an introduction to intellectual property newcastle university october 2014 angela king european...
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AN INTRODUCTION TO INTELLECTUAL PROPERTY
Newcastle University October 2014
Angela KingEuropean Patent AttorneyEuropean Design Attorney
Talk Outline
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential Information
IP Rights
Reward research and development and prevent unauthorised exploitation of your rights
Very important in competitive marketplace
Is the road clear? – Even if you do not want to assert your own rights, you can still be in danger of infringing somebody else’s
Why Secure IP Rights?
Monopoly in marketplace
Barriers to entry for competition
Best return for expenditure
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential Information
Patents - General
Patents granted for ideas and inventions
A state granted monopoly – lasts up to 20 years
Rewards and encourages research and innovation
Prevents unauthorised exploitation of ideas or inventions
Patents - General
Patents are not granted merely by filing an application
Application is examined by the Patent Office
Strict requirements
Absolute Novelty – no prior public disclosure
Not an obvious solution to the problem the invention overcomes
Application Contains
Specification
Claims
Application stage – sets out scope of protection sought
Granted patent – defines scope of enforceable protection
Typical Timescale for a National UK Patent Application
International Patent Application Procedure
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential Information
Trade Marks are used to distinguish products and services
Any sign which is capable of distinguishing the goods and services of one trader from those of another
Trade Mark can be: Word
Logo
Sound
Smell
Trade Marks
Trade Marks
Serves to establish goodwill and reputation in a product or service
Adds value to a company Guinness €2 Billion
Coca-Cola Interbrand Value $79.1 Billion (€61.3 Billion)
A good Trade Mark will be:
Not descriptive of product Distinctive
Some Well Known Trade Marks
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential Information
Registered designs
Protects aesthetic appearance – not the underlying idea
Can be registered or unregistered
Registered design Shape or appearance inc surface decoration Max 25 years
Unregistered design “Design Right”
For 3D articles only
3D shape and appearance (not surface decoration)
Max 15 years
Samsung Galaxy Tab
Apple iPad
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential Information
Copyright
Copyright Automatically exists in original literary works
Copyright can exist in:
Literary Works life + 70 years
Musical Notation life + 70 years
Graphic Works life + 70 years
Sound Recordings 50 years
Photographs life + 70 years
Talk Outline
Patents
Trade Marks
Designs
Copyright
Confidential Information
Confidentiality
Can protect company “know how”
An alternative to patenting? Retain the “secret step”
No public disclosure required
But! - No protection against independent creation by 3rd
party The importance of NDAs (Non Disclosure Agreements)
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Talk Outline
IP PORTAL TOUR IP in Action
First product on market
“Dual Cyclone” Bagless System
Patents Obtained
Patent Expired – June 2001 at end of 20 year term
IP PORTAL TOUR IP in Action
New product developed
Improvement on existing technology
Patents filed to secure 20 year monopoly term
Product now lead product in range
Much higher cost than original product
Confidentiality – Success Stories
© The Drambuie Liqueur Company © The Coca-Cola Company
IP in Action
Designs – Shape of product
© Apple Computers
Patent protection
Copyright software
Trade Mark
IP in Action
Antiviral treatment for cold sores launched in 1981
Patent protection – Acyclovir – Expired 1997
Generics entered market
Launched as an over-the-counter brand
Now market leader in Europe
Trade mark – Zovirax
Designs – Shape of container
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Talk Outline
Exploiting your IP
Keep idea confidential – a patent application can only be filed if the invention is new and has not been publicly disclosed
Consult with Research and Innovation service within University for commercialisation advice
Spin Out Companies
IP initially owned by University
Commercialisation of technology by a separate company
Often ownership of IP may or may not be assigned to spin out
Agreements very important in this situation
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Talk Outline
The Ethical Debate
The grant of a patent does not give any positive right to use an invention
Many current “ethical debates” in relation to patents
Ethics – Case 1
Opposition to monopoly rights
Alternative – so called “copyleft” or “freeware”
Information free for all to use and modify
Example – Linux computer operating system
Ethics – Case 1
Coca Cola – www.opencola.com “Open source licensing”
Recipe provided to consumers
Improvements to recipe made freely available to others
Current recipe available on Wikipedia
Ethics – Case 1
Debate relates to “Knowledge Ownership” Free circulation of ideas Against protecting ideas as Intellectual Property
Standard Licence Agreement termed “Copyleft” allows free use of material
GNU Public Licence – Allows freedom to share and change
Ethics – Case 2
United States – government considered intervention to the Patent held by Bayer to the Anthrax drug ciprofloxacin (Cipro)
Ethics – Case 2
5 further US companies had FDA approved generic Cipro products, but were precluded from manufacture by the Bayer patent
If US government authorised this manufacture, Cipro would effectively be deemed to be “off patent” to allow widespread production and increased availability of generic form of drug
Ethics – Case 2
Unlike in Canada, US government decided to maintain status quo of patent
Apotex manufactured Cipro for Canadian government at 63c a pill (Bayer price $1.25)
Allegation that US government put patents before public health
Ethics – Case 2
South Africa – 40 of the world’s largest drug companies sued the South African government to prevent attempts to reduce the cost of AIDS drugs by up to 90 percent
Pharmaceutical Manufacturers’ Association dropped this action in 2001 bowing to mounting public pressure
Ethics – Case 2
In Brazil generic retroviral drugs have been supplied free of charge by the Brazilian government to 105,000 people
Generic forms of retroviral drugs AZT, 3TC and Nevirapine lower treatment costs per day from $3.20 to $1.55
Ethics – Case 3
Various Patents granted for genetically modified organisms (GMOs)
GM crops can’t however by planted unless consented to by national law
Illustrates point that grant of a patent does not automatically confer “right of use” of invention
Ethics – Case 4
Patents directed to methods of nuclear transfer and cloning
“Gene Patenting”
The purpose of Patent Law is not to impose restrictions or prohibitions on the requirements of public health, or compliance with certain ethical standards
Ethics – Case 4
Dolly – the world’s first cloned adult animal
And now…
Ethics – Case 4
“C.C.” – Copycat the world’s first cloned cat
Born Texas, USA, December 2001
Ethics – Case 4
Exclusions do exist as to the patentability of:
Processes for cloning human beings
Modifying germ line identity of humans
Modifying genetic identity of animals – if it will cause them suffering – without substantial benefit to man
Ethics – Case 4
Again illustrates that the grant of a patent is not indicative as to whether the use of a technology is permissible
Encourages and rewards investment in research and innovation
Publication of subject matter leads to dissemination of information
Incentives to develop new products
In spite of these, the following arguments stand strong in the case for patenting :
Contact
Murgitroyd Enterprise HouseInnovation Way
HeslingtonYork
YO10 5NQ
Tel: 01904 898 881Fax: 01904 898 882