Intellectual Property Law Intellectual Property Workshop Fall Semester 2008.
Www.baldwins.com Introduction to Intellectual Property by Britta Fromow.
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www.baldwins.c om Introduction to Intellectual Property by Britta Fromow
Transcript of Www.baldwins.com Introduction to Intellectual Property by Britta Fromow.
www.baldwins.com
Introduction to Intellectual Property
by Britta Fromow
www.baldwins.com
• Patents - inventions
• Trade marks - reputation via origin
• Designs - appearance
• Copyright - expression of ideas
• Confidentiality - secrecy
• Know how - knowledge
Main forms of Intellectual Property
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Why is IP important?
Protecting your competitive advantage• IP generates revenue• Credibility with investors and distributors – why
should people invest in you?• Clear ownership boundaries
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Confidentiality
Product Development
BrandAdvertising
Patent
Trade MarkRegistration
Registered Design
Passing OffFair Trading
Copyright
Fair Trading
Freedom to Operate
Freedom to Operate
CONCEPT
PROTOTYPE
MARKET
PACKAGE
PRODUCT
SKETCHES / WRITTEN DESCRIPTIONS
MOULDS
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Confidential Information
• Impart information in confidence
• Enter into confidentiality agreements before disclosure
• Procedures to maintain confidence – third parties
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Patents
• Must be new and inventive
• Term 20 years
• Maintain confidentiality prior to filing
• Territorial
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Trade Marks
• Words, logos and devices, colours, shapes and smells
• Each country has own trade mark registration system
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Other Examples
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Copyright
• No need to register
• Acts to prevents copying of a “substantial part”
• “Substantial part” a qualitative test
• Protects tangible expression not idea
• Address issues of ownership
• Ownership – author, employee, commissioned
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Designs
• Protects appearance not function
• Gives a monopoly in the design
• 15 years
• Must register
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Freedom to Operate• Patents, registered designs, trade marks
– can be infringed, even if your product/brand is your own work
• Does someone else have IP rights?– Search the IP records– Monitor the marketplace, trade magazines, websites
• When?– Prior to investment/launch
• Where?– Every new market
• Other benefits?– Competitive intelligence
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MarketHubco has been sold to United States company Yakima in a multimillion-dollar deal.
Hubco's revenues are understood to be in the tens of millions.
"We weren't looking to sell it, but the brand and design progress over the last couple of years has made us the most advanced business in the industry technically, and that has huge synergistic value for the acquirer. The purchase price reflected that."
The company had developed world-leading technology.
"At all levels of usability, for trade and consumer, we'd created a proposition which was significantly ahead of the pack."
