How to protectHow to protect researchresearch results?results?How to grant accessHow to grant access to research results?to research results?

Stimulating Croatia's Entrepreneurial Activities andStimulating Croatia's Entrepreneurial Activities andTechnology Transfer in EducationTechnology Transfer in Education

Bojan Benko, Ph.D.Bojan Benko, Ph.D.bojan.benko@dziv.hrbojan.benko@dziv.hr

Split, June 21, 2007Split, June 21, 2007

IP PROTECTIONIP PROTECTION

• IP classificationIP classification

• IP legislationIP legislation

IP IN ACADEMIC ENVIRONMENTIP IN ACADEMIC ENVIRONMENT

• PatentsPatents

• CopyrightCopyright

• Employer, inventor and IPREmployer, inventor and IPR

IP STATISTICSIP STATISTICS

CONCLUSIONSCONCLUSIONS

CCONTENTSONTENTS

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IP position and roleIP position and role

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IPIPSCIENCESCIENCE ECONOMYECONOMY

HEALTHHEALTH

CULTURECULTURE

IP P

ROTE

CTIO

NIP

PRO

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ION

Socio-economical function of intellectual propertySocio-economical function of intellectual property

IPIP

INDUSTRIALINDUSTRIALPROPERTYPROPERTY

COPYRIGHT ANDCOPYRIGHT ANDRELATED RIGHTSRELATED RIGHTS

UNREGISTEREDUNREGISTEREDIPIP

IP P

ROTE

CTIO

NIP

PRO

TECT

ION

Classification of intellectual propertyClassification of intellectual property

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Protection Protection at national at national

levellevel

InternationInternational al

protectionprotection

PATENTPATENT

TRADEMARKTRADEMARK

INDUSTRIAL DESIGNINDUSTRIAL DESIGN

TOPOGRAPHIES OF SEMICONDUCTOR TOPOGRAPHIES OF SEMICONDUCTOR PRODUCTSPRODUCTS

GEOGRAPHICAL INDICATIONS AND GEOGRAPHICAL INDICATIONS AND APELLATON OF ORIGINAPELLATON OF ORIGIN

Industrial propertyIndustrial property

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IP P

ROTE

CTIO

NIP

PRO

TECT

ION

COPYRIGHTCOPYRIGHT

LITERATURE CREATIONSLITERATURE CREATIONS

VISUAL ARTS (painting, sculptures, graphics)

MUSICAL WORK

AUDIOVISUAL WORK (cinematography, video)

COMPUTER PROGRAMS

DATABASES

CopCopyyright and related rightsright and related rights

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MULTIMEDIAMULTIMEDIA

PERFORMERS RIGHTSPERFORMERS RIGHTS

DRAMATIC OR DRAMATO-MUSICAL WORK

PHOTOGRAPHIC WORK

BROADCASTING

. . .

IP P

ROTE

CTIO

NIP

PRO

TECT

ION

• Know-howKnow-how• Business methodsBusiness methods• Business / trade secretsBusiness / trade secrets• Unprotectable inventionsUnprotectable inventions• Master seeds of distinctive microorganismsMaster seeds of distinctive microorganisms

(also can be protected by patent)(also can be protected by patent)• Special cell culturesSpecial cell cultures

(also can be protected by patent)(also can be protected by patent)• Traditional knowledge and cultureTraditional knowledge and culture

. . . . . .

Unprotected intellectual propertyUnprotected intellectual property

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• Copyright and Related Rights Act Copyright and Related Rights Act (Official Gazette 173/2003)

• Patent ActPatent Act (Official Gazette 173/2003)

• Trademark ActTrademark Act (Official Gazette 173/2003)

• Industrial Design ActIndustrial Design Act (Official Gazette 173/2003)

• Act on the Protection of Topographies of Semiconductor ProductsAct on the Protection of Topographies of Semiconductor Products (Official Gazette 173/2003)

• Act on Geographical Indications and Designations of Origin of Products Act on Geographical Indications and Designations of Origin of Products and Servicesand Services (Official Gazette 173/2003)

IP LegislationIP Legislation

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Basic IPR ActsBasic IPR Acts

IP P

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NIP

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IP LegislationIP Legislation (2)(2)

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IPR RegulationsIPR Regulations

• Patent RegulationsPatent Regulations (Official Gazette 72/2004)• Trademark RegulationsTrademark Regulations (Official Gazette 72/2004)• Regulations on Industrial DesignsRegulations on Industrial Designs (Official Gazette 72/2004)• Regulations on the Protection of Topographies of Semiconductor Regulations on the Protection of Topographies of Semiconductor

