“ Intellectual Property What's that got to do with Me ?” This seminar demonstrates how important it it to protect creativity. It looks at what intellectual property is and identifies what it means to D&T students. The seminar covers trade marks, registered design, patents and copyright. Examples from big brand owners show how innovative companies make the best possible use of their intellectual property.

The Importance of IP ‘intellectual property is the oil of the 21st century’ Mark Getty The Economist But what’s it got to do with me? We all use Intellectual Property but we need to identify the different types and how to protect it.

The Importance of IP Protection – through Patents, Trade Marks Registered Designs and Copyright Knowledge - Patents are also a source of technical information and commercial intelligence

Case Study 1 – BBC ‘Pop Idol’ The name, Pop Idol, the logo, the set, the theme music, even the running order of the show are all protected under intellectual property laws Original, pioneering format produced compulsive viewing. Incredibly popular in both the first and second series

Richard Branson started by producing a magazine called Student then a mail order discount record company. Now Virgin is a global brand made up of over 200 companies including Virgin Megastores, Virgin Cosmetics, Virgin Atlantic and Radio Free Virgin. Fiercely protective of their “Virgin Red” Case Study 2 - Virgin

Case Study 3 - Adidas Adolf Dasler began making sports shoes in 1920 The famous “three stripes” was registered as a trade mark in 1949 and was the first worldwide logo Adidas now sell over 80 million sports shoes each season They have registered over 700 patents including the ones protecting the a 3 system and its distinctive heel unit

Case Study 4 - Audi Audi is an internationally renowned manufacturer of high quality cars The TT is an innovative and stylish car with absolute attention given to even the smallest design detail The TT’s design is registered so no other company can copy the external appearance of the car Various patents have been granted for special production methods including the spraying of protective film on the vehicle

Trade Marks

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”

A Registered Trade Mark is... The most powerful piece of advertising a company can get

What can be registered? Music Colour Shape Domain name Slogan NameLogo

Slogans as Registered Trade Marks Gillette ®, The Best a Man can Get TM However, Mr Kipling ® since 1984, but Exceedingly Good Cakes ® since 1994

Colours as Registered Trade Marks Green - as applied to leaded petrol at petrol filling stations Yellow - in relation to roadside rescue services Purple - in relation to milk chocolate

Shapes as Registered Trade Marks

Music as Registered Trade Marks TM This piece of music is easily recognised and is used in many different advertisements where an Intel Pentium Processor is incorporated. It is a registered trade mark

How much is a brand worth? Invisible assets which include Trade Marks Coca Cola - 96%$ bn Kellogg’s - 97% $ 18.8 bn BP - 71% $ 53.9 bn Why infringement searches? Avoid expensive mistakes Awareness of competing marks Early resolution of potential problems

Design Registration No Registered Designs Adidas ® predator ® football boots Design Registration No GB

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)

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’

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

Citations v. novelty: “Prior art” Paul Graham USHER Patent No GB A Priority date: 18 March 1982 The BEANO No page 1 28 February 1981

Using Patent Information Use of patent information is totally separate from obtaining & enforcing legal rights through patents Patent information can solve problems and provide new insights Avoid reinventing the wheel: 30% of European R&D is wasted on technology already in patents Enables you to keep track of your competitors

Why Use Patent Information? Huge information source - 45 million patents Unique information - 80% of technological disclosure in patents appears nowhere else Early publication - within 18 months of first filing Free technology - 85% of UK patents not in force

What Copyright protects Books, technical reports, Manuals, Databases Engineering, technical or Architectural Plans Paintings, Sculptures, Photographs, Plays, Music, Songs, Dramatic works, Advertising Promotional literature, Computer software Films, Videos, Cable or Radio broadcasts Copyright is an empowering right which promotes creativity and allows creators to profit from their work

Who owns Copyright? Usually the first creator or author... …or their employer if produced in the ordinary course of their employment Protecting your Copyright Booby-trap your work to prove copying, eg: Maps Mailing-lists Databases Software

An example: Carson Parks – writer of “ Something Stupid ” Written in 1966 for Frank & Nancy Sinatra £180,000 a year in royalties since 1967 £6 Million over the period Covered by over 250 artists 8.5% of each record sale + small fee per radio play In 2001 played over 3 million times Revived once more by Robbie Williams and Nicole Kidman when it was number one again

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

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