Nick Kounoupias CEO and Founder Kounoupias IP IP Training Nick Kounoupias CEO and Founder Kounoupias IP

Overview What is Intellectual Property?   What is Intellectual Property? What types of Intellectual Property exist? What can you do with your Intellectual Property? Managing your Intellectual Property Understanding, valuing and protecting IP Relevance to Furniture Industry? Questions

What is Intellectual Property? Intellectual Property (IP) is the property in intangible items. The subject matter of IP is very wide and provides property ownership in respect of the fruits of creative effort or commercial reputation and goodwill. Every business has IP- in 30 years of practice as an IP lawyer have yet to come across a business with no IP Every furniture company has loads of IP- as you will soon discover!

What is Intellectual Property? Physical Property: House, car, house contents, clothes, belongings Intellectual Property: Copyrights, Patents, Trade Marks, Designs, Trade secrets

Types of Intellectual Property Can classify IP rights in the following ways Some can be registered with Government bodies, others cannot Some only exist within the UK, or EU, others exist all over the world Some are created through UK or EU legislation others have developed over time through cases

Types of IP Copyright: Every new innovation or technology is protected by copyright almost by default. No registration Books, newspapers, publishing, music, film, computer software, TV, radio, satellite, internet, databases, art, photography. Protection from 50 years to life of author plus 70 years delivering absolute monopoly for three generations.

Types of IP Works of artistic craftsmanship (very rare) Drawings and design documents (very common) Anything in 3D is protected by designs law

Types of IP Patents: Confers registered protection on any new inventions or process Confers on patent owner a 20 years monopoly in return for disclosing how have done it Need to show your invention or process is new (never done or disclosed before), contains an inventive step and is capable of industrial applicability Pharma, computers, mobiles, technology, chemistry

Types of IP Designs: Anything in three dimensions that is new, has not been copied and has individual character can be protected as a design. Designs can be registered. Can be registered in either UK or EU or not (registered designs) but if not arise automatically anyway (registered designs). Confers absolute monopoly for between 3 and 25 years depending on precise use.

Designs Four different types of design protection in UK! UK registered designs EU registered designs EU unregistered designs UK Unregistered designs The first three all are based on the same test. The fourth is completely different.

Designs Designs: UK Registered Designs EU Registered Designs EU Unregistered Designs These both protect the aesthetics of a design, that is to say the appearance of the whole or part of a product resulting from features of , in particular, the lines, contours, shape, texture, material of the product or its ornamentation

Designs UK Unregistered Design Protects functional issues and any aspect of the original shape or configuration (whether internal or external) of the whole or part of an article. These are an oddity and arose because of a loophole in UK copyright law.

Designs Are these monopoly rights? The two registered rights and EU UDR are monopoly rights an protects even against use of third party designs created entirely independently. UK UDR only protects against direct copying

Designs Length of protection UK registered designs / EU registered designs Max of 25 years EU unregistered design right Max of 3 years UK unregistered design right 10-15 years

Types of IP Registered Trade marks: Protects names, logos, slogans, shapes, smells. Best trade marks are invented names Eg: KODAK, NIKE, ADIDAS, COCA COLA, If registered confers permanent monopoly as can keep renewing the trade mark. Can register just about anywhere in the world. EU registered marks especially useful.

Types of IP Unregistered Trade Marks If do not register need to rely on common law passing off laws, which are unsatisfactory For passing off need to show goodwill in name /logo, a misrepresentation made by someone else that causes confusion, and actual or potential damage. Very hard to show in UK. Think supermarket own brands.

Types of IP Trade Secrets and Law of Confidence: Protects secrets- personal, commercial, industrial Often enforced by organisations against employees by including contractual terms to protect their secrets Protection lasts as long as the basic information remains secret but survives end of an employment contract

Dealings in IP IP = PROPERTY...so can do exactly the same with it as you can with physical property although the terminology is different House: Buy / sell / let / rent –freeholder / landlord / tenant IP: Purchase /assign / novate / transfer / license / licensor / licensee / rights owner / user Can leave in a will

Dealings in IP As it is property IP can be used as security or collateral in same way as with real property Mortgage Fixed and floating charges Value of IP against which security is taken

Dealings in IP IP has a value that can be recognised in balance sheets Registered rights worth considerably more than unregistered rights Extensive (or perpetual) duration worth more than limited rights

Managing IP IP issues tend to be left in the hands of people with little experience of knowledge of IP. Organisations need help and guidance in understanding, valuing and protecting their IP. Need to identify, schedule and strategize use of IP IP health-checks and audits IP valuations Consider whether should register IP Consider transfer pricing to minimise tax Employment contracts review

Over to you What IP issues arise in the furniture industry??

QUESTIONS? NICK KOUNOUPIAS CEO and Founder KOUNOUPIAS IP LIMITED Nick@kounoupiasip.com 0207 917 6217