formula 1 racing and ip protection
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Formula 1 racing and ip protectionTRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
FORMULA ONE RACING AND IP PROTECTION
N.Vignesh KumaranPatents & Designs Department, Altacit Global
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
INTRODUCTION
Formula One was first defined in 1946 by the Commission Sportive
Internationale (CSI) of the Federation International Automobile (FIA),
forerunner of FISA, as the premier single seater racing category in worldwide
motorsport to become effective in 1948. When the 500c formula was
internationally recognised as Formula 3 in 1950 it was never titled as
"Formula C" so the three International Formulae were "officially" titled
Formula 1, Formula 2 and Formula 3. The regulations governing the cars are
unique to the championship. The Formula One regulations specify that cars
must be constructed by the racing teams themselves, though the design and
manufacture can be outsourced.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PATENTING F 1 RACING
• At the start of the 2014 F1 season some significant changes to the
rules and regulations were introduced, including changes affecting
engines and car designs. Although it has been a successful season
these changes can make it difficult to use patents effectively.
• Formula 1 teams do obtain patents for their technical innovations,
but these are usually for inventions which have relevance in a
commercial context, such as technology with application to
production cars: see McLaren`s patent US 6168545 B1 for geared
automotive differential mechanisms to transfer torque to the
wheels.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONT….
• Another example where the innovation would have commercial
application outside of Formula 1 is the telemetry and data innovations
developed by McLaren Applied Technologies. In Formula 1, this
technology has been used in the Standard ECU’s (electronic control
units). McLaren Applied Technologies has broadened the application of
these to diverse settings like children hospitals and London’s Heathrow
Airport. These sorts of commercial applications should foster a greater
attention to patenting.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
REASONS FOR AVOIDING PATENTS
• Formula 1 typically involves prototype cars, which are not
manufactured for commercial sale, the benefit of patent exclusivity
to provide an advantage in the marketplace is less evident.
• For one, obtaining a patent for an invention takes time, meaning
that the technology would likely become obsolete in the Formula 1
environment by the time that the patent is granted.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONT…
• In the context of Formula 1, where races are sometimes won by
milliseconds, every little advantage counts. Therefore, there is a clear
incentive to keeping a new invention “in-house”, rather than disclosing it
to the public. Formula 1 team prefers to rely on what are commonly
called “trade secrets” in order to protect their technical advantages.
• Further controlling people’s access and use of information by
confidentiality agreements, employment contracts, manufacturing or
supply contracts. By using secrecy as a tool to develop cars for the
upcoming season, teams ensure that their ideas protected, and they get
the first mover advantage.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TRADE SECRETS
• Trade secrets are essentially of two kinds. On the one hand, trade
secrets may concern inventions or manufacturing processes that do not
meet the patentability criteria and therefore can only be protected as
trade secrets. This would be the case of customer’s lists or
manufacturing processes that are not sufficiently inventive to be
granted a patent. On the other hand, trade secrets may concern
inventions that would fulfil the patentability criteria and could
therefore be protected by patents.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
COPYRIGHT
• Copyright is a form of intellectual property (as patents, trademarks and
trade secrets) right created by the law of a country, that grants the
creator of an original work exclusive rights to its use and distribution,
usually for a limited time, with the intention of enabling the creator to
receive compensation for their intellectual effort.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CASE LAW
FORCE INDIA AND AEROLAB
• The case centred around work done on the 2010 Caterham car, which was then known as Team Lotus. The work was undertaken by the wind tunnel company Aerolab, which had previously worked with Force India.
• Aerolab sued Force India for unpaid bills and Force India countersued for "misuse of confidential information relating to the design of a wind tunnel model as well as claims for infringement of copyright".
• Force India have issued a statement saying the judge had found "Team Lotus and Aerolab liable for copyright infringement and using confidential information respectively. Some parts created using Force India confidential information were used on the Team Lotus race cars in the early part of the 2010 season". The judgment has been referred to the sport's ruling body, the FIA, by Force India.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CASE LAW 2
• Ferrari alleged that former employee Nigel Stepney has passed on
critical technical details to McLaren. A hearing resulted in several
penalties for McLaren for illicitly collecting and holding information
from Ferrari to confer a dishonest and fraudulent sporting advantage.
McLaren was excluded from the constructors’ standings and a record
fine of US100 million was imposed.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Con
CONCLUSION
Formula one teams should be encouraged more by the Federation
International Automobile (FIA) to develop technologies that are
applicable in production or commercial cars, which can bring many
changes on patenting activities of F1.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THANK YOU