copyright patents and other intellectual property rights 17.1.2013 maria rehbinder,ll.m. legal...
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Copyright Patents and other Intellectual Property Rights
17.1.2013 Maria Rehbinder,LL.M. Legal Counsel (IPR) Research Support Serviceshttp://copyright.aalto.fi/en/
IPRhttp://www.handsoffmydesign.com
Research – Intellectual Property - Societal impact• To publish research results researcher makes
an agreement/ agreements concerning his/hers intellectual property
• To use invention commercially patenting is often required
• Open source use needs agreements – open source licenses are agreements concerning intellectual property
Copyright• Protects literary works that are authors own intellectual
creation bearing his personal stamp• If some other person doing the same task would achieve
the same product there is no personal expression• A computer program is protected as a literary work• A work has to be fixed to a certain form or performed• idea, information, subject matter are not protected• Protection of form, not the idea or information contained
in the form
Copyright
• Copyright consist of two economic rights and two moral rights
• Economic rights are the right to make copies and the right to make available to the public
• Moral rights are the paternity right and the right to respect: the name of the author has to be mentioned, the work must not be alterered without permission from the author
• Protection starts from the moment of creation and last the lifetime of the author plus 70 years from the year the author died
Exceptions to copyright as an exclusive right• In EU exception rules allow use, for example : Citation
according to good practice and use of photos, works of art to illustrate a scientific work
• Name of the author and the source have to be mentioned
• Commercial users such as publishers often demand that only cleared material be used
• Responsibility for illegally using the works of others s• severe, possibility of punitative damages in the USA• In USA and UK fair use
Open acces in scientific publishing
• The scientific community is moving towards open access, a model which provides access free of cost to readers on the Internet. Two basic models exist: Gold open access (open access publishing): payment of publication costs is shifted from readers to authors. These publication costs are usually borne by the university to which the researcher is affiliated. In Aalto University the cost can be included in project budget especially in research projects where open acces is required by the funding body.
Gold open access - Journal of Nanophotonics - SPIE Journals• Open access makes publications available to readers at
no personal or institutional charge. As of January 2013, all new articles published in SPIE journals for which authors pay voluntary page charges are open access immediately on the SPIE Digital Library. SPIE asks journal authors (and their employers or funders ) to provide such support to enable SPIE to hold down subscription prices and maximize access to the research published in SPIE journals. Many authors and institutions provide this support and will now obtain open access for their articles by doing so.
Use of Creative Commons Licences in Scientific Publishing • Increasingly, employers and research funders require
authors to publish their articles with open access and authors want to do so in order to expand the reach of their research. SPIE provides the benefit of immediate open access for all articles for which voluntary page charges are paid. In these cases, authors retain copyright and SPIE licenses these articles under the Creative Commons Attribution license (CC-BY 3.0). For more information about Creative Commons, please visit the Creative Commons Web site.
SPIE journals example ….
• SPIE recognizes that researchers have modest funds. The voluntary page charges will continue to be low: $100 per published two-column page (for journals with both print and online formats) and $60 per published one-column page (for journals with an online format only).Researchers may continue to publish their articles in SPIE journals if they do not pay page charges. This decision will have no impact on the review process or timing of publication for such articles. If they are accepted, these articles will be published under access control with the standard SPIE transfer of copyright.
Open Archive
• ‘Green’ open access (self-archiving): the published article or the final peer-reviewed manuscript is archived by the researcher in an online repository before, after or alongside its publication. Access to this article is often delayed (‘embargo period’) at the request of the publisher so that subscribers retain an added benefit. In Aalto University the open archive is at the moment
Aalto University Publication Archive
• https://aaltodoc.aalto.fi/• Aalto University publication archive. The goal of the
archive is to increase the visibility, use and impact of the university's research publications by offering them to use through the university's own archive.
• The archive consists of full text materials produced in the university, such as theses, journal articles, conference publications and research materials produced by the schools of Aalto University.
Institutional Repository
• The four main objectives for having an institutional repository are:– to provide open access to institutional research output by self-
archiving it;– to create global visibility for an institution's scholarly research;– to collect content in a single location;– to store and preserve other institutional digital assets, including
unpublished or otherwise easily lost ("grey") literature (e.g., theses or technical reports).
An Example of an Open Acces Repository at MIT• Example : The MIT Open Access Articles collection
consists of scholarly articles written by MIT-affiliated authors that are made available through DSpace@MIT under the MIT Faculty Open Access Policy, or under related publisher agreements. Articles in this collection generally reflect changes made during peer-review.
