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Intellectual Property the basics

A overview of the how of Intellectual property, the why of intellectual property, the what of intellectual property
by

James O'Sullivan

on 11 March 2013

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Transcript of Intellectual Property the basics

Intellectual Property
the Basics The good, the bad and the lovely Anything from a particular manufacturing process to plans for a product launch or a trade secret like a chemical formula

IP includes proprietary formulas and ideas, inventions (products and processes), industrial designs, and geographic indications of source, as well as literary and artistic works such as novels, films, music, architectural designs and web pages What is IP? Where does IP come from? "information including a formula, pattern, compilation, program, device, method, technique or process that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy." What is a know how? Protects original works which have been recorded in some form against copying
Protects the expression of an idea not the idea itself
Must be Original
Low threshold to create copyright –automatically subsists once created
Ownership – Author – careful !
Duration – 70 years from end of calendar year in which author dies
Marking ‘C with a Circle’ ©- Date and Owners Name Copyright The appearance of the whole or a part of a product (industrial or handicraft item)
Resulting from the features - the lines, contours, colours, shape, texture or materials of the product itself
Including parts intending to be assembled into a complex product, packaging, get-up, graphic symbols & typographic typefaces What is a Design? A patent is a monopoly right giving the patent holder the right to stop others making, using or selling an invention
20 Years term, normally
Novelty
Inventive step
Industrial Application What is a Patent ? Any sign which distinguishes your goods or services from those of others
A guarantee of source and of quality to your customers/prospective customers
Operates as a “badge of origin” for your goods/services What is a Trade Mark? Mechanisms of intellectual property protections - Patents Prior art - Teapot with one spout
Drawback of prior art - Time-consuming
Problem to solve - Reduce filling time
Solution - Provide a second spout US-A-1833019 GB-A-2365393 Intellectual property is a probably the main source of competitive advantage to businesses
It doesn't have to be complex to be great intellectual property
Protecting intellectual property can be expensive so consider wisely in advance
Simple steps should be taken to protect all parties such as NDAs and basic licence agreements Conclusions Types of Intellectual Property Rights Why is IP important? © 2012 WIT Technology Transfer Office Changing tide of Commercialisation Commercial agreements are quick and easy to set up
The central TTO can act as the first port of call
TTOs retain the freedom and flexibility to “do a deal” with industry that is in the best interests of both parties
Commercial terms are generous
More open innovation in multi-party collaborations is encouraged
Intellectual property is managed in a professional way Ownership is clearly defined

When research by an RPO is wholly funded by industry, the industry party shall own any IP

arising from the research. The RPO may request access to this IP for teaching and research

purposes.

Part 2: Policy – IP ownership

003pre_P12001432_SFI IP Briefing 120627 v2.ppt

When research by an RPO is wholly funded by the State, the RPO shall own any IP arising from

the research. The RPO shall then be free to negotiate arrangements for other organisations to

access the IP in order to maximise the benefits of commercialisation for Ireland.

When research by an RPO is partly funded by the State and partly (in cash and/or in kind) by

one or more industry parties, the preferred arrangement for ownership, as a starting position for

negotiation, is that the RPO will initially own all IP arising from the research and then license the IP

to the industry parties on preferential terms … Firms who contribute to research costs have preferential access to the resulting IP

Industry parties who contribute to the cost of a research programme that is partially funded by the

State shall be entitled to negotiate arrangements to access IP arising from that programme and

owned by the RPO, ahead of other organisations who may wish to access the IP …

Part 2: Policy – IP access

003pre_P12001432_SFI IP Briefing 120627 v2.ppt

[An] industry party who contributes towards the cost of a research programme shall be entitled to

receive, if it wishes, a non-exclusive royalty-free (NERF) licence to the IP arising from the research,

provided that

– the research programme provides for the grant of NERF licences; and

– the industry party has made at least the necessary minimum contribution to the research

programme, as defined at programme level; Industry can access the results of wholly State-funded research, with conditions

Part 3: Section D – Wholly State-funded research

003pre_P12001432_SFI IP Briefing 120627 v2.ppt

When research by an RPO is wholly funded by the State, the RPO shall own any IP arising from the

research. The RPO shall then be free to negotiate arrangements for other organisations to access

the IP in order to maximise the benefits of commercialisation.

… the RPO shall always retain the right to continue its research and teaching in the field of the IP

and to use the IP for those research and teaching purposes.

Access to IP owned by an RPO will normally be by the granting of licences by the RPO. While an

RPO will not normally consider assigning ownership of its IP, it may in exceptional circumstances …

agree to transfer or assign ownership of the IP, provided that …

… special provisions may apply in situations where the explicit objective of the State funding was or

is to generate research outputs that can be preserved for sharing and informed use … by the

scientific community and for policy …. Publicly funded research outputs within this description

might include anonymised datasets from population and patient based studies; genotypic and

phenotypic information and samples linked to cohort and population surveys.

Initial Filing (Priority Date) t=0months



International (PCT) Filing t=12months



National Filings t=30months General Patent Filing Strategy Computer graphics / code / databases
Printed graphics
Literary works
Musical works
Artistic works – including mechanical drawings Items Protected So what next?

Review contracts
Review databases
Invention disclosure
Full transcript