the information stated herein is confidential and is accurate as of 25 may 2007. it is intended as a...

25
The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation. Copyright © 2006 IPOS All Rights Reserved Protecting New and Innovative Products Protecting New and Innovative Products and Features: and Features: The Relevance of the Patent System, The Relevance of the Patent System, including Patent information including Patent information Christopher Chow Christopher Chow Deputy Director Deputy Director Intellectual Property Office of Intellectual Property Office of Singapore Singapore

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The information stated herein is confidential and is accurate as of 25 May It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation. Copyright © 2006 IPOS All Rights Reserved Introduction Food Sector and Intellectual Assets Food Sector Trademark Trade Secret Patents Designs Know-hows

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Page 1: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Protecting New and Innovative Products and Protecting New and Innovative Products and Features: Features: The Relevance of the Patent System, including The Relevance of the Patent System, including Patent informationPatent information

Christopher ChowChristopher ChowDeputy DirectorDeputy DirectorIntellectual Property Office of Intellectual Property Office of SingaporeSingapore

Page 2: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

IntroductionPatents

Patent SystemsOther Intellectual Assets

Case Studies

Overview

Page 3: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Introduction

Food Sector and Intellectual Assets

Food SectorTrademark

Trade SecretPatents

Designs

Know-hows

Page 4: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

• Use of robots in the high hygiene environment

• Special shaped food or packaging

Relevance of Patents in the Food Sector

Introduction

Page 5: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Patents

Three Key CriteriaInventive

Step

Industrial Application

New

PATENTS

Page 6: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Patent Systems

Before registering your patent…

1. Scan the various patent databases around the world in case of similar products.

2. Determine the country for registration.

3. Find out the patent systems in that country before registering.

Page 7: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Intellectual Property

• Trademarks

• Trade Secrets

• Designs

• Know-hows

• Copyright

Intellectual Assets

Patents

Trademarks

DesignsKnow-hows

Trade Secrets

Etc…

Page 8: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Trade Marks

• ™ - sign used by any business or trade to distinguish goods or services from those of others.

• ® - Registered trade mark gives owner rights to control the use of the sign.– Has to be capable of being represented graphically.

Page 9: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Trade Marks

• Consist of letters, words, names, signatures, numerals, devices, brands, labels, tickets, shapes, colours, aspects of packaging or any combination of these.

• For registration:– It must be distinctive – It must be capable of distinguishing the goods or

services of the owner from similar goods or services of other traders.

Page 10: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Designs

• Refers to features of shape, configuration, pattern or ornament applied to an article by an industrial process.

• Protected through registration which gives owner the right to control its use.

• Registration criteria:– it must be new.– it must be industrially applied onto an article.

Page 11: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Trade Secrets/ Know-hows

Trade Secrets:• Information of commercial value which is only known to a

limited number of individuals. Hinges on the law of confidentiality.

Know-hows:• Process procedures and technical info which can be

documented and shared.

Page 12: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Page 13: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

• Specialises in quality European cooked meat.• Other products like traditional Scottish fare,

haggis.• Brand and re-launched as MacTavish the

Haggis.• New product development under the brand.

Charcuterie Continental

Page 14: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

"We must also protect potential applications. Our customers' applications are what keep this company running, and by protecting them, we are also protecting our customers' right to use our products…"

Charcuterie Continental

Page 15: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

• Leading supplier of natural ingredient solutions like cultures, enzymes, colours and flavours.

• Own a number of patents on natural colours, starter cultures and lactic acid bacteria, enzymes, wine cultures, and other ingredients.

• Revenue in F2006 of EUR 500m

Charcuterie Continental

Page 16: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Ya Kun Kaya Toast

Breaking New Grounds with IP

Page 17: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

• Started as a single coffee stall in the early 1940s

• Started franchising locally in 2000 and has to date more than 20 outlets across Singapore

• Has since successfully signed on Master Franchises in key overseas cities

Ya Kun

Page 18: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Identifying Ya Kun’s key IP assets

• Brand/Logo Trademark• Kaya Trade secret• Coffee powder Trade secret• Operations manual Copyright• Collateral Copyright

•Funded by government to develop franchise system•Exploitation through Coy-owned Outlets & Franchising

Ya Kun

Page 19: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

IP SEARCHES

Page 20: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

What is SurfIP?SurfIP is a special project initiated by IPOS and it

introduces the Mine, Manage and Maximise approach to realise the full potential of your IP assets

Award Winner for the Prestigious U.S. E-Gov Award Winner for the Prestigious U.S. E-Gov Trailblazer Award in 2001Trailblazer Award in 2001

Page 21: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

One-stop First-Stop One-stop First-Stop Intellectual Property portalIntellectual Property portal

What is SurfIP

Page 22: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

What is SurfIP

Page 23: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

What is SurfIP

Page 24: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

What is SurfIP

Page 25: The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional

The information stated herein is confidential and is accurate as of 25 May 2007. It is intended as a guide only and does not amount to legal advice. Professional advice must be sought prior to acting on any matter contained within this presentation.  

Copyright © 2006 IPOS All Rights Reserved

Questions?