• http://dspace.mit.edu/handle/1721.1/49433
MIT Amendment to the Publication Agreement • This Amendment hereby modifies the attached
Publication Agreement • Publication agreement is subject to an irrevocable, non-
exclusive license previously granted by the Author to the Massachusetts Institute of Technology (“MIT”). Under that license, MIT may make the Article available, and may exercise any and all rights under copyright relating thereto, in any medium, provided that the Article is not sold for a profit, and may authorize others to do the same. http://dspace.mit.edu/handle/1721.1/49433
Open acces in scientific publishing
Research funding bodies such as EU demand open acces publishing for example EU Commission 17.7.2012 COM(2012) 401:Research results, including both publications and data collections, need to be circulated rapidly and widely, using digital media.•Open access policies implemented under ‘Horizon 2020’, the EU’s Framework Programme for Research and Innovation (2014-2020). Researchers are not prevented from patenting their inventions and the protection of intellectual property rights in the EU will not suffer.
Open acces to research data in EU
• Goal to improve access to research data (experimental results, observations and computer-generated information) which form the basis for the quantitative analysis underpinning many scientific publications.
Intellectual Property
Needs to be registered: •Patents •Registered trademarks, circled R•Registered Designs•Utility Models•Domain names
I
• Does not need to be registered
• Copyright• Unregistered
trademark TM• Unregistered design
I P that cannot be registered if disclosed before registration• Patents
• Utility Models
• Design Right (in Asia) in Europe 12 month grace period
• A NON-DISCLOSURE AGREEMENT ( NDA) is needed in research projects to make patent or utility model registration possible
• Application for registration has to be filed before publishing
I
Intellectual property
• Intellectual property created by research often requires registration before being published
• Clear agreements are needed order to define ownership of intellectual property
• Contracts concerning IPR• For employees :
https://inside.aalto.fi/display/tutkimuksentukipalvelut/Mallisopimukset#Mallisopimukset
• http://ace.aalto.fi/ File innovation online – employees required to report innovations that could be patented
Practical considerationsPractical considerations
• Agreements to publish are signed by the individual researcher/researchers writing the article. Permission to publish is needed from accountable project manager according to the project agreements.
• When researchers are moving from one university or research department of a company to an other they do not automaticly have the right to all the background in the old university / company – Solution is an agreement granting user rights from the old employer
• When starting a project it should be discussed what kind of background is used and who owns this background
Patents
• Prevents others from using the patented invention for the duration of the patent. Patents last for a maximum of 20 years from application ( pharmaceutical patents + 5 years possible )
• exceptions for experimental use, for research to extend knowledge by improvement or variation on the patent
• In Aalto University File the invention online service by ACE http://ace.aalto.fi/ optional for students, required of employees to report inventions .It takes time to draft patent claims 6 months – 1 year, patent application has to be filed before publishing the results
Patent
• Accepted, published patents are a source of information for research
• Espacenet offers free access to more than 70 million patent documents worldwide, containing information about inventions and technical developments from the year 1836 to today http://www.epo.org/searching/free/espacenet.html
• About 94 % of the patents published in espacenet are no longer effective, in these the information can be used freely also for commercial purposes
http://www.slideshare.net/JSchox/what-do-startups-need-to-know-about-patent-law
To find the right abstraction level is essential for patenting • Too General is not patentable•INVENTION that can be patented•Too specific does not have enough commercial value to be patented
Look up Schox videos about patenting from copyright.aalto.fi/en website
Database right
• A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means
• Protection lasts 15 years from completion • Protection to investor for example university, no
originality required• Original compilation can get copyright protection
• Use the circled C then , year of publication , the name of the author Copyright 2012 Ronald Researcher (for example in PhD Thesis ) or Copyright © 2012 Aalto University (for projects results )
• It is possible to choose an IPR strategy where you inform people that for example a presentation can be used as defined by a Creative Commons lisence
• http://creativecommons.org/choose/ • Check with accountable project leader the copyright
mark usage or publishing with a CC-license
The Copyright mark C can be used by all authors
Trademark
• Trademark is used to distinguish products or services of one trader from another in the market
• Word or a figure or a combination of these• The form of a package or tune• A project can register the name of the project or some
other relevant name as a trademark• Aalto University is a trademark registered and owned by
the university• TM mark is used without registration, circled R is for
registered trademarks
Design right
• When a design right is registered, the registration is valid for five years from the filing date and can be renewed for four further periods of five years, 25 years max
• The registered designs are available in national PRH and OHIM databases
RCD 000181607-0001Apple Inc.
Design right
Intellectual Property
• Can be lisenced, ownership can be transferred• As a student and as an entepreneur you choose IPR
strategies in how you choose to protect and lisence your intellectual property
• Aalto employees must report invention online to ACE Aalto Center for Entepreneurship http://ace.aalto.fi/
• If patenting is done by Aalto, researcher gets a percentage of net income from patent, usually 40 %
Revenue from patents
• Selling ownership of patent portfolio or company + patents
• Stick licensing- claim patent infringement, start court proceedings in order to force company to buy a license
• Carrot lisencing – licenses form an attractive package for the buyer
• Carrot lisencing – service + a license form an attractive package for the buyer