legal basics for startuppers (v. 2016 ita)

Legal basics

Frieda Brioschi / Emma Tracanella frieda.brioschi@gmail.com / emma.tracanella@gmail.com

IED, 22 Nov 2016 Lesson 6/2016

6. Legal basics

Course program1. Start-ups

2. Business Model & Canvas

3. Value Proposition Design

4. Customers & Market

5. Activities & Costs

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These questions were about intellectual property

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IP

Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized.

Common types of intellectual property rights include copyright, trademarks and patents.

In italian a preferred term is "industrial property".

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Author’s rights

In Italy, law 22 aprile 1941 n. 633 “Protezione del diritto d'autore e di altri diritti connessi al suo esercizio”.

Two distinct components:

1. economic rights in the work

2. the moral rights of the author

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http://en.wikipedia.org/wiki/Copyright_law_of_Italy

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Moral rights1. Right of attribution

2. the right to have a work published anonymously or pseudonymously

3. right to the integrity of the work (bars the work from alteration, distortion, or mutilation)

Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play.

Moral rights are inalienable.

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http://en.wikipedia.org/wiki/Moral_rights

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Economic rights

The economic rights are a property right which is limited in time (70 years after the author’s death in Italy) and which may be transferred by the author to other people.

They are intended to allow the author or their holder to profit financially from his/her creation, and include the right to authorize the reproduction of the work in any form.

The authors of dramatic works (plays, etc.) also have the right to authorize the public performance of their works.

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Copyleft

It allows for rights to distribute copies and modified versions of a work, and requires that the same rights are preserved in modified versions of the work.

Copyleft is a general method for making a work free (libre), and requiring all modified and extended versions of the work to be free as well.

This free does not necessarily mean free of cost, but free as in freely available to be used, distributed or modified.

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http://en.wikipedia.org/wiki/Copyleft

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Copyleft Vs Copyright

Copyright law is usually used to prohibit others from reproducing, adapting, or distributing copies of the author's work.

Under copyleft an author may give every person who receives a copy of a work permission to reproduce, adapt or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement.

Creative Commons are the most known copyleft licenses.

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http://en.wikipedia.org/wiki/Copyleft

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Creative Commons

Creative Commons is an US foundation, created in 2001, which aims to develop, support and steward legal and technical infrastructure that maximizes digital creativity, sharing and innovation.

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http://creativecommons.org

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Licenses

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https://creativecommons.org/licenses/

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Rights

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Trademarks

A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others.

The trademark owner can be an individual, business organization, or any legal entity.

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http://en.wikipedia.org/wiki/Trademark

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Trademarks

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Trademarks

The law considers a trademark to be a form of property.

Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office.

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http://en.wikipedia.org/wiki/Trademark

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Registered trademarksA registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered.

In Italy the national registration process should be sent to Ufficio Italiano Brevetti e Marchi (UIBM). Registration lasts 10 years and is renewable.

An european registration can be done at Ufficio per l'armonizzazione nel mercato interno (UAMI), and an international registration can be done at WIPO.

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Registered trademarks

Registrations can in particular cases be approved for preexisting designs.

Similar trademarks may coexist in different fields of business.

Registrations can be challenged if deemed unfair, and eventually dropped.

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Registered trademarks

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http://gizmodo.com/5141575/apples-bloodiest-patent-and-copyright-clashes

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PatentA patent consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention.

An invention is a solution to a specific technological problem, and may be a product or a process.

The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.

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http://en.wikipedia.org/wiki/Patent

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Types of patents in ItalyInvention patent: it’s the stronger and higher form of protection, used for technological innovation in products, processes or solutions (including new vegetables varieties). 20 years, non renovable!

Utility model: A weaker patent, easier to obtain but harder to defend. Limited to products and physical objects. It’s used for inventions that improve on existing products. It protects the form, too, provided that thare is a provable enanchement in functions. 10 years, non renovable!

Tip: Italian law - art. 84 CPI - allows to request both patents for the same invention, leaving the choice of the most fitting to the patent office.

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http://ufficiobrevetti.it/en/patents/

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Types of patents in Italy

Model or design registration (not properly a patent): it’s the weaker and most limited patent, providing basic protection to form, colors and design of a specific model of product.

It’s extremely easy to apply, up to 100 variants of the same design can be deposited with a single instance. This is mostly used in fashion, design and styling business, allows for quick prosecution of fakes.

25 years, taxes could be payed in installments.

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http://ufficiobrevetti.it/en/patents/

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Apple Vs Samsung

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Filing a patentA prototype is not needed, a thorough description with detailed drawings is enough.

Requirements:

• Novelty (never patented before, anywhere).

• Originality (non obvious, different from current state of art).

• Industrial Applicability (no arts & crafts, must be reproduced industrially).

• Legality (must not offend morality, break law and impair order)!

To maintain validity, a patent MUST BE REALIZES WITHIN 3 YEARS FROM REGISTRATION (or 4 years from application). Since 1 jan 2006 filing a patent is FREE from fees. Some costs could arise in order to provide the required documentations, a free cost assessment could be requested on Ufficio Brevetti’s website.

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http://ufficiobrevetti.it/en/patents/

6. Legal basics30 http://www.whoishostingthis.com/blog/2016/07/18/cant-be-copyrighted/

6. Legal basics31 http://www.whoishostingthis.com/blog/2016/07/18/cant-be-copyrighted/

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6. Legal basics43 http://www.whoishostingthis.com/blog/2016/07/18/cant-be-copyrighted/

6. Legal basics44 http://www.whoishostingthis.com/blog/2016/07/18/cant-be-copyrighted/