Business benefits and advantages of protecting intellectual property Attorney at Law Natalija Popovic, POPOVIC, POPOVIC & PARTNERS

Purpose of this short presentation-outline What does intellectual property mean Patents Designs Trademarks Conclusion and Discussion points Q & A

Intellectual property What is IP? What IP rights are relevant for most businesses? Why is it important? What are the challenges usually met in practice?

Patents What is a patent? Invention= New + inventive+ susceptible of industrial application. Legislation: Law on Patents (national legislation) and European Patent Convention (international legislation) New solution to an existing technical problem. Invention may be: a product, a process, an application of the product, and an application of the procedure. Lasts for 20 years from the filing date. (in certain cases can be prolonged for an additional 5 years- Supplementary patent certificate)

Patents Benefits: Exclusive rights of use- cutting edge technology Various licensing possibilities- can differentiate production distribution with various partners Usually very interesting for bigger investors Possibility to get funding through various EU projects

Patents Downsides: Registration and protection procedure-slow an relatively expensive (depending on the scope of territorial protection) After the patent application is published it is known worldwide (if the patent is not granted; or in the countries where the protection was not requested; the invention can be used)

Patents conclusion Know well the market, goal range, target group of the consumers. Exclusive protection of an invention for period of 20 years (licensing, sales, further research and development) Different ways to get a patent- national, EU, and PCT route. Alternatives to patent protection- individual NDA’s with interested party (secrecy, inter partes effect)- Law on protection of business secret.

Industrial Design Protection of the appearance of an industrial or handicrafts product. Design consists in particular from lines, contours, colours, shape, texture and/or materials from which the product is made, or which it is decorated, and its combination Legislation: Law on legal protection of an industrial design (national) and Hague Agreement A 3D or 2D look of an product, or its part, determined by its visual characteristics.

Industrial Design Protection is granted for 25 years from filing date New and individual character Grant procedure lasts for a longer period of time, substantial examination by the National IP office Required detailed description and visual representation of all sides and points of view

Industrial designs and petty patens Know what you have: patens=functionality, designs=visual appearance Sometimes new products can also have an inventive step-making a difference between designs and petty patents. Making a strategy-what do I need, what are the costs, who are my consumers, market goals etc.

Trademarks What is a trademark: sign used in the course of trade to distinguish goods and/or services of one person from identical or similar goods and/or services of another person. Relevant legislation: Serbian Law on Trademarks (national) and Paris Convention, Madrid Arrangement and Madrid protocol. Protection lasts 10 years can be prolonged indefinitely

Trademarks-different types Word LEGO Figurative Shape Colour Sound Combination/Device Slogan

Trademarks-practical implication Where do I need my protection? Costs-getting protection and maintenance. Getting my protection in time? What time is the right time to protect a trademark? Customs protection, trade inspection and other benefits of trademarks.

Trademarks-enforcement Competent body- Serbian Intellectual property office. Commercial Court has a lot of practice- relatively fast and experienced in decision making. Infringement relatively easy to prove, whereas calculating damages can be more complicated.

Trademarks-conclusion Benefits- Relatively fast procedures and protection for all kinds of goods and services Take home points

IP in business- Conclusion Evaluation issues-what does IP gives to your business, and what you must pay for your IP. NDA-planning for the future today. IP strategy before embarking on the official procedure- making an extensive research of existing technology and/or designs. Defining what do you want and need from various types of IP protection.

Thank you for your attention! Contact: Popović, Popović & Partners Takovska 19, 11000 Beograd Tel.+381 11 3239 442 Fax. +381 11 3242646 mail: natalija.popovic@ppsp.rs