IPO Seminar Slides
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Slides from the Intellectual Property Office's visit to the University of Southampton Science Park for the ENGAGE events programme. Provided by Chris Smith.
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IPO Seminar Slides
- 1. Intellectual Property Business Outreach & Education @The_IPO
- 2. Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 1000+ staff based in Newport in South Wales, 50 based in Victoria, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)
- 3. IP Baseline Survey 96% of UK businesses do not know the value of their Intellectual Property Rights Only 11% of UK businesses know that disclosure of an invention before filing will invalidate a patent. 74% of UK businesses could not correctly identify the owner of copyright when using a subcontractor Only 4% of UK businesses have an Intellectual Property policy
- 5. What is intellectual property? Intellectual Property Patents Trade marks Registered designs CopyrightConfidentiality Trade Secrets Plant Varieties
- 7. Smell Colour theme Shape theme Domain name Slogan Name Logo What is registrable as a Trade Mark? Non-traditional Music
- 8. What is a Registered Trade Mark? Any sign which is capable of being represented graphically Any sign which is capable of distinguishing the goods or services of one undertaking from another “A Badge of Origin”
- 9. Criteria for registration •have become customary in your line of trade •describe your goods or services or any characteristics of them •are not distinctive •are offensive •are against the law •are deceptive We will not accept marks which:
- 10. Slogans as Registered Trade Marks Laudatory terminology, and words in common usage in the class of goods in question may not be registered as RTMs Gillette ® , The Best a Man can Get TM However, Mr Kipling ® since 1984, but Exceedingly Good Cakes ® since 1994
- 11. Domain names Trade Mark registration is not company name or domain name registration A domain name may be registered as a Trade Mark Incorporating another’s RTM into your domain name or meta-tag may be an infringement
- 12. Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems
- 13. UK Applications Fees: Application fees: £170 – Includes one Class Additional Classes £50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months
- 14. Unexpected marks • Office of Government Commerce • £14000 to create new logo “not inappropriate for an organisation that’s looking to have a firm grip on government spend” OGC Spokesperson
- 15. Trade Mark Registration Overseas Paris Convention - six months priority OHIM – Community Trade Mark e-filing fee €900 WIPO - Madrid Protocol
- 16. unregistered Trade Marks A lot of evidence must be presented, including proof of established reputation, confusion for consumers, and harm done If an unregistered TM is infringed, attack with a ‘Passing Off’ action
- 18. True or False If it doesn’t have a copyright notice, it’s not protected I can copy 10% without it being an infringement If I acknowledge the original work, I can use it I have bought the book/painting/photograph so I can use it as I wish
- 19. Copyright Conventions Berne Convention: Universal Copyright Convention: Trade-Related Aspects of Intellectual Property Rights (TRIPS):
- 20. 1.Literary Works – All works expressed in print or writing. 2.Dramatic Works – A work capable of being performed. 3.Musical Works – includes melody, harmony and rhythm. 4.Artistic Works – irrespective of artistic quality. Includes works of artistic craftsmanship. Copyright 5.Films – Moving images produced by any means. 6.Sound Recordings – a recording of sounds, from which the sounds can be reproduced. 8.Published Editions – typographical arrangements. 7.Broadcasts – transmission of visual images, sounds or other information.
- 21. What Copyright protects Books, technical reports, manuals, databases Engineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic works Promotional literature, advertising Films, videos, cable or radio broadcasts Computer software & websites
- 22. What Copyright does not protect Works in the public domain - For example if the copyright has expired Expression over ideas – copyright protects the expression of an idea, not the idea itself Copyright Exceptions – covered later Single words & Titles or Fact
- 23. How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years TV & radio broadcasts: 50 years from first broadcast Sound recordings: 70 years from first publication Published editions(typographical layout): 25 years from first publication Films: 70 years after the death of the last of: director, composer of any music specifically created for the film, the author of the screenplay and the scriptwriter Uploading a work which is out of copyright to the internet may create new copyright so don't assume it is copyright-free if you want to use it.
