Intellectual propertyThomas J. Howardhttps://sites.google.com/site/thomasjameshowardhomepage/thow@mek.dtu.dk

Unless otherwise stated, this material is under a Creative Commons 3.0 Attribution–Share-Alike licence and can be freely modified, used and redistributed but only under the same licence and if including the following statement:

“Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark”

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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How can we protect our businesses from the

competition?

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Intellectual Property Rights

• They give legal recognition to the ownership of new ideas, designs etc.

• They give the owner of IPR the right to stop others exploiting their property

• They create for the originator a system by which they can benefit from their ingenuity

• The IPR can be treated as currency that can be sold or licensed to others provided certain conditions are met

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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The value of IPR

Brand value in 2001 was $14.8 billion

Current patent portfolio valued at $3 billion

Patents

Trade marks

Registered Designs

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Forms of Intellectual Property Rights

Patent,

Registered Design,

Copyright

Trademark

Copyright,

Design right

Unregistered Trademark (passing off)

Nature of the Intellectual Property Right (IPR)

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Creative Commons

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Registered Design• The design must be new and materially different

• It covers appearance resulting from the lines, contours, colours, shape, texture or materials of a product

• Two exceptions are – Must-fit and Must-match

• Three and two dimensional objects are covered

• Duration – renewal every five years but it can be extended to 25 years

• Provides exclusivity, preventing: making, marketing, importing, exporting and use of. US design patent 48,160, Nov. 16 1915

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Unregistered designs

• Comes in automatically• Must be original• If produced by an employee it goes to employer• Lasts 3 years (EU), can last up to 15 years in UK• Owner has exclusive right to produce• Where part of a larger/more complex product, only the parts that are visible during normal use are considered

• No protection over independently produced designs!

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Trade marks

Filing a community trade mark (EU) costs €900:

http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electronic/fileApplicationCTM.en.do

Search for a trade mark here:http://oami.europa.eu/CTMOnline/RequestManager/en_SearchBasic

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- Symbol for a registered trade mark™SM

- Symbol for a unregistered trade mark- Symbol for a unregistered service mark

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Requirements of a Trade mark

• Should satisfy the requirements of the Trade Marks Act 1994–Now includes even sounds, smells and containers

• Should be distinctive–Can’t be a “laudatory” term

• Must not be deceptive• Must not cause confusion with previous trade marks• Initially for 10 years but renewable• Can be revoked

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Examples of Trademarks

• Coca-Cola bottle• Chanel perfume bottle• Bach’s ‘Air on a G-string’• The colour orange for scissor handles• The sound of dog barking• The slogan ‘exceedingly good cakes’

Includes Domain Names Fiskars

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Guinness Trademark

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Marked applesApple Corps vs Apple Computer trademark infringement suit was settled in 1981 at US$80,000. As a condition of the settlement, Apple Computer agreed not to enter the music business, and Apple Corps agreed not to enter the computer business.

In 1991, another settlement involving payment of around US$26.5 million to Apple Corps due to further infringement. Outlined in the settlement was each company’s respective trademark rights to the term “Apple”. Apple Corps held the right to use Apple on any “creative works whose principal content is music”, while Apple Computer held the right to use Apple on “goods or services...used to reproduce, run, play or otherwise deliver such content”, but not on content distributed on physical media. In other words, Apple Computer agreed that it would not package, sell or distribute physical music materials.

http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

Image from sodahead.com

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Copyright

• An inherent right but can be registered• Springs into life when work is created• Belongs to the person creating the work• If the author is an employee it goes to the employer• Ownership can be assigned & licensed• Includes: literary, dramatic, musical & artistic works, films, sound recordings, broadcasts etc.

• Prevents copying, distributing, adapting and reproducing of original without royalty

© - Symbol for copyright

17/04/2008Presentation name14 DTU Mechanical Engineering, Technical University of Denmark

Copyright Timescales

Literary, musical, artistic

& dramatic works

Publishers’ right (layout)

Films, TV, radio & cable

Author lifetime

+ 70 years

Date of 1st broadcast

+ 50 years

Date of publication

+ 25 years

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Copyright issues: Little Mermaid

The statue is still under copyright, and several copies of the statue have provoked legal threats. A replica was installed in Greenville, Michigan in 1994 to celebrate the town's Danish heritage. The statue cost $10,000. In 2009 the town was sued by the Artists Rights Society claiming the work violated Eriken's copyright, and asking for a $3,800 licensing fee. At only 30 inches (76 cm) in height, the replica in Greenville is half the size of the original, and has a different face and larger breasts as well as other distinguishing factors.

Image Credit: http://www.myfreewallpapers.net/cartoons/...

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Champagne and Cheddar

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Creative Commons Licences

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Which of the following could not meet the criteria for a registered design?:

• A portable CD player

• A rubber sealing ring for the door of the washing machine

• A toilet disinfectant cleaner packaging

• A corkscrew

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Which of the following can be registered as a trademark?:

• A brand name

• The shape of a container

• A smell

• A domain name

• A colour

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Questions

?

2012Original material by Thomas J. Howard for course 42629 – Innovation and Product Development Department of Mechanical Engineering, The Technical University of Denmark

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Exercise

What non-patent IPR would benefit your

business and in what way?