IP: All of your business!

- safeguard and protection IP at IHC Merwede -

European Workshop IPR, 04 February 2010

Jaco van der Hoeven - IP Support Center / IHC Merwede

This document remains the property of IHC Merwede B.V. All rights reserved.

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Intro

Question: who deals with IP at this moment?

'I don't create innovations, I am just doing my work'

'Intellectual Property = patent'

'What's new? All innovations are based on existing knowledge!'

'The other party pays, why should he waive the ownership of IP?'

...

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Intro: climbing on the leader's shoulders

Comparison Albert Heijn and othertrade mark, source: www.nos.nl

Comparison design Zwart&Jansma andHolland Railconsult, source: Zwartbol lawyers

But, not only external parties are confronted with this...

JONGIHC Merwede

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Why presentation about IP?

IP=strategic product

Relation with nearly all disciplines: commercial, technical, legal, financial, organizational structure

Riskmanagement

Solid IPR-vision and -position is essential for times of internationalization

Awareness - inside AND outside

Infringement shipbuilding IP: not as visible as many consumer goods (e.g. LEGO), but has much impact

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What is IP and IPR?

IP = property created by execution or purchase an intellectual activity/knowledge and concerns a.o.:

• drawings / designs

• calculations / designrules

• reports / test results

• tradenames

IPR = the right of exclusive use of IP by:

• registration - patent, trademark, design, domainname

• claim legal right - copyright, databaseright

• contractual statements - know-how

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The value of IP

Competitive profit leading to Win-Win relation:

• customer gets product with added value

• better margins & technological advantage

Innovative product Basic product

fuel

maintenance

personnel

depreciation

customer's earnings

value added knowledge/IP

exploitationexploitation

operator's profit

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Every contact carries IP (depends on organization structure)

Externalsupplier

internalIP rules

BU

- yard

- engineering

- parts

- consultancy

- production

Internalsupplier

CustomerEngineering

Sales

Service

Purchase

R&D

Class

Supervisoryteam

Marketing

Fabrication

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Embedding IP at IHC Merwede

Internal rules

• Organizational structure (IHC Merwede - several BU's)

• Essential regulations for streamlining IPR-issues

• Specific appointments (e.g. IP-budgetplan incl. valorization)

• Dedication specific IP-department

IHC Merwede:

• Steering group IP

• IP Support Center at MTI Holland B.V.

• and ALL EMPLOYEES deal daily with IP...

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Daily dealing with IP

Working with 5 P's:• Promote - awareness, use of available knowledge(tools)

• Put down - registration of unique knowledge and knowhow

• Protect - patent, trademark, design, (confidentiality)agreement, keep in the black-box

• Profit - sell and buy of licences, learning from others

• Police - being on the alert on infringement of our IP

Or in German and Dutch:Anregen , Aufzeichnen, Absichern , Ausnutzen, Aufsicht führen

Bevorderen, Beschrijven, Beschermen, Benutten , Bewaken

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Promote and put down IP

Get IP in the heads

• awareness campaign and recurrent training

• intranetwebsite

• internal WIKI-page

Many options for description

• IP archive for the entire company

• database of IHC Merwede's products and services

• qualification of knowledge and products in a 'starsystem'

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Daily protection of IP

note: 100% risk cover isn't realistic

IP claims in contracts• property

• confidentiality

• licence

Sell & Purchase of IP sensitive products & services• components (e.g. cylinders)

• foundry

• turning shop

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Daily protection of IP (2)

Production & use IP sensitive data• drawings

• measurement reports

• software (source code)

• trademarks (HYDROHAMMER®)

Registration of IP productions• patent

• trademark

• design

• domainname

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Make profit with IP: f.e. innovationbox (NL)

Dutch governmental regulations for stimulation innovation and R&D activities

• lower tax on profits (5% instead of 25,5%)

• inventive steps: patent R&D-cost

Simple example:

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Protection of IP

• Take care for knowledge-picking via various channels,f.e. a tour of:• System supplier and/or

• Component supplier and/or

• agent

• Your order/transfer of IP can damage other parties IP-interests

• Communicate agreed IP-terms & conditions

• Service engineers and salesman: Keep an eye on IP-piracy!

Our IP: None of your business!

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IP Support Center - MTI Holland

• Standard documents(IP Terms & Conditions, confidentiality agreements, copyrightclause, decision making of IP-registration)

• IP Handbook incl. guidelines

• General & Dedicated IP-training

• Legal support (in cooperation with legal counsel)

• Registration & Searching patents and trademarks

How do we support IHC Merwede?