Ipr talk mediastudents

What is Intellectual Property?

also called...

IPIntellectual Property Rights (IPR)Industrial Property Rights

What’s the relevance to you?

INTELLECTUAL PROPERTY RIGHTS

“Intangible rights protecting the products of human intelligence and creation”

Intellectual Property

Legally protected rights that attach to different kinds of intellectual property...

Intellectual Property Rights

Intellectual Property Rights are legally enforceable rights

Different Kinds of IP

It’s horses for courses...

What do all types of IP have in common?

IP is property

IP is territorial

IP can be costly to enforce

Not just an ‘idea’

IP is not a right to do something...

IP is not a right to do something...

It’s a right to prevent someone else from doing something

Generally owned by an employer...

Generally owned by an employer...

If created by an employee in the course of their duties

3 Key Facts about Copyright

Literary, dramatic, musical, artistic works

3 Key Facts about Copyright

Literary, dramatic, musical, artistic works

It’s a right to prevent copying

3 Key Facts about Copyright

Literary, dramatic, musical, artistic works

It’s a right to prevent copying

Arises automatically

3 Key Facts about Copyright

3 Key Facts about what Copyright is not

X

X

X

Intended to protect ideas

3 Key Facts about what Copyright is not

X

X

X

Intended to protect ideas

Necessary to register

3 Key Facts about what Copyright is not

X

X

X

Intended to protect ideas

Necessary to register

Protect insubstantial copying

3 Key Facts about what Copyright is not

X

X

X

Assert your rights!

Keep supporting evidence

Agreement between co-authors

How to protect your copyright?

Phantom towns...

Redundant code...

DRM - software code embedded in digital media file

When is copying OK?

Non-commercial research & private study

Critisism, review and reporting current events

Time shifting

Teaching in educational establishments

Moral Rights - Authors & Performers

Right to be identified as an author

Moral Rights - Authors & Performers

Right to be identified as an author

Right to object to derogatory treatment

Moral Rights - Authors & Performers

Right to be identified as an author

Right to object to derogatory treatment

Must be asserted (but can waive)

Moral Rights - Authors & Performers

Moral Rights Don’t Apply:

X

X

X

X

Computer programs

Moral Rights Don’t Apply:

X

X

X

X

Computer programs

Ownership by the author’s employer

Moral Rights Don’t Apply:

X

X

X

X

Computer programs

Ownership by the author’s employer

Newspapers or magazines

Moral Rights Don’t Apply:

X

X

X

X

Computer programs

Ownership by the author’s employer

Newspapers or magazines

Reference works

Moral Rights Don’t Apply:

X

X

X

X

Unregistered Design Right

Registered Designs Unregistered Design Right

Registered Designs

Need to register

Protects the overall appearance

New & have individual character Original (not commonplace)

Exclusive right Only protection if copied

25 years protection

12 months grace period

Unregistered Design Right

Registered Designs

Need to register Automatic right

Protects the overall appearance

Protects the shape or configuration

New & have individual character Original (not commonplace)

Exclusive right Only protection if copied

25 years protection 15 years protection

12 months grace period N/A

Unregistered Design Right

Apple - Registered Design for the iPad...

From a galaxy

From a galaxy far far away...

From a galaxy far far away...

To a battle in court

3 Key Facts about Trade Marks

Word/sign which can be graphically represented

3 Key Facts about Trade Marks

Word/sign which can be graphically represented

Distinguish the trade origins of goods/services

3 Key Facts about Trade Marks

Word/sign which can be graphically represented

Distinguish the trade origins of goods/services

Registered and unregistered v TM

3 Key Facts about Trade Marks

3 Key Facts about what TMs should be

Distinctive (not descriptive of goods and services)

3 Key Facts about what TMs should be

Distinctive (not descriptive of goods and services)

Not similar/identical to existing marks (in same class)

3 Key Facts about what TMs should be

Distinctive (not descriptive of goods and services)

Not similar/identical to existing marks (in same class)

Exclusive right to use the mark for goods/services

3 Key Facts about what TMs should be

Pick up a Penguin...

To read To eat

Looking After Your Trade Mark

Trade marks - use it or lose it!

Looking After Your Trade Mark

Trade marks - use it or lose it!

Avoid becoming generic

Looking After Your Trade Mark

Trade marks - use it or lose it!

Avoid becoming generic

Don’t make constant changes

Looking After Your Trade Mark

Patents protect products, processes, use of products...

Contract between the inventor and the state

Contract between the inventor and the state

Publication in return for a monopoly right...

3 Key Facts about Patents

Patents protect an ‘invention’

3 Key Facts about Patents

Patents protect an ‘invention’

Patents are monopoly rights

3 Key Facts about Patents

Patents protect an ‘invention’

Patents are monopoly rights

Patents are territorial

3 Key Facts about Patents

3 Key Facts about what patents are NOT

3 Key Facts about what patents are NOT

X Just an ‘idea’

3 Key Facts about what patents are NOT

X Just an ‘idea’

X Available for certain ‘exclusions’

3 Key Facts about what patents are NOT

X Just an ‘idea’

X Available for certain ‘exclusions’

X Enforceable until grant

Just because you can patent your invention...

Just because you can patent your invention...

Doesn’t mean it’s a good idea!

In order to get a return on investment...

People must want to buy your product...

Trade Secrets

Secret, substantial and documented

Trade Secrets

Secret, substantial and documented

Only protection = secrecy

Trade Secrets

Secret, substantial and documented

Only protection = secrecy

Can disclose under confidentiality agreements

Trade Secrets

Most famous trade secret of all time...