ProductsProducts (Official Gazette 72/2004)• Regulation on Geographical Indications and Designations of Origin of Regulation on Geographical Indications and Designations of Origin of

Products and ServicesProducts and Services (Official Gazette 72/2004)• Regulations on the Professional Criteria and Procedures for Granting Regulations on the Professional Criteria and Procedures for Granting

Authorizations for Performing Collective Management of Rights and on Authorizations for Performing Collective Management of Rights and on Remunerations for the Work Done by the Council of ExpertsRemunerations for the Work Done by the Council of Experts (Official Gazette 72/2004)

• Regulation on Special Charges and Charges for Information Services Regulation on Special Charges and Charges for Information Services Provided by the State Intellectual Property OfficeProvided by the State Intellectual Property Office ()IP

PRO

TECT

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IP P

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CTIO

N

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RESEARCH RESULTSRESEARCH RESULTS

DISCOVERIESDISCOVERIES INVENTIONSINVENTIONS

Topographies of Topographies of semiconductor semiconductor

productsproducts

Copyright

Know-how

Patent

Industrial designIndustrial design

ARTS & HUMANITIES,ARTS & HUMANITIES,EDUCATIONEDUCATION

TrademarksTrademarkssspin-off / spin-outpin-off / spin-out

ss pin

-off

/ s

pin

-pin

-off

/ s

pin

-out

out

IP in academic environmentIP in academic environment

Discovery and inventionDiscovery and invention

DISCOVERYDISCOVERY is scientific achievement based on the results of is scientific achievement based on the results of experiments, measurements, theoretical knowledge and experiments, measurements, theoretical knowledge and models. Its basic function is to increase the total knowledge models. Its basic function is to increase the total knowledge of mankind, thus it must be:of mankind, thus it must be:

• absolutely new andabsolutely new and• in accordance with the laws of nature.in accordance with the laws of nature.

INVENTIONINVENTION is practical solution of technical problem and must be: is practical solution of technical problem and must be:

• absolutely newabsolutely new• must have inventive step must have inventive step (non-obviousness(non-obviousness, , should not should not

be simple combination of already known inventions)be simple combination of already known inventions)• must be industrially applicable must be industrially applicable (based on the laws of (based on the laws of

nature and scientific knowledge)nature and scientific knowledge)

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PatentPatent

What is invention?What is invention?

• New machine or part of the machineNew machine or part of the machine• New deviceNew device• New materialNew material• New biological materialNew biological material ( (cell lines, microorganismscell lines, microorganisms))• New chemical compositionNew chemical composition• New drugNew drug• New technological processNew technological process• New use of already known inventionNew use of already known invention• New toyNew toy

… …

For complete list of inventions see International Patent Classification.For complete list of inventions see International Patent Classification.

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Patent Patent (2)(2)

What is not invention?What is not invention?

• DiscoveriesDiscoveries

• Scientific theoriesScientific theories

• Mathematical methodsMathematical methods

• Aesthetic creationsAesthetic creations

• Rules, instructions or methods for performing mental activities, Rules, instructions or methods for performing mental activities, playing games or doing businessplaying games or doing business

• Presentation of informationPresentation of information

• Computer programsComputer programs

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Patent Patent (3)(3)

Inventions excluded from patent protectionInventions excluded from patent protection

• inventions which concern animal breeds, plant varieties and inventions which concern animal breeds, plant varieties and essentially biological processesessentially biological processes (crossing, selection)(crossing, selection) for the production for the production of plants or animalsof plants or animals;;

• the human body, at the various stages of its formation and the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene;including the sequence or partial sequence of a gene;

• inventions which concern diagnostic or surgical methods or methods inventions which concern diagnostic or surgical methods or methods of treatment practiced directly on the human or animal body.of treatment practiced directly on the human or animal body.

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Patent Patent (4)(4)

UnUnpatentable inventionspatentable inventions

• processes for cloning human beings;processes for cloning human beings;• processes for modifying the germ line genetic identity of human processes for modifying the germ line genetic identity of human

beings;beings;• uses of human embryos for industrial or commercial purposes; anduses of human embryos for industrial or commercial purposes; and• processes for modifying the genetic identity of animals which are processes for modifying the genetic identity of animals which are

likely to cause them suffering without any substantial medical benefit likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.to man or animal, and also animals resulting from such processes.

