Intellectual Property (IP)
COPYRIGHT TRADEMARKS REGISTERED DESIGNS & DESIGN RIGHT PATENTS
What is “INTELLECTUAL PROPERTY (IP)”?
In 1992 Nestle paid £2.2Billion for Rowntrees 80% of this was for “Intellectual property” (the names Smarties, Aero, Fruit Pasteles etc)
Nestle paid for the right to trade using the names, they already knew how to make chocolate with bubbles in it, but, part of their takeover allows Nestle to make their own version of an aero bar!
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How does IP help designers and companies then?
IP gives legal recognition to the ownership of new ideas or brand names and gives the proprietor the right to stop other people exploiting their property. So, IP creates for the innovator a system by which he/she can benefit from their ingenuity. Be it the invention of a new football boot, a light bulb, a new chocolate bar or a piece of music. The designers rights are typically sold or licensed to others or used to safeguard investment in new ventures.
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Who controls the granting of Intellectual property rights?
In the UK, The Patent Office is responsible for granting patents, registered designs and registered trade marks. They have their largest offices in Newport Gwent.
You can get further information on IP from the Patent Office:
The Central Enquiry Unit. The Patent Office Concept House Cardiff Road. Newport NP10 8QQ
Or, on the Web at www.patent.gov.uk/
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What is copyright?
Copyright controls the way certain types of material can be exploited, it comes into effect as soon as something that can be protected is created.
In the early 90s the Ordinance Survey (OS), the organisation who make most of the UK maps, successfully sued the AA for copyright infringement. The AA had been using OS images for their road atlases, without permission. Initially they denied the charge, but the OS tricked the AA by deliberately inserting mistakes into certain maps, hey presto, the next AA maps had the same errors, case closed!
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Do you need to register copyright?
No, but you should really mark your work with the international copyright mark followed by your name and the year of publication.
How long does a copyright last?
As a general rule, copyright lasts 70 years after the death of the creator. Sound recordings, broadcasts and cable programmes are protected for 50 years (hence the rash of WW II in colour programmes released around 1995!). Published editions are protected for 25 years.
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So what are the benefits for copyright owners?
Owning a copyright stops people doing a number of things: “Bootlegging” (making illegal copies of your work) Plagiarising or copying your work Renting or lending copies of your work to the public Performing, showing or playing the work in public Adapting the work in any way
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Trade Marks
What is a trade mark? Basically it is a sign which can distinguish the goods and services of one trader from those of another
A trade Mark creates a “Badge of Origin”
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How do you protect your trading name or logo?
You register your name /logo as a trade mark, this offers protection only in the country in which the mark is registered.To be registrable in the UK a mark must be:
Distinctive Not deceptive or against the law or morality
Not similar or identical to any earlier marks for the same or similar goods/services You also can’t choose a name which is implicitly connected to your trade (eg Orange: ok for phones, NOT for fruit and veg shop!)
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For example
British Telecommunications PLC have the following trademarks:
Also the phrases “It’s good to talk” and “Fly fishing by JR Hartley”
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So, what protection does a Trademark offer?
If you own the trademark, you have exclusive right to it. You can prevent unauthorised use through a legal action for infringement. A registered trademark is an item of property, this means you can sell it,rent it out by licensing etc. The trading standards officers (or the police) will bring criminal charges against counterfeiters.
There is some confusion between TM and ® The ™ symbol shows that the word or logo serves as your Trademark BUT IS NOT necessarily registered. The ® symbol means it IS registered *it is a criminal offence to represent a logo/trademark as registered ® when it is not
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How do you apply for a Trademark?
Fill in an application form Provide a representation of your design Clearly show any colours which are a feature of your design List the goods and services you will trade in
Pay your filing fee
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Design Right
You cannot acquire Design Right on 2D designs such as textile or wallpaper designs, you would however qualify for?: Ans: Copyright or possibly registered design protection Design Right protects the shape or configuration of articles for 10 years after its creation.
Again, Design right is property, it can be bought, sold or licensed.
