1. Intellectual Property Overview
@The_IPO
Emma Richards
Business Outreach & Education

2. Intellectual Property Office
Executive Agency within Department of Business, Innovation and Skills (BIS)
950+ staff based in Newport in South Wales, 20 based in Victoria, London
Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR)

3. What is intellectual property?
Patents
Trade
marks
Registered designs
Copyright
Confidentiality
Trade Secrets
Plant Varieties

4. Intellectual Property
Trade marks
Intellectual Property
Patents
Trade
marks
Registered designs
Copyright
Confidentiality
Trade Secrets
Plant Varieties

5. 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”

6. What can be registered? Name Logo Domain name Slogan Colour theme
Shape theme
Non-traditional
Music
Smell

7. No endorsement but…

8. Unacceptable marks We will not accept marks which:
have become customary in your line of trade
describe your goods or services or any characteristics of them
are not distinctive
are offensive
are against the law
are deceptive
Sofa King might get through but once used in phrase it wouldn’t.

9. Domain names Trade Mark registration is not company
name or domain name registration
A domain name may be
registered as a Trade Mark
Incorporating another’s RTM into your domain
name or meta-tag may be an infringement

10. Why infringement searches?
Avoid expensive mistakes
Awareness of competing marks
Early resolution of potential problems

11. Unexpected marks Office of Government Commerce
£14000 to create new logo
“not inappropriate for an organisation that’s looking to have a firm grip on government spend”
OGC Spokesperson

12. UK Applications Fees: Application fees: £170 – Includes one Class
Additional Classes £50 each (up to 45 Classes)
Timeline:
Examination within 2 months of filing
Registration (unopposed) in 5 months

13. Intellectual Property
Patents
Trade
marks
Registered designs
Copyright
Confidentiality
Trade Secrets
Plant Varieties
Registered designs

15. 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)

16. Design Registration No 3001664
Registered Designs
Design Registration No

17. Multiple Applications
£60 for first design
(£40 application + £20 publication)
£40 for subsequent designs
(£20 application + £20 publication
Renewal fees every 5 years
Maximum term 25 years

18. Intellectual Property
Patents
Intellectual Property
Patents
Trade
marks
Registered designs
Copyright
Confidentiality
Trade Secrets
Plant Varieties

20. What is a Patent ? A Bargain Exclusive Rights 20 years State Inventor
Fees
Technical Description

21. 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’

22. Examination fee - £100 or £80 (Electronic filing)
Patent fees
Application fee – £30 or £20 (Electronic filing)
Search Fee - £150 or £130 (Electronic filing)
Examination fee - £100 or £80 (Electronic filing)
Renewals
5th Year - £70
10th Year - £170
20th Year - £600

23. Working with others Prior use or disclosure will invalidate a patent
application - use ‘Confidentiality Agreements’
Agree in writing who will own any I.P. arising
from the collaboration before commercialisation

24. Intellectual Property
Patents
Trade
marks
Registered designs
Copyright
Confidentiality
Trade Secrets
Plant Varieties
Copyright

25. What Copyright protects
Books, technical reports, manuals, databases
Engineering, technical or architectural plans
Paintings, sculptures, photographs
Music, songs, plays, dramatic works
Promotional literature, advertising
Films, videos, cable or radio broadcasts
Computer software

26. How long does Copyright last?
Literary, musical, artistic & dramatic works:
author’s lifetime plus 70 years
Films: 70 years after the death of the last of:
director, composer of any music specifically created
for the film, the author of the screenplay and the scriptwriter
TV & radio broadcasts: 50 years from first broadcast
Sound recordings: 70 years from first publication
Published editions(typographical layout):
25 years from first publication
Uploading a work which is out of copyright to the internet may create new copyright so don't assume it is copyright-free if you want to use it.

27. Who owns Copyright? Usually the first creator or author...
…or their employer if produced in the
ordinary course of their employment
However, a contractor will retain ownership
unless their contract is explicit to the contrary
Even if the creator sells their rights, they have
‘moral rights’ over how their work is used

28. Ownership of copyright
"only human creations are protected, which can also include those for which the person employs a technical aid, such as a camera."
Important that author "leaves his mark"
ECJ: Advocate General

29. ‘Exceptions’- permitted acts
There are a number of limited exceptions to
copyright, which allow works to be used without
the permission of the copyright owner. Exceptions
exist for the following purposes:
Research
Private study
News reporting
Some official reports
Criticism / reviews
‘Time-shifting’ of broadcasts
Education, libraries
Visual impairment
Incidental inclusion

30. Top Dead Earners 2014 1. Michael Jackson - $140m
2. Elvis Presley - $55m
3. Charles Shultz - $40m
4. Elizabeth Taylor - $25m
5. Bob Marley - $20m
6. Marilyn Monroe - $17m
7. John Lennon - $12m
8. Albert Einstein - $11m
9. Theodor Geisel - $9m
10. Bruce Lee - $9m
Source Forbes.com

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

34. IP toolkit for University students
Helps University students and academics understand IP
Helps universities and businesses to work together
Correspondence

35. Free online training and advice tool
4 short Interactive Modules
IPO certification on completion
Compliments the IP Equip tool
Available free on Android and Apple Smartphone's
Free and confidential online diagnosis tool
Help your business grow through Licensing, exploiting & Franchising your IP
2 New booklets
The business owners guide to understanding your IP
Do I need a patent?
Accredited interactive course with in depth training on IP
Available in person and online

36. Thank You Emma Richards emma.richards@ipo.gov.uk
@The_IPO