RESEARCH & INNOVATION INTELLECTUAL PROPERTY (IP)
What is Intellectual Property (IP)? Intellectual Property (IP) includes different types of invention, design, brand name or original creation There are laws designed to protect IP The legal rights given are the right to prevent unauthorised use of the invention, design, brand name or creation for the period of protection The legal rights can be transferred between parties, licensed to other parties and can even be mortgaged or used as security
What is Intellectual Property (IP)? Rights protecting IP can come into existence one of two ways: after an application has been made and/or registration has been obtained automatically upon creation of an original design or other work or upon the creation of a reputation in a brand name With most (but not all) forms of Intellectual Property, the protection afforded expires after a finite term
Tangible - vs - Intangible IP Designs and drawings Databases Patents Trademarks & Brands Copyrighted materials Know-how/show-how eg chef Process procedures and technical information eg SOP Confidential information/trade secrets eg Drambuie Management systems and infra-structure
Intangibles - the sleeper IP Might not be obvious, but look at the monetary values attributed to intangibles: Around 80% of value lies in intangibles eg 2005 Procter & Gamble purchase of Gillette for $57b 97% of the value was attributed to the intangibles* eg March 2006 L Oreal bought The Body Shop for 652.2m 81% of the purchase price was for intangibles* More than 20bn in Scottish SMEs alone
Patents Patents Patents are for technological innovation Protect the processes that make things work A patent is a 20 year absolute monopoly in new and inventive technical innovations' If you think that the outcomes of your research could be patented then you should discuss this with the Technology Transfer Officer R&I can support and advise you through the patent application process
Patents Patents (cont) Prior use or disclosure will invalidate a patent application Use confidentiality agreements Agree in writing who will own any IP arising from collaborative projects before commercialisation takes place
Trademarks Registered Trademarks Any sign that is capable of being represented graphically Signs that distinguish goods and services of one undertaking from another Can register colour, shape, slogan, domain name, music, logo, name, smell etc 10 year (although renewable every 10 years ad infinitum) absolute monopoly in a sign such as a brand name which is indicative of the origin of goods
Designs Registered Designs Protect the look of three-dimensional shapes A 25 year absolute monopoly in a new design applied to a manufactured article Unregistered Design Right A right to prevent reproduction of an original design which arises automatically and which lasts for a maximum of 15 years
Copyright Copyright Protects material only when it is written down or recorded Copyright is a right to prevent reproduction of an original literary, artistic, musical or dramatic work for 70 years beyond the death of the author' Unlike a patent, you do not have to apply for, or register, copyright Automatically conferred on work that is original and is expressed in a fixed material form' eg writing, visual representation, etc Usually the first creator or author owns the copyright (or their employer if produced during their employment)
Copyright in Universities Relevance of copyright in universities The current UK copyright law permits copying of works for research or private study only where it is used for non-commercial purposes You must acknowledge the copied source use proper citations when publishing work Information may be freely available on the internet but this doesn t mean it is not covered by copyright check the terms of use specified by the copyright holder
ipod COPYRIGHT Juke box idea Rotational user input Music selection interface Patents Registered Design Rectangular screen and circular input device White head phones ipod is a Brand (sub brand of Apple) Trade Mark New button-free touch screen (US20060197750)
How can IP help me? Prevent competitors from getting too close to your activities Source of income via exploitation by licensing or sale of those rights Monitor competitors - published patent applications, registered designs and applications for registration of a trademark
IP - Background and Foreground Background Any IPR already in existence before any new work is undertaken Known as background intellectual property rights, or prior rights Foreground IPR generated from the work carried out under a project (including but not limited to inventions, designs, processes, know-how, techniques, drawings, specifications, technical information, copyright material, software, data and any other information) Often referred to as 'results' that include: information, reports, drawings, designs, semiconductor topography, computer software, inventions and trade and service marks
Protecting IP Show that IP is protected or that protection has been applied for by marking product or literature accordingly to deter potential infringers and help in legal action Copyright international copyright symbol, followed by the name of the copyright owner and the year of publication not essential in the United Kingdom (UK) but useful in legal action in some overseas countries Designs display the design number on the product or literature once it is registered, eg Design No 1234567 or Reg Des 1234567 no official symbol to show that a design is registered
Protecting IP Patents phrases patent pending or patent applied for indicate that an application has been made for patent protection only use these terms if you have applied or been granted a patent, otherwise it is a criminal offence in the UK Trade Marks use TM to show that something is being used as a trade mark, even if it is not registered use the symbol to show that something is a registered trade mark this could mean that the mark is registered in the UK or abroad cannot use on a mark that is not registered, because it is a criminal offence in the UK
Enforcing IP Rights Demonstrate that IP is protected and take legal action using civil law provisions to seek injunctions and/or claim damages if your IP right is infringed Seek advice from a legal professional (such as a Patent or Trade Mark attorney) before entering into any disputes Safeguard against legal costs by taking out an insurance policy Unauthorised use of IP is a criminal offence in some instances and can lead to prosecution Try and find a solution with the infringer before taking any potentially costly legal action eg mediation
Postgraduate Student IPR Ownership On registration, assign IP rights to University Can opt out provided that University agrees Provide letter and legitimate reason IP nothing to do with course work/research Self-funded Brought research idea to University No input to IP from University
University IP share policy University takes on legal fees of all IP and commercial activity Income generated through licensing or sale of patent is split 1/3 between: Inventors University central funds School or department where work generated
Books and Other Publications University takes no share of revenue from books or publications Care should be taken that content does not infringe third party agreement
The IP Armour Game IP Armour game Imagine you are launching a product you need to protect it with the right kind of IP Go to - http://www.ipo.gov.uk/armour.htm - and play the IP Armour Game See how well you do!
Contact Business Development Officers/Technology Transfer Officers Research and Innovation Ext: 2123 www.abdn.ac.uk/r&i