ip4inno Module 5B IP in the real world Practical exercise to help you decide ‘What Protection is Appropriate?’ Name of speakerVenue & date

ip4inno is brought to you by: European Commission, DG Enterprise & Industry European Patent Office 19 consortium partners in the first ip4inno project This particular module was updated by: Own-it with funding from the EC and EPO

The Disclaimer! This training material concerns intellectual property and business strategies only in general terms. This training material should not be relied upon when taking specific business or legal decisions. Rather, professional advice should be obtained which suits the circumstances in question.

What kind of protection is appropriate? EXERCISE 3 Ballpoint pens producer

What elements do you need to consider? Retracting mechanism Brand name/word Shape Surface pattern Pocket clip

What kind of protection is appropriate? Confidentiality Trade mark Copyright Patent Design right Internet domain name

What protection is appropriate? Retracting mechanism Brand name/word Shape Surface pattern Pocket clip

What protection is appropriate? Retracting mechanism Brand name/word Shape Surface pattern Pocket clip

What protection is appropriate? Retracting mechanism Brand name/word Shape Surface pattern Pocket clip

10 What is protected by design right? Protects a design that may be the appearance of whole or part of a product and may arise from the lines contours, colours, shape, texture, material or ornamentation of the product Must be novel and possess individual character

11 Registered and unregistered design Registered Unregistered National vs EU rights

12 Registered Designs OHIM Designs ,-002,-006

13 Registered Designs OHIM Design OHIM Design

14 Registered Designs OHIM Designs ,-0002,-0003,-0004

15 Deferment of publication Request delay of publication when filing the application Publication can be deferred up to 30 months from the filing/priority date

16 Examination - note 1 Appearance and function - the anti-dropping oil drizzler Picture taken from the book “COCOS” Juli Capella & Ramon Ubeda, Ed. ELECTA

17 Examination - note 2 Designs contrary to public policy or morality

18 International Design protection Paris Convention: six months priority The Hague Agreement OHIM: Community Trade Marks

19 Summary Retracting mechanism: no protection Brand name/word: trade mark Shape: registered or unregistered design right Surface pattern: registered or unregistered design right Pocket clip: trade mark or design right

What kind of protection is appropriate? EXERCISE 4 High quality gear wheels

Some useful links World Intellectual Property Organization: Office for Harmonization in the Internal Market: European Patent Office: IPR-Helpdesk:

Thank you for your attention! Over 50 teaching hours of material, case studies, exercises, links and more can be found on