introduction to intellectual property
DESCRIPTION
This was the introductory talk that was given by IP North West to the management, staff and users of FabLab Manchester on 12 Oct 2011TRANSCRIPT
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?