introduction to intellectual property

Introduction to Intellectual Property

Presentation to FabLab Manchester

12 Oct 2011

Jane LambertBarrister

What is Intellectual Property?

Intellectual property (“IP”) is the collective name for the bundle of laws (“intellectual property rights” or “IPR”) that protect intellectual assets. Examples include:• Patents• Copyrights• Trade Marks• Designs

What are Intellectual Assets?

Factors that give one business a competitive advantage over all others such as • brands• design• technology• creative works

How does the law protect brands?

Passing off – nobody may misrepresent his goods, services or business as those of another trader;

Trade mark registration – national or Community trade marks

Geographical indications for food and drink

How does the law protect design?

Functional design by unregistered design right;

Ornamental design by design registration for the UK alone or registered and unregistered Community design and copyright

How does the law protect technology?

Law of confidence – prohibition against disclosing or making use of technical information imparted in confidence

Patents

Unregistered design right

Semiconductor topographies

Copyright for software

Plant breeders’ rights

How does the law protect creative works?

Copyright for original artistic, dramatic, literary or musical works, broadcasts, films, sound recordings or typographical editions of published works

Rights in performances for actors, dancers, musicians, singers and other performers

Moral rights

Publication rights

Where do I go to register a trade mark, design, patent or plant breeder’s right?

Intellectual Property Office in Newport for a UK trade mark, registered design or patent

OHIM in Alicante for a Community trade mark or design

European Patent Office in Munich for a patent for more than one European country

DEFRA for UK plant variety

Community PVO for EU

Who can help me register a trade mark, registered design, patent or plant variety?

Patent or Trade Mark Attorney (aka “patent agents”) such as Tom Hutchinson

Who can advise and represent me in negotiations or disputes?

Specialist Intellectual Property Solicitor such as Michael Sandys

Who can represent me in court or hearings, draft complex instruments or advise me or my professional advisers on difficult points of law?

Specialist Intellectual Property Counsel such as Jane Lambert

What happens if someone infringes my Intellectual Property?

Litigation in Patents Court, Patents County Court or Chancery Division

Mediation if there is agreement or court order

Arbitration if there is arbitration agreement

Examiners’ opinions on validity and infringement of patents

Domain name dispute resolution

Where can I get more information?

PatLib libraries such as British Library, Leeds Central Library or Manchester and Liverpool Central Libraries after renovation

Inventors’ Clubs in Manchester, Leeds, Sheffield, Blackburn and Liverpool

IP Clinics operated by CIPA and NIPC

BL, IPO, WIPO websites

Jane LambertNIPCThe Media Centre7 Northumberland St.HuddersfieldHD1 1RL0800 762 0055

www.nipclaw.com

Any Questions?