HOW & WHERE TO PROTECT YOUR INTELLECTUAL PROPERTY

Presented by Yahaya Maikori

AGENDAWhat is intellectual Property ?

Why should I care

Types of IP protection

Case study

WHAT IS IP?“IP is a group of legal rights that provides protection

over things that people create or invent “.

WHY SHOULD YOU(OR I ) CARE

IP can attract investmentsDeter others from stealing our ideasDeter other from entering the market defend as the patent portfolioDefend against other patent portfoliosLicense or trade with otherProvide alternative source of income

TYPES OF IP & HOW TO PROTECT THEM (OTHERS)

Company registration Domain name Social Media Account - Twitter, linked etc

***UDRPs (Uniform Domain Name Dispute Resolution Policy)

TRADE SECRETS Have economic value because it is not known to your competitors, it includes know how, database, contact list, trade secrets,recipes it is confidential in nature and the owner has made effort to protect it .

Formula for Coca-Cola (Coke™)Decided not to patent to keep secret FOREVER…KFC’s secret recipeOnly 3 executives have access to the recipe

Anti engineering clausesThey supplement both the copyright and patent laws and in case where ideas have not developed sufficiently to Protects know how, database, contact list, trade secrets its built entirely on vase law and the info must be of a confidential nature and the owner has

made eeforst ot protect it   

TRADE SECRETS CONT’D Relatively low cost to gain protection

Some consider it practically free Must take precautions to maintain secrecy

Protection lasts as long as the secret remains a secret protects information/knowledge that can be kept “relatively

secret” Commercial Benefits

Can provide critical barriers to entry Enforcement…

Enforcement complicated by variation in State law

TRADE SECRET CONT’D Keep your mouth shutConfidentiality agreement Non competeNon disclosure agreement Anti reverse engineering clauses

COPYRIGHT Art, Writing, Music, Movies, software etc…Any “work”

reduced to a tangible medium of expressionHow ? ensure your work is properly marked - Word’ or ‘symbol” i.e “All rights reserved "or “© - copyright notice - name of publisher - year of publisher

COPYRIGHT CONT’DRegister your work Keep a register of supporting documents i.e drafts,

sketches etchave agreements between co authors - Termination - royalty sharing formula join a copyright collecting society

COPYRIGHT CONT’D

Online Technology that helps protect the cpi.e encoded watermarks

send a billcease and desist/ take down noticeNotify infringers hosting services i.e domian tools or

whosehire an attorney

TRADEMARK “Any word, name, symbol, or device or any combination

thereof used by a person or which a person has a bona fide intention to use in commerce and is capable of distinguishing his enterprise from another ”

TRADEMARK CONT’D Symbols

® - used to indicate a Registered Trademark ™ - used to brand a product ℠ - used to brand a service

Examples Google® Coke®

Color Brown (UPS)

HOW Trademark office Madrid system

PATENT

Classes of Patents

Machine or apparatus for the performance of a task

Process

Manufacture( any fabrication and fabricated product )

Or the composition of matter (any chemical or compound mixture)

PATENT CONT’D Selecting what to Patent?

Business Value: What is the likely value of the technology? Will exclusivity provide a competitive advantage? Does the technology align with your commercial products?

Legal Strength: What is the novelty over prior art? Business Methods?

Exclusivity: Will competitors have viable design-around options? Can infringement be detected?

PATENT CONT’D What is the standard for getting a patent?

New Useful Non-obvious

What do you get if you meet the standard? Not a right to use the invention Right to exclude others from the invention for a limited time

What do you give up by getting a patent? You have to teach others how to make and use the invention

What do you risk by not patenting your invention? i.e., trying to keep it a trade secret Someone else can patent it and exclude you from using it.

PATENT CONT’D Patent Strategy - Benefits from Patents

Monopoly Pricing Increase profit margins through exclusionary power

Extra Income Generate income through licensing activities

Access to Technology Cross-license to access other technologies

Business Asset Can be used to assist in securing funding or obtaining desired exit valuations

Marketing Tool Patent Pending Chilling effect on competition Demonstrated expertise in a particular field

CASE STUDY - APPLEWhat sort of IP did Apple take into consideration in launching the iPad?

APPLE CASE STUDY CONT’D

Control of Peripheral Devices Technology

Data Processing Technology

Computer Test Technology

Over 7000 patents

APPLE CASE STUDY CONT’DTrade Secrets?

By definition we cannot know the extent of the technology within the iPad protected by Trade Secrets

Likely Candidates: Software

OS, Applications, etc… Processor

A4 chip A new Apple specific design

TRADE SECRETS / CONTRACT

Contracts…(i.e. Confidentiality Agreements) Employment Agreements

Suppliers Hardware fabrication Product Literature Etc…

Partners AT&T

Verizon

APPLE CASE STUDY CONT’DCopyright Protected Material…

SoftwareProduct LiteratureWeb SiteProduct Images IconsUser Interface Design AdvertisementsEtc…

THANK YOU