IP Flashcards
1
Q
Types of IP
A
-
Patents
- New Inventions
- Applied for
-
Copyright
- Original creative/artistic forms
- Automatical
- Trade Marks
- Distinctive ID of products/services
- Must be registered
-
Registered Designs
- External appearance
- Registered
-
Trade Secrets
- Valuable info not known to public
2
Q
IP Ownership
A
- Employers generally own IP generated by employees whilst employed
- Commissioned works - must make sure ownership is defined in contract ortherwise contractor usually owns it
3
Q
What is a trade mark?
A
- A trade mark is any sign, capable of being represented graphically, which distinguishes the goods and services of one undertaking (company or organisation) from those of another
- Many different types:
- word, logos, slogans, colours, shapes
- Smells and sounds are unlikely to succeed
4
Q
Requirements for registering trade mark
A
- Need to provide graphical representation
- Absolute grounds for refusal
- Distinctiveness
- Relative grounds for refusal
- When peaceful co-existence of marks is impossible
- Shouldn’t be descriptive
- Shouldn’t be offensive or contrary to principles of morality
5
Q
Routes for registration of trade marks
A
- National
- International
- EU
- Community Trade Mark
- Registered marks shown by ®
- Unregistered marks shown by TM
6
Q
Scope of protection of trademarks
A
- Exclusive right, but
- principle of speciality (trade mark limited to specific goods servies)
- principle of territoriality (protection only in territory where registered)
- Potentially perpetual (renewal every ten years)
- Risk losing protection if:
- not used after five years
- found to be invalid
7
Q
Copyright
A
- Copyright protects the form of expressing ideas but not the ideas themselves.
- The purpose is to reward authors for the creation of original work.
- Gives copyright holder the right to prevent others using their work.
- Protection usually lasts for 50 or 70 years from the end of the calendar year of the death of the last author.
- In the UK, Copyright is governed by the Copyright, Designs and Patent Act 1988.
- *
8
Q
What is a patent?
A
- Protects technical effects and technical solutions to problems
- A patent is a “negative right”
- Gives you the right to STOP others doing what you have claimed in your patent
- Rights are given in exchange for full disclosure of the invention
- Patents expire 20 years after filing date
•
9
Q
What can be patented in Europe?
A
- Inventions that are…
- new to the world (no previous public notice)
- inventive (i.e. not an “obvious” solution)
- Capable of industrial application
- NOT:
- Mere ideas not reduced to practice
- Software as such
- Business methods
- Medical therapies, plant varieties, etc.
10
Q
What Can You Patent?
A
- New or improved;
- Product
- Process
- Method
- New use of something already known
- Dyson vacuum cleaner, industrial process applied to domestic appliance
- The application of a discovery, theory or mathematical model
11
Q
What is NOT patentable?
A
- •Discovery
- •Scientific Theory
- •Mathematical method
- •Literary dramatic or musical work
- •Rules for playing a game
- •Computer program / software as such
- •Presentation of information
- •Inventions which will encourage offensive, immoral or
- anti-social behaviour
- •Plant or animal varieties
12
Q
Where to apply for a patent
A
- •National patent offices
- National patent valid only in the country where it is granted
- European Patent Office
- A European patent is equivalent to national patents in the countries where it is granted (the applicant chooses the countries)
- Via the Patent Cooperation Treaty
- Just one application for up to 141 countries
- Costs can be delayed until 30-31 months after filing
- There is no international/worldwide patent
13
Q
Infringement of patent
A
- In most countries infringement is a civil matter and the patentee must take steps to enforce his rights in the courts
- Infringement includes:
- Using patented product or process without permission;
- Making, offering, putting on the market, importing or stocking the product;
- Making, offering, putting on the market, importing or stocking a product directly obtained from a protected process.
- •Infringement not easy to prove
14
Q
Remedies of patent infringement
A
- An injunction
- Damages (or an account of profits)
- Delivery up or destruction of infringing goods
- A declaration of validity
- Costs
15
Q
Things to avoid when filing for patent
A
- No publication prior to filing
- e.g. no article, press release, conference presentation/poster/proceedings or blog entry
- No sale of products incorporating the invention prior to filing
- No lecture or presentation prior to filing
- except under a non-disclosure agreement (NDA)
- Seek professional advice soon!
- File before others do!
16
Q
What is a design?
A
- A design is the outward appearance of the whole or parts of a product resulting from its features.
- Features = lines, curves, shapes, textures, contours, materials, orientation etc
- Requirements for protection
- Novelty
- Individual character
- Some exclusions
17
Q
Protection from design right
A
- Exclusive right
- Principle of territoriality
- Duration
- registered design rights: maximum 25 years
- unregistered design rights: 3 years
- Some uses are permitted
- private acts for non-commercial purposes
- academic citations
- must-match exemption
18
Q
Trade secrets
A
- Information that
- is not generally known or easily discovered
- has a business, commercial or economic value (actual or potential) because the information is not generally known
- is subject to reasonable efforts to maintain secrecy
- Unlimited life, provided the information does not become public knowledge.
19
Q
What does copyright cover?
A
- Dramatic, literary and musical works.
- Artistic works (including architectural, engineering and design drawings).
- Films and broadcasting;
- Computer software
- The work must be original.
- The work must exist in some form.
- The author is usually the copyright owner.
- For employees the employer is usually the owner.
- For commissioned works the contractor owns the copyright unless the contract provides otherwise.
.
