INTELLECTUAL PROPERTY RIGHTS

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Shanna Hunt
8 years ago
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1 INTELLECTUAL PROPERTY RIGHTS

2 WHAT IS INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY LAW? Intellectual property law is about the exclusive right to intellectual property the exclusive right to creations of the mind. The concept contains four key areas; patent, design protection, trademark protection and copyright. The protections exist to give you the exclusive right to use what you have created. It also contributes to developing society by spreading and acknowledging new ideas in order for others to get creative. INTELLECTUAL PROPERTY CREATE SUCCESSFUL BUSINESSES Production facilities, machines and properties are all examples of physical assets in a company. But the real value is often within the ideas that the company has developed, administrated and protected. It can, for example, be a patent on a brilliant invention, a strong and well-known trademark or a unique product design. It can also be related to assets within the company such as business secrets or strategies, or cooperation agreements. If you have the exclusive right to your intellectual property it makes it easier to control your creation and you minimize the risk of your ideas being copied. You get an advantage towards your competitors and also better opportunities to make profit out of your creativity. Would you like to know more? PRV has training courses where you can deepen your knowledge about intellectual property in general or give you front edge competence within a certain area. You know best which intellectual property your company has. What are your ideas and what does your business look like? Do you have an effective working method or a unique customer file? The most successful companies are often those that are able to identify their intellectual property and then develop a strategy to manage their assets. WHY PROTECTION? A company that takes care of its intellectual property usually grows more, has higher profitability and develops faster compared to a company that neglects its intellectual property. Intellectual property can be sold or licensed in the same way as physical assets. A license agreement gives someone else the right to commercially use your intellectual property. The agreement can contain different regulations such as limitations to a geographical area, a time limit or refunding. If you know how to best use the protections available in this area it could be a competitive advantage. It can also make it easier for you to attract investors and business partners.

3 DIFFERENT KIND OF PROTECTION You receive a patent, design protection or trademark protection by registration. Depending on what you have created it might sometimes be a good idea to use more than one protection. You apply for a design registration if you want to protect the unique design of the helmet. You apply for a trademark registration if you want to protect the name of the helmet. If you have figured out a new way of attaching the straps in order for the helmet to fit better, you protect this with a patent. PATENT A new technical solution to a problem is protected by a patent. A patent is a protection for a new technical solution to a problem. A patent gives the owner exclusive right to the invention up to 20 years. A patent gives exclusive rights to commercially use the protected technique in exchange for disclosure of the invention. DESIGN If your product has a unique design you can apply for a design protection in order to protect the product s appearance. A design protection is a protection only for the product s appearance. It covers the appearance but not the function or technique of the product. Your design can be protected for a maximum of 25 years. The product s design should be the result of some kind of creative activity. In order to register the product design, the design must be new and distinctive. If you have a design protection, no one else can manufacture, sell or import copies of your product. TRADEMARK A customer usually buys a product or a service depending on its trademark/brand. That s why it s important to create a strong and well-known trademark if you want your business and marketing to be successful. Make sure to protect your trademark to stop others from taking advantage of what you have created. If you have registered your logotype or brand name, no competitor can infringe on your trademark. A trademark can consist of figures, words, letters, numbers and sound or it can be three-dimensional. The trademark does not need to be the same as your company name; sometimes you might need several trademarks for your products and services. A trademark registration is valid for ten years and can be renewed for ten years at a time. COPYRIGHT A copyright protects music, literature and other artistic creations that have a certain originality and distinction. You do not need to apply for this protection; copyright is obtained automatically when the work is created. The copyright gives artists, photographers, writers and other creators the exclusive right to decide how their work can be presented, spread and shown.

4 WHAT ARE THE REQUIREMENTS FOR PROTECTION? In order for protection the creation must be new and different from what already exists. A patent is granted for an invention that is new, inventive and industrially applicable. A design protection is granted for a product s appearance that is new and distinctive A trademark cannot be too similar to anyone else s trademark or company name. Another requirement is that your trademark must not describe your products or services. An example; it is not possible to protect the words dark roast for the product coffee since everyone that sells coffee need to be able to use these words. PROTECTION OR NOT? If you don t protect your idea or keep it as a secret, it might not be long before your competitors copy you. At the same time it s wise to consider whether or not you should apply for a protection since there is a fee for every application. One reason not to protect your idea can be if your product has a short life-span on the market. Then you might not need a protection since the demand for your product could be gone before your competitors have copied it. INTERESTED? We can help you to examine what your opportunities are and guide you on how to move forward. At you can get more information on how to handle your assets to make your business more successful. On the website you can also use our online services, search through our databases and download information. Our qualified staff at PRV s customer support will answer your questions regarding intellectual properties. To get in touch with them, send an to kundsupport@prv.se or contact them on Phone no The purpose of the industrial property rights is to encourage development and give you as a creator the exclusive right to commercially use your creation. The copyright protection starts automatically as soon as the creation of the work is completed and registration is not required. The person who created the work is the owner of the work.

5 COMPUTER SOFTWARE WORKING METHODS LOGOTYPE DESIGN BUSINESS CONCEPTS COMPANY NAME CUSTOMER FILES Intellectual Property Rights are intangible assets; however they can still be great assets in your business. They are usually a major part of your company s value. Intellectual property rights are important and valuable. Different tools are available for use within the intellectual property law as well as supplementary protections for your intellectual property rights. It is time for you to make profit out of your ideas.

6 INTELLECTUAL PROPERTY LAW The intellectual property law is the exclusive right to intangible assets such as inventions, trademarks, design or excerpts from a book. PATENT A patent is a protection for a new technical solution to a problem. The patent gives exclusive right to commercially use an invention. TRADEMARK A trademark is used to distinct your products and services from others. The protection gives exclusive right to commercially use the trademark. DESIGN The design protection protects your product s appearance and design and gives the owner exclusive rights to commercially use the design. COPYRIGHT The copyright gives the creator of artistic and literary work the right to decide how the work may be used. You can use your idea in many ways. You can start a company, sell your idea, give it away, license it out or show it to attract future business partners or customers. At the same time you need to be careful so that no one else uses what you have created in a way that is not allowed. In order for you to be successful, there are quite a few things you need to consider. You need to come up with a plan to handle the value of your ideas and failure. Customer support kundsupport@prv.se prv@prv.se At The Swedish Patent and Registration Office (PRV) we work with new cutting edge ideas daily: providing protection and exclusive rights for technical ideas, trademarks and designs. JULY 2015 ILLUSTRATIONS: PATRIK SVENSSON PHOTO: KENNET HELLMAN AND MAX GREEN EKELIN PRINT: TMG TABERGS a strategy might be the difference between success

Many people think that Ideas constitute an Invention. In this module, we make the distinction between an idea and an invention more clear.

Many people think that Ideas constitute an Invention. In this module, we make the distinction between an idea and an invention more clear. 1 2 The invention process for the successful inventor should start