“DIGITAL IP”(Intellectual Property Protection in Digital Entrepreneurships)

Founder Institute - ChileDecember 2, 2015

by Allan Jarry

Sobre mi…

Abogado

Who is…

Accelerated Growth Partners

Contenido

YOUR INTELLECTUAL PROPERTY

YOUR FOUNDER %

Exercise

Identify “IP” in an Article…

IP…

IP…

sugar

PI…

PI…

PI…

PI… Atrapanieblas

PI… Pecera dentro de un Lago

Luis Beth: Empresario PyMe

"Tener una patente te da seriedad”

Road Map

Innovation & Intellectual Property Protection

Intellectual Property--What is it?Intellectual property is a broad term which encompasses the various tangible products of the intellect of inventors. These include patents, trademarks, copyrights, trade secrets, know-how, and other proprietary concepts, including an invention, scientific or technological development, and even computer software and genetically engineered microorganisms.

The law provides for the protection of your inventions and other intellectual creations through a system of patenting, copyrighting, and trademark. The type of protection used is determined by the type of property.

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Intellectual Property

-TRADEMARKS-GTLDs-PATENTS OF INVENTION-SOFTWARE-DESIGN PATENTS-TRADE SECRET LAW-DATA BASES-COPYRIGHT

Intangible Assets IP RightsInvention Patent of Invention

Small Invention Utility Model

Design Industrial Design

Brands / Names Trademark

Artistic Creation Copyright

Know How Trade Secret

Websites Domain Name

Assets vs. IP Rights

Patents

A patent is a grant of a property right for an invention that is novel, useful, and non-obvious by the government of a territory to the inventor through the Patent and Trademark Office. What is granted is not the right to make, use, or sell, but the right to exclude others from making, using or selling the invention without first obtaining a license from the patent holder.

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CopyrightA copyright protects the "works" or expressions of an author or artist against copying, performance, display, or use as a underlying work. It protects the form of expression rather than the subject matter or idea of the writing. Materials within the scope of copyright protection include books, articles, musical and artistic works, as well as computer software.

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Trade Secret

A proprietary technology or trade secret may be defined as secret information that gives someone a competitive advantage in business and is usually information not known to the general public. It may include an unpatented invention, a formula, blueprint, machine, process, customer list, tool or the like.

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1) It’s Secret2) Commercial Value3) Reasonable Measures to secrecy

E.I. DuPont & Co. vs. Christopher BrothersU.S. Court of Appeals, Fifth Circuit431 F.2d 1012 (1970)Before Wisdom, Goldberg and Ingraham.Goldberg, Judge.

Trade Secret; Case Law

Trademark

A trademark includes any work, name, symbol, or device adopted and used by an individual or a corporation to distinguish its goods or services from the goods or services of others.

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TM Domain Names

Ownership…

Who initially owns IP? Patent: the inventor Trademark: the one using the mark in commerce

in connection with the goods (Common Law); Civil Law, the one filing for and registering the mark.

Copyright: the author (with major exceptions) Trade secret: the one to whom the secret is of

value and who maintains its secrecy

Duration of Protections

The temporal scope of IP rights varies

Patent: until it expires (20 years post-file) Trademark: as long as you use the mark Copyright: author’s life plus ca. 70 years Trade secret: as long as you keep it secret

IP…

sugar

IP…

+

Sugar (sucrose)

IP…

sugar

Sucralose SaccharinAspartame

Patent: Chemical composition, mfg process Copyright: Package Artwork / TextTrademark: Brand, Logo Design Patent: Shape of packaging Trade Secret: Manufacturing Process Trade Dress: Color, Arrangement of Graphics Know-how: Procurement, Supply chain

PI…

PI…

PI…

PI… Atrapanieblas

PI… Pecera dentro de un Lago

Luis Beth: Empresario PyMe

"Tener una patente te da seriedad”

Road Map

IP Management; TRADEMARKS

Trademarks Functions

- Product / Service Identifier- Quality Index (Consumer’s mind) - Goodwill

Types of Marks / Brands (legally speaking)

GENERIC

DESCRIPTIVE

SUGGESTIVE

ARBITRATY

FANTASY

BAD

NOT GOOD

GOOD

GOOD

FAIR

Examples of “mal-functioning” trademarks?

Trademark Functions

DON’Ts (OK Landing Pages…)

DESCRIPTIVA

SUGESTIVA

FANTASÍA

MALA

NO BUENA

BUENA

BUENA

SEMI

5 Keys when Choosing a Brand Name

DESCRIPTIVA

SUGESTIVA

ARBITRARIA

FANTASÍA

MALA

NO BUENA

BUENA

BUENA

SEMI

- Legal compliance with regulations and laws- Easy to read, write and remember- Prior to filing Trademark Search - No Negative International Meanings… - MUST: Have it´s corresponding Domain Name

Road Map

FREE OF USE Technologies and Innovations

Free of Use

Territory

Paris Convention (1883) vs

Patent Cooperation Treaty (PCT)

Free of Use

-Granted Patents in USA, JP y GE = 324.961-Granted Patents in Chile = 703(Fuente> OMPI 2002)

Free of Use

98%Free to USE in Chile

Free of Use

Patent Data Baseswww.proind.gov.clep.espacenet.comwww.uspto.orgwww.epoline.orgwww.jpo.go.jp

Free of Use-75 million patent documents were published by 2005

-70% of the information contained by patens can not be found in other media

Road Map

Closing Statements

Top 5 IP Mistakes Startups make

#1

Not Protecting Valuable IP

Top 5 IP Mistakes Startups make

#2

Spending Too Much $ on IP

Top 5 IP Mistakes Startups make

#3 Failing to have protective IP

provisions in agreements w/ 3rd parties

Top 5 IP Mistakes Startups make

#4

Infringing some else’s IP

Top 5 IP Mistakes Startups make

#5

Loosing the “secret” in a TS

Today’s Learning

One of the biggest mistakes a startup can make is mismanaging IP rights. You need to not only manage your own IP rights, but also avoid infringing those of third parties.

To be on the safe side, IPM should include efficiently protecting the Startup’s IP rights while also avoiding the IP rights of others.

Further Ideas…

YOUR INTELLECTUAL PROPERTY

YOUR FOUNDER %

Founder % – DON´T

#1

Do Not Give In… !

Founder % – DON´T

#1

Do Not Become an Employee!

Founder % – DON´T

#1

Don’t Dilute!!!

Motivation is your DRIVER…What it´s YOURS, becomes main YOUR Motivation…

#1

DON´T Loose it.!!!

…. Thanks!!!

Allan Jarryallanjarry@jarryip.com

www.jarryip.comSkype name “allanjarry”

+569954239701-305-4872585