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“DIGITAL IP” (Intellectual Property Protection in Digital Entrepreneurships) Founder Institute - Chile December 2, 2015 by Allan Jarry
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“DIGITAL IP”(Intellectual Property Protection in Digital Entrepreneurships)
Founder Institute - ChileDecember 2, 2015
by Allan Jarry
Sobre mi…
Abogado
Who is…
Accelerated Growth Partners
Contenido
YOUR INTELLECTUAL PROPERTY
YOUR FOUNDER %
Exercise
Identify “IP” in an Article…
IP…
IP…
sugar
PI…
PI…
PI…
PI… Atrapanieblas
PI… Pecera dentro de un Lago
Luis Beth: Empresario PyMe
"Tener una patente te da seriedad”
Road Map
Innovation & Intellectual Property Protection
Intellectual Property--What is it?Intellectual property is a broad term which encompasses the various tangible products of the intellect of inventors. These include patents, trademarks, copyrights, trade secrets, know-how, and other proprietary concepts, including an invention, scientific or technological development, and even computer software and genetically engineered microorganisms.
The law provides for the protection of your inventions and other intellectual creations through a system of patenting, copyrighting, and trademark. The type of protection used is determined by the type of property.
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Intellectual Property
-TRADEMARKS-GTLDs-PATENTS OF INVENTION-SOFTWARE-DESIGN PATENTS-TRADE SECRET LAW-DATA BASES-COPYRIGHT
Intangible Assets IP RightsInvention Patent of Invention
Small Invention Utility Model
Design Industrial Design
Brands / Names Trademark
Artistic Creation Copyright
Know How Trade Secret
Websites Domain Name
Assets vs. IP Rights
Patents
A patent is a grant of a property right for an invention that is novel, useful, and non-obvious by the government of a territory to the inventor through the Patent and Trademark Office. What is granted is not the right to make, use, or sell, but the right to exclude others from making, using or selling the invention without first obtaining a license from the patent holder.
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CopyrightA copyright protects the "works" or expressions of an author or artist against copying, performance, display, or use as a underlying work. It protects the form of expression rather than the subject matter or idea of the writing. Materials within the scope of copyright protection include books, articles, musical and artistic works, as well as computer software.
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Trade Secret
A proprietary technology or trade secret may be defined as secret information that gives someone a competitive advantage in business and is usually information not known to the general public. It may include an unpatented invention, a formula, blueprint, machine, process, customer list, tool or the like.
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1) It’s Secret2) Commercial Value3) Reasonable Measures to secrecy
E.I. DuPont & Co. vs. Christopher BrothersU.S. Court of Appeals, Fifth Circuit431 F.2d 1012 (1970)Before Wisdom, Goldberg and Ingraham.Goldberg, Judge.
Trade Secret; Case Law
Trademark
A trademark includes any work, name, symbol, or device adopted and used by an individual or a corporation to distinguish its goods or services from the goods or services of others.
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TM Domain Names
Ownership…
Who initially owns IP? Patent: the inventor Trademark: the one using the mark in commerce
in connection with the goods (Common Law); Civil Law, the one filing for and registering the mark.
Copyright: the author (with major exceptions) Trade secret: the one to whom the secret is of
value and who maintains its secrecy
Duration of Protections
The temporal scope of IP rights varies
Patent: until it expires (20 years post-file) Trademark: as long as you use the mark Copyright: author’s life plus ca. 70 years Trade secret: as long as you keep it secret
IP…
sugar
IP…
+
Sugar (sucrose)
IP…
sugar
Sucralose SaccharinAspartame
Patent: Chemical composition, mfg process Copyright: Package Artwork / TextTrademark: Brand, Logo Design Patent: Shape of packaging Trade Secret: Manufacturing Process Trade Dress: Color, Arrangement of Graphics Know-how: Procurement, Supply chain
PI…
PI…
PI…
PI… Atrapanieblas
PI… Pecera dentro de un Lago
Luis Beth: Empresario PyMe
"Tener una patente te da seriedad”
Road Map
IP Management; TRADEMARKS
Trademarks Functions
- Product / Service Identifier- Quality Index (Consumer’s mind) - Goodwill
Types of Marks / Brands (legally speaking)
GENERIC
DESCRIPTIVE
SUGGESTIVE
ARBITRATY
FANTASY
BAD
NOT GOOD
GOOD
GOOD
FAIR
Examples of “mal-functioning” trademarks?
Trademark Functions
DON’Ts (OK Landing Pages…)
DESCRIPTIVA
SUGESTIVA
FANTASÍA
MALA
NO BUENA
BUENA
BUENA
SEMI
5 Keys when Choosing a Brand Name
DESCRIPTIVA
SUGESTIVA
ARBITRARIA
FANTASÍA
MALA
NO BUENA
BUENA
BUENA
SEMI
- Legal compliance with regulations and laws- Easy to read, write and remember- Prior to filing Trademark Search - No Negative International Meanings… - MUST: Have it´s corresponding Domain Name
Road Map
FREE OF USE Technologies and Innovations
Free of Use
Territory
Paris Convention (1883) vs
Patent Cooperation Treaty (PCT)
Free of Use
-Granted Patents in USA, JP y GE = 324.961-Granted Patents in Chile = 703(Fuente> OMPI 2002)
Free of Use
98%Free to USE in Chile
Free of Use
Patent Data Baseswww.proind.gov.clep.espacenet.comwww.uspto.orgwww.epoline.orgwww.jpo.go.jp
Free of Use-75 million patent documents were published by 2005
-70% of the information contained by patens can not be found in other media
Road Map
Closing Statements
Top 5 IP Mistakes Startups make
#1
Not Protecting Valuable IP
Top 5 IP Mistakes Startups make
#2
Spending Too Much $ on IP
Top 5 IP Mistakes Startups make
#3 Failing to have protective IP
provisions in agreements w/ 3rd parties
Top 5 IP Mistakes Startups make
#4
Infringing some else’s IP
Top 5 IP Mistakes Startups make
#5
Loosing the “secret” in a TS
Today’s Learning
One of the biggest mistakes a startup can make is mismanaging IP rights. You need to not only manage your own IP rights, but also avoid infringing those of third parties.
To be on the safe side, IPM should include efficiently protecting the Startup’s IP rights while also avoiding the IP rights of others.
Further Ideas…
YOUR INTELLECTUAL PROPERTY
YOUR FOUNDER %
Founder % – DON´T
#1
Do Not Give In… !
Founder % – DON´T
#1
Do Not Become an Employee!
Founder % – DON´T
#1
Don’t Dilute!!!
Motivation is your DRIVER…What it´s YOURS, becomes main YOUR Motivation…
#1
DON´T Loose it.!!!
…. Thanks!!!
Allan [email protected]
www.jarryip.comSkype name “allanjarry”
+569954239701-305-4872585