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Patent Act, Article 7Patent Act, Article 7

• Inventions shall be considered unpatentable where their commercial Inventions shall be considered unpatentable where their commercial exploitation would be contrary to public order or morality.exploitation would be contrary to public order or morality.

(1)(1) Inventions shall be considered non-patentable where their commercial Inventions shall be considered non-patentable where their commercial exploitation would be contrary to public order or moralityexploitation would be contrary to public order or morality, in particular:, in particular:

Patent Patent (5)(5)

Before patent applicationBefore patent application

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• During preparation of your research project consider possible During preparation of your research project consider possible inventionsinventions

• Convince your team to think about possible invention based on new Convince your team to think about possible invention based on new discoveriesdiscoveries

• Early spotting of potential inventionEarly spotting of potential invention

• Search patent (and non-patent) databases to check is it newSearch patent (and non-patent) databases to check is it new

• If so prepare patent applicationIf so prepare patent application• Check if your invention has inventive stepCheck if your invention has inventive step ( (non-obviousnessnon-obviousness)) and is it and is it

industrially applicableindustrially applicable• If you don’t know how to do that ask for help or find patent attorneyIf you don’t know how to do that ask for help or find patent attorney

Patent Patent (6)(6)

Your promising invention can be ruined with poor patent Your promising invention can be ruined with poor patent application!application!

Patent applicationPatent application

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Patent Patent (7)(7)

1.1.Request for patent granting (P-1 form)Request for patent granting (P-1 form)

2.2. Patent applicationPatent application

- - Title of the inventionTitle of the invention

- - Description of the inventionDescription of the invention

- - Patent claimsPatent claims

- - DrawingsDrawings

- - Abstract of the inventionAbstract of the invention

VERY IMPORTANT!!!Detail procedure in: Detail procedure in: Patent RegulationsPatent Regulations (Official Gazette 72/2004)

3.3. Check list (number of pages, number of claims, number of Check list (number of pages, number of claims, number of drawings, attachmentsdrawings, attachments) )

Patent granting procedurePatent granting procedure

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Patent Patent (8)(8)

1.1.Payment of administrative feePayment of administrative fee

2.2.Filing of patent application (priority date)Filing of patent application (priority date)

3.3.Formal examination of patent applicationFormal examination of patent application

4.4.Publication of patent applicationPublication of patent application

5.5.Request for the examination of requirements for the grant of a Request for the examination of requirements for the grant of a patentpatent

6.6. PPayment of the administrative fee and procedural charges

7.7.Substantive examination of patent applicationSubstantive examination of patent application

8.8.PPayment of the administrative fee and procedural charges

9.9.Granting of patentGranting of patent

10.10.Publication of patentPublication of patent

PublicationsPublications• research publicationsresearch publications• booksbooks• multimedia contentsmultimedia contents• translationstranslations … …

Technical documentationTechnical documentation• projects projects • plansplans• reportsreports• drawingsdrawings• mapsmaps• computer programscomputer programs• databasesdatabases … …

Copyright & UniversityCopyright & University

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Artistic creationsArtistic creations• literary worksliterary works• musical worksmusical works• theatre performancestheatre performances• visual artsvisual arts … …

OtherOther• web contentsweb contents• exhibitionsexhibitions• TV / radio programsTV / radio programs … …

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What to do with our own creative work?What to do with our own creative work?

What to do with the works of othersWhat to do with the works of others??

Copyright & University Copyright & University (1)(1)

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• Care about own copyrighted workCare about own copyrighted work

• Keeping all records about the research from the project phase to the Keeping all records about the research from the project phase to the final resultsfinal results

• Reliable documentation with date and signature on every documentReliable documentation with date and signature on every document

• The role of all persons involved in the particular project:The role of all persons involved in the particular project:−creative or technicalcreative or technical−project leader, post-doc, student, researcher from other institution project leader, post-doc, student, researcher from other institution

etc.etc.

