1. An Introduction to Intellectual Property Gary Townley Business Outreach & Education

2. Doug Ealey Kate Symonswww.dyoung.com 3. Business investment has changed billion - in UK as elsewhere IP Fixed Capital Source EU COINVEST and Haskel et al 4. Intellectual Property OfficePremier foods has sold its 200 year old Branstonbrand to Japanese company Mizkan for 93 MillionThe sale includes its factory in Bury St Edmunds, Suffolk 5. IP Baseline Survey 96% of UK businesses do not know the value of theirIntellectual Property RightsOnly 11% of UK businesses know that disclosure of aninvention before filing will invalidate a patent74% of UK businesses could not correctly identify the owner of copyright when using a subcontractorOnly 4% of UK businesses have an Intellectual Property policy 6. PatentsPlant Trade VarietiesmarksTrade marks Trade IntellectualPropertyRegisteredSecretsdesignsConfidentiality Copyright 7. What is a Trade Mark? A Badge of Origin A brand or make, e.g. ReebokTo qualify for registration A sign must be capable of beingrepresented graphically A sign must be capable ofdistinguishing the goods or servicesof one undertaking from another 8. What can be registered?Name LogoDomain nameSloganColour theme Shape themeMusicSmell 9. True or FalseYou cannot register a dictionary word Changing the spelling makes it differentYou have to use a trade mark to register itI have registered at Companies House so I own the trade mark 10. Be careful with Geographical names Laudatory terminology Restrictive names 11. Be InventiveBlaupunkt originally called ideal a blue dot was attached if the headphones came through the quality test.LEGO Danish leg godt play well ( coincidentally I learn in Latin)Amstrad Sir Alan Michael Sugar tradingHasbro - Henry & Helal Hassenfeld Hassenfield BrothersMercedes the first name of salesman Emil Jellineks daughter 12. Clearance searchesWhy? Avoid expensive mistakesAwareness of competing marksEarly resolution of potential problems 13. Costs & Filing Strategies UK National FilingFees: Application fees: 200 In one ClassAdditional Classes 50 each (up to 45 Classes) Timeline: Examination within 2 months of filing Registration (unopposed) in 5 months 14. Costs & Filing StrategiesCTM EU wideFees:Application fees: 1050 In 1 to 3 Classes Timeline: Examination and registrationin approximately 6 months 15. Costs & Filing StrategiesInternational RegistrationsMadrid ProtocolCosts vary depending on states chosen Timeline:Up to 18 months for Examination 16. Duration, renewal and use Valid for 10 years from the filing date Renewable every 10 years 5 years grace period of non-use Use it or risk losing it! 17. PatentsPlant Trade VarietiesmarksRegistered IntellectualProperty designs TradeSecretsRegistered designsConfidentiality Copyright 18. Registered DesignsAppearance of whole or part of productProtects shape or configuration (3-D)and/or pattern or ornamentation (2-D)No protection when form is dictatedby function (ie: no design freedom) 19. True or FalseIf I make 6 changes its a new designI cant sell some of the designs before registeringMy UK design protects me in EuropeIf I dont register I have no protection 20. Registered DesignsDesign Registration No 3001664 21. Multiple Applications 60 for first design(40 application + 20 publication) 40 for subsequent designs(20 application + 20 publicationRenewal fees every 5 years Maximum term 25 years 22. Registration OverseasParis Convention 6 MonthsOHIM - Community Design 23. PatentsPlant Trade Varietiesmarks TradeSecretsPatentsIntellectualPropertyRegistered designsConfidentiality Copyright 24. What is a Patent ?A Bargain Exclusive Rights20 yearsState InventorFees Technical Description 25. Criteria for patentabilityPatents are for technological innovation, though the Patents Act 1977 fails to define the word invention Inventions must be new - not knownanywhere in the world prior to the filing dateInventions must have an inventive step - not obvious, a simple adaptation or combinationInventions must be industrially applicable and have a technical effect 26. Claims Claim 1 A novelty candy holding device in combination with a candy confection which comprises: a housing, an electrical source in said housing, an electric motor in said housing, a switch means for controlling current to said electric motor, and means to receive and rotate one end of a stick upon which a piece of candy is attached while the piece of candy is rotated by means of the electric motor. 