| Date post: | 22-Jan-2015 |
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2. Goals Practical IP information and strategies i.e. Business Strategy Drives IP Strategy Future issues to consider? i.e. Openness, Sharing, Our digital lives... 3. I. Business Goals Clearly understand your business goals Create value through innovation. How do you protect that value? Phase 1: IP Administration Creation of IP assets Phase 2: IP Management Creating economic benefits from IP 4. What is IP? IP protects the intangible assets of yourbusiness Brand, inventions, software, know-how IP used to accomplish strategic goals Competitive advantage Tick IP box to get funding Jurisdiction each country is separate How to select type of IP protection? 5. When? Now. Planning IP strategy now, prevents legalproblems that cannot be fixed later. 6. Types of IP Confidential Information Copyright Trade-marks Patents Industrial Designs 7. Patents What is a patent? New == novel; not in prior art Inventive != obvious Subject matter First to file (except US) Why get a patent? 20 year right to exclude others Monopoly for public disclosure 8. Patent Strategy Risk: Be careful with disclosures Absolute novelty in EU and Asia By inventor, 1 year grace period in CA and US NDA is ok, but patent application is better. Risk: cost of enforcement! Approach patents in stages to manage cash flow Pro: flexible business tool, offensive and defensive 9. Ownership of IP Manage ownership of IP Agreements from founders, employees, contractorsassigning IP to company Dont assume that company owns any IP justbecause you are paying someone! Be aware of third party rights Previous employers Universities, technology transfer organizations,government agencies 10. II. Why IP? What is (was) the policy goal? Balance? Registration gives a presumption of rights! 11. What do WE want? Open SAFE creative life to express, invent,play, make and hack... SAFE == not getting sued? Share == Contribute to the COMMONS Educate ourselves about IP! 12. Copyright Shrinking public domain... term is VERY LONG! Created and applies automatically to all works How to recreate the public domain? Use Copyright! 13. License License == Contract Contract == an agreement, a tool Contract to use copyright protected material Open Source && Creative Commons 14. Patents Goal: Prevent patent from issuing How: ANTICIPATION attack novelty Practically: PUBLICLY DOCUMENTEVERYTHING I dont want anyone to patent it. 15. Trade-marks Genericide == death by a thousand cuts Not really an issue, even trade dress, unlessout of balance or commercial USE Overzealous demands? Channels of trade islimiting. 16. Open Source Hardware Interesting issues... copyright + industrialdesign + trade dress + patents !!! Copyright applies to practically all the plans tomake the hardware. But not the hardware itself. What about patents? New or existing? Patentpools... 17. Industrial Design I believe will become more important becauseof 3D printing. design or industrial design means features ofshape, configuration, pattern or ornament andany combination of those features that, in afinished article, appeal to and are judged solelyby the eye; 18. Trolls / NPE Are you making a lot of $$$? If not, dont worry too much. Actually not true anymore... they like small weaktargets! 19. Demand Letter Is a threatening letter BUT... Be careful. Dont say anything, especially inwriting. without prejudice 20. What can I do? Always negotiate! Are you infringing? Why? Be honest withyourself. Be prepared to have your bluff called, if you tryto call their bluff. Litigation == EXPENSIVE 21. General Strategy Marketing and advertising == tell a story thatthe public understands and relates to Help create a Streisand effect Dont be intimidated! Dont be naive! 22. Smart Consumer of Legal Services Big Law == Big clients && Depth && Breadth ==premium pricing Finder (Partner) and Grinder (Associate) Grinder is paid ~1 unit to bill ~3 units. Small firm == Specialized && Lean 23. What can I ask my Lawyer? Understanding of your business. Who is doing the work? Estimate? Range? Breakout bill: work done, hours, who. Challenge bill: Court Assessment Office 24. Entrepreneurship if (money < expenses) then {bankrupt} Professional services is always a trustrelationship Self-education, lowers costs 25. Lawyers | Patent and Trade-mark AgentsMaRS Centre, 101 College Street, #120EToronto, ON M5G 1L7Thank you!Remember: This is information, not legal advice.Felix Tang, Lawyer & [email protected]@felixstang1.888.433.2030
