Intellectual Property Overview @The_IPO Emma Richards Business Outreach & Education

Intellectual Property Office Executive Agency within Department of Business, Innovation and Skills (BIS) 950+ staff based in Newport in South Wales, 20 based in Victoria, London Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)

What is intellectual property? Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties

Intellectual Property Trade marks Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties

A Registered Trade Mark is... 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”

What can be registered? Name Logo Domain name Slogan Colour theme Shape theme Non-traditional Music Smell

No endorsement but…

Unacceptable marks We will not accept marks which: 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 Sofa King might get through but once used in phrase it wouldn’t.

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

Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems

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

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

Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties Registered designs

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)

Design Registration No 3001664 Registered Designs Design Registration No 3001664

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

Intellectual Property Patents Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties

What is a Patent ? A Bargain Exclusive Rights 20 years State Inventor Fees Technical Description

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’

Examination fee - £100 or £80 (Electronic filing) 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

Working with others Prior use or disclosure will invalidate a patent application - use ‘Confidentiality Agreements’ Agree in writing who will own any I.P. arising from the collaboration before commercialisation

Intellectual Property Patents Trade marks Registered designs Copyright Confidentiality Trade Secrets Plant Varieties Copyright

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

How long does Copyright last? Literary, musical, artistic & dramatic works: author’s lifetime plus 70 years 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 TV & radio broadcasts: 50 years from first broadcast Sound recordings: 70 years from first publication Published editions(typographical layout): 25 years from first publication 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.

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

Ownership of copyright "only human creations are protected, which can also include those for which the person employs a technical aid, such as a camera." Important that author "leaves his mark" ECJ: Advocate General

‘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: Research Private study News reporting Some official reports Criticism / reviews ‘Time-shifting’ of broadcasts Education, libraries Visual impairment Incidental inclusion

Top Dead Earners 2014 1. Michael Jackson - $140m 2. Elvis Presley - $55m 3. Charles Shultz - $40m 4. Elizabeth Taylor - $25m 5. Bob Marley - $20m 6. Marilyn Monroe - $17m 7. John Lennon - $12m 8. Albert Einstein - $11m 9. Theodor Geisel - $9m 10. Bruce Lee - $9m Source Forbes.com

Bringing it all together ® Registered Trade Mark ‘TM’ unregistered Registered Design Copyright: labels & artwork Patents: several dozen!

www.gov.uk/ipo - 0300 300 2000 Information@ipo.gov.uk

IP toolkit for University students Helps University students and academics understand IP Helps universities and businesses to work together Correspondence

Free online training and advice tool 4 short Interactive Modules IPO certification on completion Compliments the IP Equip tool Available free on Android and Apple Smartphone's Free and confidential online diagnosis tool Help your business grow through Licensing, exploiting & Franchising your IP 2 New booklets The business owners guide to understanding your IP Do I need a patent? Accredited interactive course with in depth training on IP Available in person and online

Thank You Emma Richards emma.richards@ipo.gov.uk @The_IPO