Intellectual Property Protection. Gint Silins, PhD
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1 Intellectual Property Protection Gint Silins, PhD
2 The role of IP behind the scenes & risk management
3 What makes you different form the rest? What gives your business a competitive edge in the marketplace?
4 Whatever the answer is invention / innovation / useful discovery industrial design / product shape branding / trade mark business or company name domain name written or artistic work know-how / trade experience trade secret it is important intellectual property (IP).
5
6 ASIC Search: Reckitt Business & Company Names
7 Domain Name:
8 Trade Mark : Trade Marks Trade Mark : PowerBall Trade Mark : RECKITT BENCKISER
9 Trade Marks
10 Design Registration AU S
11 Patent
12 1 st step in risk management Identify all of the IP of importance to your business, that gives you a commercial edge: - Business name - Innovative product or service - Trade mark used in association with the product or service - Domain name - Trade secret - Client list - Other business practice
13 2nd step in risk management Ensure that the IP of importance is owned by you: - Artwork - Packaging - Innovative product or service - Trade marks/branding used in association with the product or service
14 3rd step in risk management Ensure that the IP of importance to your business is available for your use (before commencing use) - Check availability of a business name - Check availability of a domain name - Check availability of an innovative product or service - Check availability of trade marks to be used in association with the product or service - Check that images etc can be used
15 4th step in risk management Devise a strategy for safeguarding the IP: - Conduct registrability searches based on where business activities are to be carried out - Register each trade mark of importance - Register a design for each product of importance - Obtain a patent for each product or service of importance - Secure domain name registrations based on the trade marks of importance
16 4th step continued Devise a strategy for safeguarding the IP: - Take steps to safeguard trade secrets and other commercially valuable business practices, eg. NDAs and employee agreements
17 5th step in risk management Enforce your IP: - Let others know of your registered IP rights by way of product markings Patented, TM, Design Registered - Keep a watch on the business activities of competitors by conducting regular searches - Stop others from copying your innovative products and services - Stop others from copying your trade marks or from using confusingly similar trade marks. [If you are making serious money, no doubt someone will try and rip you off.]
18 Automatic Protection for Some IP: Copyright protection for written and artistic works Unregistered but well known trade marks/get-ups
19 Registration Required for Other IP: Patent Design Trade mark Business & company name Domain name [Registered IP rights are searchable]
20 File application File application Examination Grant 20 yr life Grant - 8 yr life [Optional examination]
21 File application File application Examination Registration 10+ yr life Registration 10 yr life [Optional Examination]
22 Rights of an IP Owner Can apply for IP protection Exclusive rights to the IP Transfer rights in the IP to another party Licence the IP to another party Stop competitors from exploiting the IP
23 Register Patent or Design if: Worth big bucks Trade secret not appropriate Want Australia-wide/worldwide rights Looking to licence technology Raising capital Buy time to conquer market Scare off copy-cats Impress the public Bluff competitors
24 Going Global? Freedom to operate IP protection Trade Marks 6months
25 Look before you leap You don t want to be in the situation where you are forced to re-brand your product or service, recall products from shelves, or defend yourself in court. Don t go unprotected Good ideas are usually copied, so protect yours. Trust no one Your employees, consultants, distributors and others may be your future competitors. Put your agreement with them in writing. Make sure you own the IP. Be pro-active about IP rights Don t do the too little, too late thing. Talk to an expert Your issues can be simplified. Summary
26 Thank you Brisbane Gold Coast Townsville
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