Practical Tips for Protecting Your Intellectual Property
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Practical Tips for Protecting Your Intellectual Property
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Practical Tips for Protecting Your Intellectual Property
- 1. Practical Tips for Protecting Your Intellectual Property Robert Games and Freddie Noble
- 2. Who we are and where we come from… Engineers Chartered Patent Attorneys European Patent Attorneys Trade Mark Attorneys Regulated Lawyers
- 3. TIP: IP is important to you! • IP is relevant to everyone, but what does it mean to you? • Do you have a trading brand, a house mark? • Do you have sub brands? Product names? • Do you operate internationally? • Do you make things? • Do you develop new things? • Are you creative? • Do you employ people – do they create things for the company? • Do you know where they’re getting their ideas?
- 4. Spot the IP!
- 8. Types of Intellectual Property • Patents • Registered Trade Marks • Registered Designs • Copyright • Unregistered Designs • Passing off right • Trade secrets • Database right • Semiconductor topography right • Personality rights • Rights in performances • Artist’s resale right • Plant breeder’s rights • Publication right • Public lending right
- 9. Patents • Protect technical inventions
- 10. Patents – critical requirements • Patentable subject matter • Novelty • Inventive Step
- 11. TIP: Searching can be fun and free • Search yourself – it’s free • Espacenet, Library, Google, Trade magazines (keep hold of them!) • Competitors • Patent databases • Look at their websites • Talk to your staff • Commercial search packages are available
- 12. TIP: Grow the value of your business with patents • Patents protect your innovation and deter copying • Patents are valued by investors • Patent Box tax relief reduces your tax bill • Use an attorney and do it properly. Put everything in! • Patents can be kept confidential for 18 months after filing
- 13. What is a Trade Mark? • A badge of origin • An indicator of quality • How do you tell one business from another? • How do satisfied customers find you again for repeat business?
- 14. Tip – Choose a distinctive mark • Capable of distinguishing • And not too close to someone else’s! Tip – Register early – you can extend any time
- 15. TIP: You need a trade mark • Allows you to invest confidently in a brand • Protects your reputation • Builds value in your brand • Defends your right to use your name • Tip – Keep your trade marks up-to-date! New product? Expansion overseas? Update your registrations.
- 16. Registered Designs • Protect the appearance of a product • A product can be • Any industrial or handicraft item • Parts of a complex product • Packaging • Get-up • Graphical Symbols • Typographic typefaces
- 17. What can be registered?
- 18. TIP – Register packaging
- 19. TIP –Think inside and outside the box
- 20. TIP – You can register anything!
- 21. TIP – registration is quick and easy Designs must be • New • And have individual character But they are not examined
- 22. TIP – Keep your registrations up-to-date • What’s protected? It’s the same design – what is shown in the drawings • And any design producing a “similar overall impression”
- 23. How close is too close?
- 30. Are your best ideas safe? • Do you have a process for identifying technical inventions? • Are you filing to protect your investment in R&D? • Do you address IP in external supplier contracts? • Are you in control of what you publicly disclose? • Do you use confidentiality agreements (NDAs)?
- 31. Is your brand vulnerable? • Is your trading name a registered trade mark? • Have you recently reviewed your protection? • Do you know if you are free to use your logo? • Everywhere? • How much do you spend on marketing your brand? • Is this an investment or an expense?
- 32. Could you defend your business against copying? • Do you understand your competitors’ IP? • Do your staff understand IP and what they should/should not be doing? • Tip – don’t copy! • Do you have IP insurance? • Do you know how much it would cost? • Could you defend a claim against your company?