- 24. Who owns Copyright? Usually the first creator or author... …or their employer if produced in the ordinary course of their employment However, a contractor will retain ownership unless their contract is explicit to the contrary Even if the creator sells their rights, they have ‘moral rights’ over how their work is used
- 25. If there is more than one author? Where two or more people have created a single work and the contribution of each person is not distinct from the others. A recording of a song will have several contributors: performers, composers, writers, sound producers. The same may be true with computer programmes created by a team. Where there is more than one rights holder, all must give permission before the work can be used, including performance. If any of the rights holders cannot be traced, the work may not be usable.
- 26. Primary Infringement Any of the following without the consent of the rights owner Copying / Reproducing Adaptation Distributing Lending or renting Public performance IGNORANCE IS NO DEFENCE Communication to the public Making available
- 27. Secondary Infringement Any of the following without the consent of the rights owner Selling Importing Possession for business purposes Facilitating primary infringement Only guilty if done knowingly, or if you ought to have known
- 28. ‘Exceptions’- permitted acts There are a number of limited exceptions to copyright, which allow works to be used without the permission of the copyright owner. Exceptions exist for the following purposes: Private study Research News reporting Criticism / reviews Some official reports Education, libraries ‘Time-shifting’ of broadcasts Incidental inclusion Visual impairment
- 29. Collecting Societies PRS for Music Phonographic Performance Limited (PPL) Video Performance Limited (VPL) Authors’ Licensing and Collecting Society (ALCS) Copyright Licensing Agency (CLA) Newspaper Licensing Agency (NLA) The Design and Artists Copyright Society (DACS) The Artists’ Collecting Society (ACS) License copyright on behalf or rights holders in exchange for a fee Around 17 collecting societies in the UK, including: The Copyright Tribunal - adjudicates on reasonableness of collecting society licences
- 30. Copyright for Business Mark work with the international copyright symbol © Electronic fingerprints Look at licensing and assignment opportunities Regularly review contracts (business and employees) Record the work in some way
- 32. Registered Designs Protects shape or configuration (3-D) and/or pattern or ornamentation (2-D) No protection for function, materials or technology of manufacture No protection when form is dictated by function (ie: no design freedom)
- 33. Technical Function/Must Fit – Must Match
- 34. Multiple Applications £60 for first design (£40 application + £20 publication) £40 for subsequent designs (£20 application + £20 publication Renewal fees every 5 years Maximum term 25 years
- 35. Registration Overseas Paris Convention – 6 Months OHIM - Community Design Hague Agreement (1/1/2008)
- 39. Criteria for ‘patentability’ Patents are for “technological innovation”, though the Patents Act 1977 fails to define the word “invention” Inventions must be new - not known anywhere in the world prior to the filing date Inventions must have an ‘inventive step’ - not obvious, a simple adaptation or combination Inventions must be industrially applicable and have a ‘technical effect’
- 40. Patent fees Application fee – £30 or £20 (Electronic filing) Search Fee - £150 or £130 (Electronic filing) Examination fee - £100 or £80 (Electronic filing) Renewals 5th Year - £70 10th Year - £170 20th Year - £600
- 41. Obtaining Patent Protection Abroad Separate national filings Patent Co-operation Treaty (PCT) European Patent Convention (EPC)
- 42. Using Patent Information Use of patent information is totally separate from obtaining & enforcing legal rights through patents Patent information can solve problems and provide new insights Avoid reinventing the wheel: 30% of European R&D is wasted on technology already in patents Enables you to keep track of your competitors
- 43. Mediation IPEC Enforcement CIPA ITMA Law Society Who?How? It’s your responsibility to defend your IP and to take action if someone’s used it without permission.
- 44. IP Insurance • Before The Event Legal Expenses Insurance (BTE LEI) • - Affordable • - Access to Enforcement • - Deterrent • - Links to related issues (online or loss of revenue) • - Protects cash flow List of insurers: http://www.cipa.org.uk/need-advice/insurance-for-intellectual-property/ or http://www.itma.org.uk/membership/resources/publications/ip_litigation_insurance More info: https://www.gov.uk/guidance/intellectual-property-insurance
- 45. Registered Design Copyright: labels & artwork ® Registered Trade Mark ‘TM’ unregistered Patents: several dozen! Bringing it all together
- 46. Gov.uk/ipo - 0300 300 2000 Information@ipo.gov.uk