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Introduction to Intellectual Property

by Britta Fromow

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• 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."

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Questions?Britta Fromowbritta.fromow@baldwins.com