- 34. Thank you Talk to us any time, or come and visit 01242 691801 rgames@albright-ip.co.uk fnoble@albright-ip.co.uk We’re running two events in the next two months – sign up at our stand County House, Bayshill Road, Cheltenham GL50 3BA
Notes de l'éditeur
- It is a pleasure to be speaking today at the growing Gloucestershire Conference. My name is Robert Games and I’m a patent attorney, a trademark attorney and the managing director of Albright IP in Cheltenham. I’m joined by my colleague Freddie Noble, who is a patent attorney on our team with a specialism in software patenting. Our talk today is a catchy “Practical tips for protecting your IP” and I hope that we manage to give you some good tips and hold good to the billing, whilst keeping you entertained. I’ve always thought that IP was quite complex, but compared to marketing, it’s a piece of cake. You see, as attorneys, we might be able to protect the cake, the process for making the cake, the shape of the cake, the name of the cake and stop others from eating the cake, but what we can’t tell you is whether the cake look good, does it taste right and would anyone would want to buy it. I’ll stick to IP.
- Rob to introduce Freddie to run competition
- Ask people to CALL OUT. Get them ready. Urgency and pace!
- Rob to operate flip chart Focus on Magnaclean – local business. Big investment in R&D. Patented valve on this one. Later-generation Pro 2 filter has LOTS of protection.
- Trade marks on shirt Copyright in photographs Passing off right – reputation / goodwill – NB Rhianna case Class 3Perfumes, eau de cologne, hand lotions and other lotions (toilet waters), anti-perspirants, deodorants, hair lotions, hair conditioners, and other hair care cosmetics, shaving lotions, hair dyes and other cosmetics; dentifrices.Class 6Keys, keyrings, key chains; badges for attachment to the exterior and/or interior of motor cars; ornaments; figurines; signs; containers; money boxes; all made of common metals and their alloys.Class 9Sunglasses; blank video tapes; pre-recorded video tapes; DVD's; laser-read discs for recording and playing sound and video; blank audio tapes; pre-recorded audio tapes; compact disc players and recorders; computer tapes and discs; photographic film; records; recordings of sound or images; films; film strip apparatus for recording; computer software; computers, computer peripherals, data carriers and computer programmes; video cameras, recorders and players; radio and television apparatus and equipment; tape recorders and players; loudspeakers; microphones; visual display units (VDUs); record players; electrical communication apparatus and instruments; other electronic machines and instruments and their parts and fittings.Class 14Jewellery, precious stones; precious metals and their alloys and goods of precious metals or coated therewith; horological and chronometric instruments; watches; stop-watches and sports stop-watches.Class 16Posters; calendars; photographs; playing cards; magazines, newspapers and newsletters; instruction manuals; greeting cards; notelets; stickers and decalcomanias; paper and card-board; printed matter; periodical publications; instructional and teaching materials (except apparatus); record token cards; gift token cards; stationery; pen and pencil cases.Class 18Articles made of leather or of imitation leather; rucksacks; backpacks; bags, cases; wallets; purses; keyholders; keyfobs; luggage; umbrellas and parasols; badges.Class 25Articles of clothing; footwear; headgear; football shirts, football boots, socks and shorts.Class 28Toys; dolls; games; playthings; sporting articles; articles for use in the training for, and playing of, football; footballs; shin pads; goalkeepers gloves.
- Lamborghini – Patents, Designs, Trade Marks. Albright IP – RTM, and lots of goodwill in Rob’s image Freddie took the photograph, though it was probably in the course of his employment with Albright IP
- COUPLE OF SENTENCES on each one Freddie – Patents – Remember the Magnaclean filter Rob – TMs – e.g. “Magnaclean”, “Adey”, “Vaillant”, “Albright IP” and of course “David Beckham” Freddie – Reg Designs – Trunki, Lamborghini Rob – Copyright – Photographs ***STOP HERE FOR SHORTER VERISON*** Freddie - Unreg designs – Back to the Trunki, they won on unregistered designs Rob – Passing off – David Beckham certainly will have lots of it. Rihanna v Topshop Freddie - run down list Run into next slide – Rob to talk about Patents
- Longley cup carrier – at Gloucester Rugby Martin Warren motorcycle cooling inserts Adey filter – made for Worcester Bosch Fast charging electric bus – mechanical charging arrangement to ensure good contact even if parked “inaccurately”
- Novelty – MUST FILE BEFORE DISCLOSURE
- How much does it cost? We do a fixed-fee deal of £2650 + VAT to draft and file a British patent application.
