is a form of IP right granted to the breeder of a new plant variety in relation to

t i t i th l it ti f th t t dcertain acts concerning the exploitation of the protected variety which require the prior authorization of the breeder.

• As in the case of patents, trade marks and industrial designs, prior examination and granting by the relevant g p g g yauthority is required to establish the breeder’s right.

• In the EU the relevant authority is the Community Plant Variety Office (CPVO) in Angers, France.

S OHIMSource OHIM


Topographies

Patents

Utility Models

Industrial

P t

Inventions Trade

Secrets

y

Plant varieties


IP

Property

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other

Intellectual

Property


Copyright

Source JRC


Topographies

• This is the configuration or design of semiconductor products or “chips” which is usually the result of high investment of bothchips , which is usually the result of high investment of both financial resources and expertise.

• The high cost and the relative ease of copying are the main reasons why layout designs need protection.

• Integrated circuits are neither protected as industrial designs ( t d t i i th t l ) t t ((not determining the external appearance) nor as patents (no inventive step) but can be protected by copyright, depending on the jurisdiction.j

Source OHIM


Trade Secrets

Patents

Utility Models

Industrial

P t

Inventions Trade

Secrets

y

Plant varieties


IP

Property

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other

Intellectual

Property


Copyright

Source JRC


Trade Secrets

A trade secret is a confidential formula, practice, process, instrument, pattern, or compilation of information used by an enterprise to obtain an advantage over competitors within the same industry or profession (example formula or recipe of

No registration so no public disclosure

competitors within the same industry or profession. (example - formula or recipe of a product e.g. Coca Cola).

Main

No registration, so no public disclosure

Appropriate means must be put in place to ensure secrecy

U d t t i titi d t th iMainFeatures

Used to retain competitive advantage over other companies

Can include any commercially sensitive knowledge

Risks of commercial espionage

Source JRC


Trade mark

Inventions

Patents

TradeUtility Models

Plant varieties

Industrial

Property



Trade marksIP

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other Literary &

Intellectual

Property

artistic creations

Copyright

Trade mark is a territorial and perpetual right granted by a State

Source JRC

18

Trade mark is a territorial and perpetual right granted by a Stategiving an applicant exclusive rights over the use of a distinctive sign


Trade mark

Main

A trademark is normally composed of letters/words, graphicalelements, shapes/forms and sometimes sounds or 3D depictions

MainFeatures A trademark must be capable of distinguishing the goods or

services of one undertaking from any other

MainC it i

Distinctiveness (generic v. inventive)

Non-Descriptiveness

National (through national trademark offices)

Criteriap

Obligation to use

ApplicationProcedures

( g )

European (Community Trademark through the OHIM)

International (through WIPO)

Source JRCTrade mark searches for free using OHIM databases (TM View or CTM Online) or WIPO databases (ROMARIN)


Trade mark

Patents

Utility Models

Industrial

Inventions Trade

Secrets

Utility Models

Plant varieties


IP

Propertyproducts

Distinctive

Signs

Trade marks

Trade names

G hi l I di tig Geographical Indications

Aesthetic


Other

Intellectual

Property


Copyright

Source JRC


DesignsDesigns

It is possible to register a certain “design”

DesignRights

This grants a stronger degree of protection than copyright

Applies mainly to the physical appearance of a product

Should demonstrate a degree of novelty

The outward appearance of a product may be protected as a design if:it is novel and has individual character and the look is not solely dictated by the function and it is not against morality and public order.function and it is not against morality and public order.

The term “product” includes for example, the shape of a car, design of toys, jewellery, but also computer icons, graphic displays on computers, etc.

Source JRC

p , g p p y p ,


Protecting designsg g

• Designs can be registered nationally through a national office, or in the EU through the OHIM.

• There are two types of Community Design protection, both covering all the 27 EU Member States

The Unregistered Community Design is valid for 3 years after disclosure g y g yand protects against copies made in bad faith.The Registered Community Design is valid for 5 years, and can be renewed in blocks of five years up to a maximum of 25 years. The fact that the design is registered means greater certainty and solidity in casethat the design is registered means greater certainty and solidity in case of infringement.

• The scope of the protection is for the design and is not tied to a specificThe scope of the protection is for the design and is not tied to a specific product, so if you designed a new car you may stop people copying your design, whether they are making a toy car, a key ring or using the image on a T–shirt.

