1. 1 Intellectual Property Rights David Worrall – Legal Department

2. 2 Why am I here? To give a brief overview; The area of IPR is regarded by many as a ‘minefield’ as it is complicated and often contentious; Not many people know very much about IPR; Two key messages: –Be able to recognise an IPR issue; –Start to identify processes for facilitation IPR exploitation.

3. 3 What is IP? “Intellectual property (IP) is intangible. IP Rights allow you to own things you create in a similar way to owning physical property. You can control the use of your IP, and use it to gain reward. This encourages further innovation and creativity.” http:// www.ipo.gov.uk

4. 4 Main IP Categories PatentsTrademarks CopyrightDatabase Rights DesignsKnow How

5. 5 Patents “A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. It gives the owner the right to prevent others from making, using, importing or selling the invention without permission.” Patent rights are granted by the government so are territorial, they cost money and are time limited. To be awarded a patent, your ‘thing’ must be new, inventive, capable of industrial application. Crucially, it must not be in the public domain!

6. 6 How do I obtain a UK Patent? The basic steps are: –File –Search –Publication –Grant The process is strict, lengthy and complicated. Specialists are usually employed to assist (at a cost).

7. 7 Copyright “Copyright protects creative or artistic works. You should only copy or use a copyrighted work with the copyright owner's permission.” eg. Written wordsDiagrams Art Charts Film broadcasts Computer source codes Performances Music Sound recordings Arises automatically and lasts for set period of time; Applies to any medium; Doesn’t have to be novel; Can’t protect names or ideas.

8. 8 Designs “Design protection covers the outward appearance of your product, including decoration, lines, contours, colours, shape, texture and materials. If you have a new shape or pattern for a product, you may be able to protect it as a design.” Types…?

9. 9 Design Protection Registered design rights applies to the appearance or part of a product - gives you the right to stop anyone copying or using your design in the UK for up to 25 years. Unregistered design rights are free, automatic rights that you get when you create an original design - gives you the right to stop anyone copying your design for up to 15 years. Copyright applies if your design is artistic and you do not intend to mass produce it, you will receive automatic copyright protection against illegal copying. Copyright also protects any drawings or plans of your design.

10. 10 Trade Marks “A trade mark protects any sign or symbol that allows your customers to tell you apart...[can be] a name, logo, slogan, domain name, shape, colour or sound.” To successfully apply for a Trade Mark the mark must be distinctive (for the goods and services you provide) and not deceptive, or contrary to law or morality. Protection from infringement is better if TM is registered Renew registered TMs every 10 years

11. 11 Database Rights New right introduced in 1996 – previously database rights were covered by copyright law. Protects collections of works or data. Right lasts for 15 years, but can be extended if the database is updated. Prevents copying of substantial parts of a database (including frequent extraction of insubstantial parts). Protection is of the information itself. Created automatically and does not have to be registered.

12. 12 Know How “Know-how is a particular kind of technological information that enables the possessor to accomplish a given task. This factual knowledge cannot always be precisely defined.” Secret, technical information which is valuable and identifiable. Valuable but intangible business asset. Similar to a ‘trade secret’ or ‘confidential knowledge’.

13. 13 Why should you be interested? Ownership IPR generated by UG students is owned by the student; IPR generated by PG students is owned by the university; IPR generated by staff is owned by the university if created in the normal course of ones duties. In all cases: unless the IPR is expressly licensed or assigned to another party.

14. 14 Why should you be interested? Protection By the means described above, depending on the nature of the IPR!; Most importantly by having an awareness of IPR issues. Legal department may be able to advise as to how best to protect IP.

15. 15 Why should you be interested? Exploitation / Commercialisation BDM role; May require expert advice; How? –Licensing; –Assigning/selling; –Spin out company/MMU Enterprises; –Other? Any commercial exploitation must be subject to written legal agreements. Legal department will advise.

16. 16 Golden rules 1.Familiarise yourself with Guidelines; 2.Think about where IP may arise and spot it; 3.If you think you have discovered IP that should be protected or exploited, encourage its Disclosure; 4.Contact us before you ‘do’ anything with the IP.

17. 17 Questions?