- Remember, “How to choose your trade mark” comes later (from OHIM) In practice it means... • Your trade mark is the symbol your customers use to pick you out. • Your trade mark distinguishes you from your competitors. • You can protect and build upon your trade mark if you register
- This is where you talk about SEARCHING Costs – as little as £585 + VAT for a UK registration £1350 + VAT for a EU registered trade mark
- PROTECT – stop competitors copying you / riding on your coattails DEFEND – Own trade mark defence – your registration gives you a right to use the name / logo
- 'The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation'. ‘product’ means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs;
- Alternate these
- Packaging Should certainly do RTM as well for the trademarky elements
- Biscuit
- Masterman’s application… Registered on appeal despite the Registrar’s policy of refusing designs which showed genitalia. There is a 20 page report of the case to the Registered Designs Appeal Tribunal. This was in 1991. “The applicant filed a statutory declaration in which she described how she came to make the design which depicts a hairy doll. The idea came from an occurrence at a wedding. By accident a wedding photograph showed that a person attending the wedding did not wear any underwear beneath his kilt. The married couple wanted a male doll to commemorate this occurrence and she made a doll for them…” “There is also evidence of a humorous book, showing male genitalia, which is freely on sale, and evidence that male genitalia have been depicted by sculptors and artists over many years.” FUN FACT… 1991… this is a full 30 years after R v Penguin Books Ltd. (1961), Lady Chatterley’s Lover found not to be contrary to the Obscene Publications Act.
- Apple’s RCD 000181607-0001 Because this case (and parallel cases in other countries) has generated much publicity, it will avoid confusion to say what this case is about and not about. It is not about whether Samsung copied Apple's iPad. Infringement of a registered design does not involve any question of whether there was copying: the issue is simply whether the accused design is too close to the registered design according to the tests laid down in the law. Whether or not Apple could have sued in England and Wales for copying is utterly irrelevant to this case. If they could, they did not. Likewise there is no issue about infringement of any patent for an invention So this case is all about, and only about, Apple's registered design and the Samsung products. The registered design is not the same as the design of the iPad. It is quite a lot different. For instance the iPad is a lot thinner, and has noticeably different curves on its sides. There may be other differences - even though I own one, I have not made a detailed comparison. Whether the iPad would fall within the scope of protection of the registered design is completely irrelevant. We are not deciding that one way or the other. This case must be decided as if the iPad never existed.
- OVERALL IMPRESSION DIFFERENT. The Registered Design on the left was found to be valid over the prior art on the right. (La Hacienda Limited v Gardeco Limited UKIPO Decision O-456-12)
- OVERALL IMPRESSION SIMILAR. The Registered Design on the left was found to be invalidated by the prior art product on the right. (Saunders Displays (UK) Ltd v Belinda Singh – UK IPO Decision O-351-11)
- OVERALL IMPRESSION SIMILAR. The product on the right was found to infringe the Registered Design on the left. (Louver-Lite Limited v Harris Parts Limited [2012] EWPCC 53)
- OVERALL IMPRESSION DIFFERENT. The Registered Design on the left was found to be valid over the prior art product on the right. (Louver-Lite Limited v Harris Parts Limited [2012] EWPCC 53)
- High Court – SIMILAR Court of Appeal – Trial Judge erred, DIFFERENT Supreme Court – Didn’t overturn Court of Appeal
- Rob has some questions for you
- ALWAYS FILE BEFORE DISCLOSURE – it appears and flashes Do you RELY on confidentiality agreements? Be careful!
- Have you rebranded? Have you expanded your services? Have you started exporting to the US? Are you planning to? NB it’s more crowded there Searching – We do a “worldwide International Search” called a WISS – targeted – reasonably priced