27. Claims Claim 1 Candy product of the type commonly called a lollipop, comprising a stick (2) with one end embedded in a ball (3) of candy, characterised in that said body (3) has a totally convex shape with a smooth outer surface. 28. True or FalseThe IPO test to see if the invention worksI havent seen one so it must be newI can patent an invention in the UK that I have seen overseasBy patenting my idea it will be kept secret 29. Exclusions(a) a discovery, scientific theory or mathematical method;(b) a literary, dramatic, musical or artistic work or anyother aesthetic creation whatsoever;(c) a scheme, rule or method for performinga mental act, playing a game or doing business, or aprogram for a computer;(d) the presentation of information;as such 30. Patent feesApplication fee 30 or 20 (Electronic filing)Search Fee - 150 or 130 (Electronic filing)Examination fee - 100 or 80 (Electronic filing)Renewals5th Year - 70 10th Year - 170 20th Year - 600 31. Obtaining Patent Protection AbroadSeparate national filings Patent Co-operation Treaty (PCT)European Patent Convention(EPC) 32. Working with othersPrior use or disclosure will invalidate a patentapplication - use Confidentiality AgreementsAgree in writing who will own any I.P. arisingfrom the collaboration before commercialisation 33. PatentsPlant Trade Varietiesmarks Copyright TradeSecrets IntellectualPropertyRegistered designsConfidentiality Copyright 34. What Copyright protectsBooks, technical reports, manuals, databasesEngineering, technical or architectural plans Paintings, sculptures, photographs Music, songs, plays, dramatic worksPromotional literature, advertising Films, videos, cable or radio broadcasts Computer software 35. True or False If it doesnt have a copyright notice, its not protectedI can copy 10% without it being an infringement If I acknowledge the original work, I can use itI have bought the book/painting/photograph so I can useit as I wish 36. Who owns Copyright? Usually the first creator or author...or their employer if produced in theordinary course of their employment However, a contractor will retain ownershipunless their contract is explicit to the contraryEven if the creator sells their rights, they havemoral rights over how their work is used 37. Baker Street Estimated 80,000 per year in royalties since 1978 Copyright expires 31 Dec 2081 Saxaphone riff played by Bob Holness Raphael Ravenscroft One off fee 27 38. Primary Infringement Any of the following without the consent of the rights ownerCopying / ReproducingAdaptationDistributing Issuing or renting Public performance Broadcasting IGNORANCE IS NO DEFENCE 39. Secondary Infringement Any of the following without the consent of the rights ownerSellingImportingPossession for business purposesFacilitating primary infringement Only guilty if done knowingly, or if you ought to have known 40. Defences- permitted actsThe following are allowable even when theytechnically breach Copyright: Fair Dealing Private study ResearchNews reporting Public InterestCriticism / reviews Some official reportsEducation, libraries Video/DVD time-shifting 41. Bringing it all together Registered Trade MarkTM unregisteredRegistered DesignCopyright: labels & artworkPatents: several dozen! 42. R & D Tax CreditsDesigned to encourage greater R&D spending, leading in turnto greater investment in innovation.Two schemes for claiming relief The Small or Mediumsized Enterprise (SME) Scheme The Large Company Scheme http://www.hmrc.gov.uk/ct/forms-rates/claims/randd.htmThe value of relief claimed for 2010/12 was 1.1bn (340m in SME claims, 750m in large company relief claims).http://www.hmrc.gov.uk/stats/corporate_tax/rd-introduction.pdf 43. Patent BoxReduction in corporation tax to 10% In Stages from April 2013Must hold a Qualifying Patent (IPO, EPO) or licencePatent must be granted (can be back dated up to 6 years)Development conditionActive Ownership condition Royalties from sale or licensingProceeds from sale of goodsDamages from infringement actions 44. www.ipo.gov.uk - 0300 300 2000 45. www.dyoung.com - 023 8071 9500 46. Thank You Doug Ealey dre@dyoung.co.ukKate Symons kes@dyoung.co.uk