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
3 Key Facts about Copyright
Literary, dramatic, musical, artistic works
It’s a right to prevent copying
3 Key Facts about Copyright
Literary, dramatic, musical, artistic works
It’s a right to prevent copying
Arises automatically
3 Key Facts about Copyright
3 Key Facts about what Copyright is not
X
X
X
Intended to protect ideas
3 Key Facts about what Copyright is not
X
X
X
Intended to protect ideas
Necessary to register
3 Key Facts about what Copyright is not
X
X
X
Intended to protect ideas
Necessary to register
Protect insubstantial copying
3 Key Facts about what Copyright is not
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
Moral Rights - Authors & Performers
Right to be identified as an author
Right to object to derogatory treatment
Moral Rights - Authors & Performers
Right to be identified as an author
Right to object to derogatory treatment
Must be asserted (but can waive)
Moral Rights - Authors & Performers
Moral Rights Don’t Apply:
X
X
X
X
Computer programs
Moral Rights Don’t Apply:
X
X
X
X
Computer programs
Ownership by the author’s employer
Moral Rights Don’t Apply:
X
X
X
X
Computer programs
Ownership by the author’s employer
Newspapers or magazines
Moral Rights Don’t Apply:
X
X
X
X
Computer programs
Ownership by the author’s employer
Newspapers or magazines
Reference works
Moral Rights Don’t Apply:
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
Unregistered Design Right
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
Unregistered Design Right
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
3 Key Facts about Trade Marks
Word/sign which can be graphically represented
Distinguish the trade origins of goods/services
3 Key Facts about Trade Marks
Word/sign which can be graphically represented
Distinguish the trade origins of goods/services
Registered and unregistered v TM
3 Key Facts about Trade Marks
3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)
3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)
Not similar/identical to existing marks (in same class)
3 Key Facts about what TMs should be
Distinctive (not descriptive of goods and services)
Not similar/identical to existing marks (in same class)
Exclusive right to use the mark for goods/services
3 Key Facts about what TMs should be
Pick up a Penguin...
To read To eat
Looking After Your Trade Mark
Trade marks - use it or lose it!
Looking After Your Trade Mark
Trade marks - use it or lose it!
Avoid becoming generic
Looking After Your Trade Mark
Trade marks - use it or lose it!
Avoid becoming generic
Don’t make constant changes
Looking After Your Trade Mark
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’
3 Key Facts about Patents
Patents protect an ‘invention’
Patents are monopoly rights
3 Key Facts about Patents
Patents protect an ‘invention’
Patents are monopoly rights
Patents are territorial
3 Key Facts about Patents
3 Key Facts about what patents are NOT
3 Key Facts about what patents are NOT
X Just an ‘idea’
3 Key Facts about what patents are NOT
X Just an ‘idea’
X Available for certain ‘exclusions’
3 Key Facts about what patents are NOT
X Just an ‘idea’
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
Secret, substantial and documented
Only protection = secrecy
Trade Secrets
Secret, substantial and documented
Only protection = secrecy
Can disclose under confidentiality agreements
Trade Secrets
Most famous trade secret of all time...
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