Introduction to Intellectual Property by Britta Fromow

Patents - inventions Trade marks - reputation via origin Designs - appearance Copyright - expression of ideas Confidentiality - secrecy Know how - knowledge Main forms of Intellectual Property

Why is IP important? Protecting your competitive advantage IP generates revenue Credibility with investors and distributors – why should people invest in you? Clear ownership boundaries

Confidentiality Product Development Brand Advertising Patent Trade Mark Registration Registered Design Passing Off Fair Trading Copyright Fair Trading Freedom to Operate CONCEPT PROTOTYPE MARKET PACKAGE PRODUCT SKETCHES / WRITTEN DESCRIPTIONS MOULDS

Confidential Information Impart information in confidence Enter into confidentiality agreements before disclosure Procedures to maintain confidence – third parties

Patents Must be new and inventive Term 20 years Maintain confidentiality prior to filing Territorial

Trade Marks Words, logos and devices, colours, shapes and smells Each country has own trade mark registration system

Other Examples

Copyright No need to register Acts to prevents copying of a “substantial part” “Substantial part” a qualitative test Protects tangible expression not idea Address issues of ownership Ownership – author, employee, commissioned

Designs Protects appearance not function Gives a monopoly in the design 15 years Must register

Freedom to Operate Patents, registered designs, trade marks –can be infringed, even if your product/brand is your own work Does someone else have IP rights? –Search the IP records –Monitor the marketplace, trade magazines, websites When? –Prior to investment/launch Where? –Every new market Other benefits? –Competitive intelligence

Market Hubco has been sold to United States company Yakima in a multimillion-dollar deal. Hubco's revenues are understood to be in the tens of millions. "We weren't looking to sell it, but the brand and design progress over the last couple of years has made us the most advanced business in the industry technically, and that has huge synergistic value for the acquirer. The purchase price reflected that." The company had developed world-leading technology. "At all levels of usability, for trade and consumer, we'd created a proposition which was significantly ahead of the pack."

Questions? Britta Fromow