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Introduction to Intellectual Property to Business Advisors
Bradford, 7 Nov 2006
Jane LambertBarrister
Speakers and Topics
• Jane Lambert: “What is IP and why it is important”
• Ron Jones: “The Inventor’s Perspective”
• Ian Macleod: “IP Insurance”
• Q & A
What is “Intellectual Property”
Collective name for a bundle of rights that protect investment in brands, design, technology and the arts,
Some of those rights are monopolies while others are protection from copying
Some arise automatically
Others require registration
Why it is important
Probably most cost-effective way to promote investment in new products, processes and services
Condition of membership of world trade system
Essential for science and technology
Strikes a balance between conflicting public interests
Brands
Passing off – common law right of action
Registered trade marks – monopoly of name, logo, initials or any other sign for specified goods or services
Registered Design
Geographical Indications
Design
Aesthetics – registered designs, Community designs and artistic copyright
Functionality – national unregistered design right and semiconductor chip topography
Technology
Patents – 20-year monopoly of new product or process disclosed to the world
Confidentiality – indefinite protection of secret technical or commercial information disclosed in confidence
Unregistered Design Rights
Copyright and database rights
Arts
Copyright – protection from copying of books, poems, paintings, plays, films, sound recordings, broadcasts
Rights in Performances – right of actors, dancers, musicians, singers and other performers to authorize taping or filming
Acquisition
Rights arising automatically: copyright, unregistered design rights, unregistered Community design, database right, rights in performances, confidentiality and passing off
Rights requiring Registration: patents, trade marks,registered designs
Enforcement
Civil Litigation: claim must be brought where infringement arises
Criminal Penalties: counterfeiting, piracy and bootlegging
Alternative Dispute Resolution: domain name disputes, Patent Office opinions, mediation
Costs
Acquisition: Patent Office Fees, Searches, Translations, Examinations, Professional Fees, Renewal Fees
Enforcement: €50,000 in France, Germany, Netherlands, £1 million High Court, US$2 million USA
Reasons for Patenting
Condition of Funding: eligibility for grants and loans, investment by angels and VCs
Licensing Potential
Force of Habit
Inventors’ Vanity
…. but remember most UK patentsare never worked.
Suggested Approach
What is economic potential of new product or service?
What is the threat to that potential?
What legal protection is available?
Compare cost of acquisition and protection against potential
Sources of Help
Patent and Trade Mark Attorneys: acquire registered rights and advise on licensing and enforcement
IP Specialist Solicitors: Manage legal business including licensing and enforcement
Patent Counsel: Specialist advice, drafting and representation
Websites
www.ipit-update.com
www.patent.gov.uk
www.wipo.int
www.european-patent-office.org
oami.europa.eu
(EC trade marks and designs)
Any Questions Jane LambertnipcThe Media Centre7 Northumberland StreetHuddersfieldHD1 1RL
Tel 0870 990 5081
www.nipclaw.com