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Do you have to apply for Design Right?
No, design right is like copyright, in that protection arises automatically when the design is created. *Keep a note of when the design was first recorded, it could prove useful in infringement proceedings!
One trick is to place a signed, dated copy of Your work in a sealed envelope, address it to yourself and leave it unopened when it returns (the postmark proves it existed as declared)
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Registered Designs
This is a monopoly right for the outward appearance of an object. You will see Reg Design No 12345 etc on many products. Registered Design lasts or 25 years, it is additional to any copyright or design right protection which exists automatically on the design.
What is eligible?
It must be new
It must have significant eye appeal
It must not be excluded*
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What is “significant eye appeal”?
Significant eye appeal means that the appearance of the design must be significant and not “determined by the shape of the whole” Registration is only available for designs where competitors do not need to copy them in order to compete.
What is meant by “New”?
Must not have been made public in any way in the UK before registration. Must be materially different from any other published design.
What is excluded?
Sculptures Wall plaques or medallions Printed matter (literary or artistic)
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What is so good about design registration?
registration costs are minimal protects the design from being copied by competitors for up to 25 years asset to the business design shape can be synonymous with branding of the companies products and image.
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Patents
A patent is a bargain between the state and the inventor.The state offers a monopoly in return for a full description of the invention, which is published.
Many people mistakenly think that patents keep ideas secret, not so, for example:
The American team yacht in the 1990 Americas Cup race had a radical new keel design. The Australians were desperate to catch a glimpse of it and tried all sorts of tricks to sneak a look. They didn’t realise that full plans for the new hull were available for the public at the patent office, the just couldn’t copy them!
Hundreds of bomb disposal experts died during WWII trying to defuse German bombs, full instructions on their construction was available (in the UK) for all to access!
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So, if a patent is granted for a new design, the inventor has 20 years (in the UK) to capitalise on it free from competition. The invention is the property of the designer, it can therefore be bought , sold, rented etc.
The vast majority of patents are for incremental improvements in known technology (NOT for radical designs)
90% of innovation is Evolution rather than revolution
Patents protect the way things work, what they do, how they do it, what they are made from, how they are made
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How do you obtain a patent?
File a full disclosure of your invention (see next slide) Submit a search request form and pay a fee The UK Patent Office publishes your invention Submit an examination request form along with the required fee The Office grants a patent for your invention.
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What would stop you getting a patent?
Disclosure (publicising your idea will jeopardise your patent application.) Your design must be: New, Involve an inventive step, be capable of industrial application, not be excluded.
What is excluded?
A discovery A scientific theory or mathematical method An aesthetic, literary, dramatic or artistic work A method for performing a mental act, playing a game or doing business The presentation of information or a computer program
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Preparing a Patent application
This is part of a patent application for a new design of sprinters starting blocks (there is also a full written description of the invention)
The system of indexing prior claims is similar to the Dewey system used in the library. In this case, GB 2 206 805 A the “A” shows that the patent has been applied for, “B” denotes an obtained patent.
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Finally, 2 inspirational stories about designers & patents!
In 1969 Ron Hickman was a design engineer for Lotus he also enjoyed a bit of DIY. One day- after sawing through a chair, he set about designing a portable workbench/clamp. The prototype Workmate was made in his garage. He prepared a presentation and set about finding a backer/manufacturer- he was turned down by a dozen or so companies, one told him he may sell 10 or 20!. Undaunted, Mr. Hickman took out his own patent on his design Black & Decker reconsidered and approached Hickman, he licensed them to manufacture at a cost of £1 a unit; in the next 20 years B&D made 32 million “Workmates” the Hickman estate (he died in 1993) still own the name “Workmate” and continue to profit! For this reason you will only ever find “Workmates” sold by Black & Decker”. One enterprising (and anonymous) designer is credited with designing a special rivet which could pull and tear. Coca-Cola used the idea paying the designer 0.1cent per ringpull. For the next 20 years Coke made on average 1.4 million cans/day worldwide
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