Ipr talk mediastudents

What is Intellectual Property?

also called...

IPIntellectual Property Rights (IPR)Industrial Property Rights

What’s the relevance to you?

INTELLECTUAL PROPERTY RIGHTS

“Intangible rights protecting the products of human intelligence and creation”

Intellectual Property

Legally protected rights that attach to different kinds of intellectual property...

Intellectual Property Rights

Intellectual Property Rights are legally enforceable rights

Different Kinds of IP

It’s horses for courses...

What do all types of IP have in common?

IP is property

IP is territorial

IP can be costly to enforce

Not just an ‘idea’

IP is not a right to do something...

IP is not a right to do something...

It’s a right to prevent someone else from doing something

Generally owned by an employer...

Generally owned by an employer...

If created by an employee in the course of their duties

3 Key Facts about Copyright

Literary, dramatic, musical, artistic works



It’s a right to prevent copying



It’s a right to prevent copying

Arises automatically


3 Key Facts about what Copyright is not

X

X

X

Intended to protect ideas


X

X

X


Necessary to register


X

X

X


Necessary to register

Protect insubstantial copying


X

X

X

Assert your rights!

Keep supporting evidence

Agreement between co-authors

How to protect your copyright?

Phantom towns...

Redundant code...

DRM - software code embedded in digital media file

When is copying OK?

Non-commercial research & private study

Critisism, review and reporting current events

Time shifting

Teaching in educational establishments

Moral Rights - Authors & Performers

Right to be identified as an author



Right to object to derogatory treatment



Right to object to derogatory treatment

Must be asserted (but can waive)


Moral Rights Don’t Apply:

X

X

X

X

Computer programs


X

X

X

X

Computer programs

Ownership by the author’s employer


X

X

X

X

Computer programs


Newspapers or magazines


X

X

X

X

Computer programs


Newspapers or magazines

Reference works


X

X

X

X

Unregistered Design Right

Registered Designs Unregistered Design Right

Registered Designs

Need to register

Protects the overall appearance

New & have individual character Original (not commonplace)

Exclusive right Only protection if copied

25 years protection

12 months grace period


Registered Designs

Need to register Automatic right

Protects the overall appearance

Protects the shape or configuration

New & have individual character Original (not commonplace)

Exclusive right Only protection if copied

25 years protection 15 years protection

12 months grace period N/A


Apple - Registered Design for the iPad...

From a galaxy

From a galaxy far far away...

From a galaxy far far away...

To a battle in court

3 Key Facts about Trade Marks

Word/sign which can be graphically represented



Distinguish the trade origins of goods/services



Distinguish the trade origins of goods/services

Registered and unregistered v TM


3 Key Facts about what TMs should be

Distinctive (not descriptive of goods and services)



Not similar/identical to existing marks (in same class)



Not similar/identical to existing marks (in same class)

Exclusive right to use the mark for goods/services


Pick up a Penguin...

To read To eat

Looking After Your Trade Mark

Trade marks - use it or lose it!



Avoid becoming generic



Avoid becoming generic

Don’t make constant changes


Patents protect products, processes, use of products...

Contract between the inventor and the state

Contract between the inventor and the state

Publication in return for a monopoly right...

3 Key Facts about Patents

Patents protect an ‘invention’



Patents are monopoly rights



Patents are monopoly rights

Patents are territorial


3 Key Facts about what patents are NOT


X Just an ‘idea’



X Available for certain ‘exclusions’



X Available for certain ‘exclusions’

X Enforceable until grant

Just because you can patent your invention...

Just because you can patent your invention...

Doesn’t mean it’s a good idea!

In order to get a return on investment...

People must want to buy your product...

Trade Secrets

Secret, substantial and documented

Trade Secrets


Only protection = secrecy

Trade Secrets


Only protection = secrecy

Can disclose under confidentiality agreements

Trade Secrets

Most famous trade secret of all time...

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