Introduction to IPPresentation to BASME
15 October 2014
Niall Head-RapsonMcDaniel & Co
Introduction to IP
• Niche IP Practice• Jesmond based• 9 Years
Types
• Registered• Unregistered
Registered
• Patents• Design• Trade Mark
Unregistered
• Copyright• Database Rights• Confidential Information• Trade Mark• Design
Trade Marks
• A sign• Perpetual• Differentiate the goods and services of one
undertaking from another• 45 Classes of Goods and Services• Universal classification• UK• Community
1 January 1876
1 January 1876
Trade Mark Cost
UK CTM
Application Fee £200 900 €
Extra Class £50 150€
Grant Fee (850€)
Extra Class 150€
Design
• 25 Years protection• No copying required• Worldwide• UK and Community• 12 Month
Design
• UK and Community Registered Design• "design" means the appearance of the whole
or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.
'Medical device for measuring urine flow
Design CostApplication fee
Publication Fee
Deferment Fee
Community 1 230 € 120 € 40 €
Community 2-11 115 € 60 € 20 €
Community 12+ 50 € 30 € 10 €
UK 1 £60 0 £20
UK 2+ £40 0 £20
Unregistered Design
• Automatic• UK and Community• 3 to 10 year protection
UK
• "design" means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article.
• 15 years from the date of creation or 10 years from the end of the year in which the design was first put onto the, market within the EEA
Community
• Council Regulation (EC) No. 6/2002 • new and has individual character • three years from the date on which the design
was first made available to the public within the Community.
Patent
• Novel• Inventive Step• Capable of Industrial Application• Not Excluded
Patent
• Priority Date• Field of Invention• Inventor• Proprietor
Prior Art
Prior Art Invention
What Has Gone Before?
Novelty
Prior Art Invention
Novelty
Prior Art
Invention
Priority dateTime
Inventive Step
Prior Art Invention
Obvious?
Patent
• First to File• First to Invent (U.S.)
Ownership
• Inventor• Employee in the Course of Employment• See US
Patent
• Cost of Prosecution– Official fees– Translation Costs– Agents Fees– Renewal Fees
• Cost of Litigation– 2002 – UK £1million+– Germany € 350 000
Copyright
• Universal• Berne Convention• Universal Copyright Convention• Copyright Designs and Patents Act 1988
Copyright
• Original Literary Artistic– Literary includes software programs
• sound recordings, films or broadcasts • the typographical arrangement of published
editions
Database Rights
• database" means a collection of independent works, data or other materials which -
• (a) are arranged in a systematic or methodical way, and
• (b) are individually accessible by electronic or other means
Copyright v Database
• Copyright Life of Author plus 70• Typographical Arrangement 25 years• Database 15 years
Copyright
• Authorship• Ownership
– Author first owner– Employee in course of employment
• Joint ownership
Confidential Information
• Secret• Substantial• Be received in confidence
Confidential Information
• Trade Secrets: formulae, recipes, production methods, test results, information obtained by research
• Business Secrets: budgets, customer lists, marketing plans
• Personal Information: diaries, photographs, • Professional Information: information supplied to a
solicitor, accountant or other professional advisor in the course of his or her professional duties
Confidential Information
• Damage• Public Domain
Niall Head-RapsonMcDaniel & Co
19 Portland TerraceJesmond
Newcastle NE2 1QQ
0191 281 [email protected]