Intellectual property (IP) - What is it?

Intellectual property (IP) Refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce What are IP Rights? Legal rights to prevent unauthorised use of IP “Creators can be given the right to prevent others from using their inventions designs or other creations” (WTO). What is Intellectual Property (IP)?

Why do you need to know about IP? IP is everywhere

Trade marks: Made by “Apple" Product “iPhone" Software “iOS9“ Patents: Data-processing methods Semiconductor circuits Chemical compounds … Copyrights: Software code Instruction manual Ringtone … Some IP found in a mobile phone Trade secrets: ? Designs (some of them registered): Form of overall phone Arrangement of buttons in oval shape Three-dimensional wave form of buttons …

Introduction to IP Legal rightWhat for? How? Patents Copyright Trade marks Registered designs Trade secrets New inventions Original creative or artistic forms Distinctive identification of products or services External appearance Valuable information not known to the public Application and examination Exists automatically Use and/or registration Registration* Reasonable efforts to keep secret

A badge of origin A sign used to distinguish between goods and services provided by different suppliers A sign which is capable of being represented graphically Can be registered or unregistered Registration classes for particular goods and services Identified by ® symbol TM symbol can be used to identify an unregistered trademark Owner of the mark has the right to stop an individual selling similar goods or services under the same name Trademarks

Words, logos, sounds and colours Alone or in combination Territorial Must be registered in individual countries Protection can last indefinitely Trademarks

Design Rights Unregistered Design Rights Automatic right upon creation Maximum of 15 years protection Protects any aspect of the shape or configuration Only applies to 3D designs In case of infringement, proof of ‘copying’ is required Registered Design Rights Maximum of 25 years protection Must be renewed every 5 years Made publicly available Refers to the appearance of the whole or part of the product Lines, contours, colours, shape, texture, ornamentation Covers 2D and 3D designs Cheap and fast Protects visual appearance Relate to how an article looks not how it functions Important to certain industries Car industry Fashion industry Registered and Unregistered Design Rights

Protection for original work from being copied by others Wide range of coverage o Publications, Thesis, Computer programs/Software, Music, Sound Recordings, Broadcast Media, Pictures, Photos Automatic Right o Does not involve registration o “Copyright © Organisation, Year” Lasts for 70 years after originator’s death o Exception – computer-generated works Can be bought, sold, inherited or transferred o Author and owner may be different o Moral rights Belongs to your employer Complex body of law Copyright

“A legal authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.” Patents Conditions to be fulfilled by an invention New (not anticipated) Must not have been made or described to the public anywhere in the world. Inventive (not obvious) If compared to the current state of knowledge (prior art) it would not be obvious to a skilled person. Capable of industrial application (not a discovery) In its broadest sense the must be capable of use in some kind of industry. So must be a device, process, product or substance.

Patents grant a ‘monopoly’ for a limited period of time Limited to a maximum of 20 years from the date of filing Information included in the patent will be published Patents are: Negative right Prevents anyone else from working the invention protected by a patent Invention cannot be made, used, imported, distributed or sold without the owner’s consent But does not grant you the right to use your invention Patents – how are they used?

Only cover inventions: Products, processes or substances that are new and have involved an inventive step. Do not cover: Discoveries (e.g. genes) Scientific or mathematical theories Plant or animal varieties Aesthetic creations Business methods, rules for games or other mental processes Presentation of information (databases) or computer programs Patents – what don’t they cover?

What not to do…