ip4inno Case Study Concentrate Design – design products for schools SpeakerLocation, 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 case study was written 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.

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

Patent or Design Right?

Patent or Design Right?

8 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

9 Registered and unregistered design Registered Unregistered National vs EU rights

Patent or Design Right?

Patent or Design Right? Protection of technological inventions Protection of appearance/surface design/inner parts High costsNo costs (unregistered) or low cost (registered) Opportunity to make money Not available when invention is already in the public domain Automatic/1 year grace period for registration Duration: 20 yearsDuration: up to 25 years Territorial limits Long examination processNo examination

An alternative: utility model Only available in a limited number of countries Similar to a patent Suitable for SMEs Lower expectations re: inventive step or non-obviousness Cheaper, simpler, faster Shorter period of protection

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

Paths to Investment IP is an asset of a company Protection of rights is important to protect the asset Investment in ideas is possible

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

Trade mark: Concentrate

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

19 Licensing All IP rights are assets that have a value Like any other property, they can be sold, rented, left in a will, given away… License agreements are contracts between the owner of the property (the “licensor”) and the party that is granted user rights (the “licensee”)

Licensing Concentrate Design Design rights Trade mark Know-how? Consider brand alignment

Licensing: Key clauses Duration Exclusive/non-exclusive Territory Field of usage Payment Termination clause License Agreement Parties:……………… …………………… Definitions: ……………………… Obligations:………….. Royalties: ……………… Duration:…………… …

Concentrate Design: a case study Introduction Patent or Design Right? Path to Investment Trade mark Licensing Non-disclosure agreements

Non-disclosure agreements Protect know-how and confidential information

The law of confidence Concerned with secrets – does not apply to information already in the public domain. Can apply to any type of IP or know-how, eg: drawings, techniques, formulae, and data of all types. Circumstances must suggest an obligation of confidence. Simply marking a document with ‘PRIVATE AND CONFIDENTIAL’ is not enough. Gisela Giardino under Creative Commons licence

Establishing confidentiality Can be imposed via agreement, but is also implied by relationship. Agreements should be put in place with other parties before work starts. Be careful when sending ideas by ! Orkboi under Creative Commons licence

Summary Consider the objectives of your business before registering IP rights especially if you have the choice between a patent and a design right It is important to register rights before seeking investment to minimise the risk of competitors infringing your rights and to exploit rights through licensing agreements Know-how can be as valuable as IP rights and should therefore be protected and be kept within the company through confidentiality/non-disclosure agreements.

Thank you for your attention! Enter here Speaker’s name and contact details Over 50 teaching hours of material, case studies, exercises, links and more can be found on