Source OHIM


CopyrightCopyright

Inventions

Patents

TradeUtility Models

Plant varieties

Industrial

Property



Trade marksIP

Distinctive

Signs

Trade marks

Trade names


Aesthetic


Other Literary &

Intellectual

Property

artistic creations

Copyright

Copyright is a type of IPR which grants protection to

Source JRC

23

Copyright is a type of IPR which grants protection to the expression of an idea at the time of creation


MainCriteria

Originality and certain degree of skill, labour and judgment

Must be fixed on a tangible medium

It applies to literary, artistic and scientific creations of the mind,

Criteriag

No obligation to be inventive or profound

MainFeatures

It applies to literary, artistic and scientific creations of the mind,such as movies, music, books, drawings, works of architecture,

software, databases, paintings, statues, photographs, etc..

Copyright does not apply to the idea, but rather to its expression!

No formal registration required24Moreover

No formal registration required

Granted automatically at the time of creation

V lid d i th lif f th t 70 th ftValid during the life of the creator + 70 years thereafter

Source JRC


Protecting copyrightg py g

• As there is normally no formal procedure for registration of copyright proving copying can be difficult, in fact the best protection is to actually publish your “creation”protection is to actually publish your creation .

• However, there are a number of ways to ensure that your , y ydate of creation can be verified more easily, e.g.:

depositing your sealed original work with a solicitor or specialiseddepositing your sealed original work with a solicitor or specialised rights management service. This can also be done in some of the national IP offices;

sending the original work by registered postal delivery to yourself but leaving the envelope sealed until when or if it is needed in an infringement action.infringement action.

Source OHIM


National protection or morep

• National IP offices exist alongside European and international systems.

• Your business strategy paves the way for your IP strategy -you may wish to test the local market before investing in a y y gbroader cover.

• Remember if you make a second filing (within 6 months for• Remember, if you make a second filing (within 6 months for a design or trade mark and 1 year for a patent) in either another country, or with an international authority such as the OHIM or the EPO you will be able to claim your earlierthe OHIM or the EPO, you will be able to claim your earlier filing date as a “priority date”. This is important as you want to be the first to have filed for protection.

Source OHIM


IPR H l d kIPR Helpdesk

• Assisting beneficiaries/grantees of EU funded programmes in dealing with IPR mattersg

• Providing professional advice and first-line, high-quality support on IP/IPR issues via different services (Helpline, Bulletin, Newsletter, Publications, Training, Fact Sheets and Case Studies, Glossary, Library, FAQs, Events)Q lifi d t i di id l ti ithi th• Qualified answer to individual questions within three working daysAll services are offered free of charges• All services are offered free of charges

• Website: www.iprhelpdesk.euH l li i @i h l d k• Helpline: [email protected]

European Research Council ERC Grant portability and IPTasks of the Principal Investigator (PI)Tasks of the Principal Investigator (PI)

Tasks of the PI related to IP

II.3.3.• The PI shall propose in writing to the new beneficiary in the case

he/she is determined to transfer the project or part of it to a newhe/she is determined to transfer the project or part of it to a new beneficiary to which extent the project shall be transferred. He/she shall also make in writing a proposal to the beneficiary on the

d liti f th t f t ith th b fi imodalities of the transfer arrangement with the new beneficiary.

II 3 4II.3.4.• The PI shall provide to the beneficiary, in the case of transfer to

the new beneficiary, a statement describing in detail the results of th d t d h t th ti f t f f th j tthe conducted research up to the time of transfer of the projectand he/she shall transmit a copy of this statement to the Agency.


ERC Grant portability and IPyTasks of the Host Institution (HI)

II.34.3.• Should the PI request to transfer the project or part ofShould the PI request to transfer the project or part of

it to the new beneficiary and the beneficiary agrees to such a transfer, the latter shall send a substantiated request for amendment to the Agency .

II.34.4.II.34.4.• Should the PI request to transfer the project or part of

it to a new beneficiary and the beneficiary objects to y y jsuch a transfer, the latter shall communicate the reasons for its objection to the Agency, including any l l b t l t h t f d ti l llegal obstacle to such a transfer under national law.


Thank you for your attentionThank you for your attention

Gordana Popovic@ec europa eu

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