• Proof of the date of creation of the workProof of the date of creation of the work

Copyright & University Copyright & University (2)(2)

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Copyright and OrganisationCopyright and Organisation

Article 18 of Copyright LawArticle 18 of Copyright Law

The author shall have the exclusive right to do with his copyright work The author shall have the exclusive right to do with his copyright work and the benefits deriving from it whatever he likes, and to exclude any and the benefits deriving from it whatever he likes, and to exclude any other person from it, unless otherwise provided for by the law. This right other person from it, unless otherwise provided for by the law. This right shall include in particular:shall include in particular:• right of reproduction (right of multiplication);right of reproduction (right of multiplication);• right of distribution (right to put into circulation);right of distribution (right to put into circulation);• right of communication of the work to the public;right of communication of the work to the public;• right of alterationright of alteration

Copyright & University Copyright & University (2)(2)

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Restrictions of the Free Use of Own Published WorkRestrictions of the Free Use of Own Published Work

Eventual restrictions of free use of your own published results are not based on Copyright Law, but are mere consequence of contractual obligations between yourself and publisher.

Article 82 of Copyright LawA natural person may reproduce a copyright work in any medium if he does A natural person may reproduce a copyright work in any medium if he does so for private use, or in the form of photocopying and otherso for private use, or in the form of photocopying and otherpersonal use if this copy personal use if this copy is not intended for or accessible to the publicis not intended for or accessible to the public and and has no direct or indirect commercial purposehas no direct or indirect commercial purpose. It shall not be. It shall not bepermitted to reproduce the whole book, unless the copies of such book permitted to reproduce the whole book, unless the copies of such book have been sold out for at least two years, graphic editions ofhave been sold out for at least two years, graphic editions ofmusical works (hereinafter: sheet music), electronic databases, musical works (hereinafter: sheet music), electronic databases, cartographic works, nor the building of architectural structures, unlesscartographic works, nor the building of architectural structures, unlessotherwise provided by this Act or a contract.otherwise provided by this Act or a contract.

Article 84 of Copyright LawPublic archives, public libraries, Public archives, public libraries, educational and scientific institutionseducational and scientific institutions, , preschool educational institutions and social (charitable) institutions preschool educational institutions and social (charitable) institutions pursuing non-commercial purposes pursuing non-commercial purposes may reproduce the work from their own may reproduce the work from their own copy to any media in not more than one copycopy to any media in not more than one copy..

Copyright & University Copyright & University (2)(2)

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Reproduction of the Work for Private UseReproduction of the Work for Private Use

Article 85 of Copyright LawArticle 85 of Copyright Law(1) It shall be permitted (1) It shall be permitted to reproduce on paper or any similar medium and to reproduce on paper or any similar medium and

distribute particular portions (parts) of lawfully disclosed works, or integral distribute particular portions (parts) of lawfully disclosed works, or integral short worksshort works from the domain of science, literature and music, as well as from the domain of science, literature and music, as well as disclosed individual works of visual arts, architecture, applied arts and disclosed individual works of visual arts, architecture, applied arts and industrial design, photographic or cartographic works, and presentations of industrial design, photographic or cartographic works, and presentations of scientific or technical nature, in the form of a collection which contains scientific or technical nature, in the form of a collection which contains contributions of several authors, and which is, by its contents, and contributions of several authors, and which is, by its contents, and systematisation exclusively intended for teaching or scientific research, as systematisation exclusively intended for teaching or scientific research, as long as the source is indicated, unless the author expressly prohibits it. long as the source is indicated, unless the author expressly prohibits it. Reproduction and distribution of particular parts of copyright works shall not Reproduction and distribution of particular parts of copyright works shall not be considered as infringement referred to in Article 16 of this Act, unless the be considered as infringement referred to in Article 16 of this Act, unless the disclosure of particular part would jeopardize the honour or reputation of the disclosure of particular part would jeopardize the honour or reputation of the author.author.

(2) The authors of the works included in the collection referred to in paragraph (1) (2) The authors of the works included in the collection referred to in paragraph (1) of this Article, of this Article, are entitled to an equitable remunerationare entitled to an equitable remuneration for the reproduction for the reproduction and distribution of their works.and distribution of their works.

Copyright & University Copyright & University (2)(2)

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Collections Intended for Teaching or Scientific ResearchCollections Intended for Teaching or Scientific Research

Pliva dd, a unit of Barr Pharmaceuticals Inc, said Pliva dd, a unit of Barr Pharmaceuticals Inc, said the Commercial Court of Zagreb (Croatia) has the Commercial Court of Zagreb (Croatia) has ordered the company to pay a total about 43 mln ordered the company to pay a total about 43 mln Croatian Kunas (hrk), or about 4 mln stg, to Croatian Kunas (hrk), or about 4 mln stg, to certain former employees seeking allegedly certain former employees seeking allegedly overdue payment for their invention.overdue payment for their invention.

Employer, inventor and IPEmployer, inventor and IPRR

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Azithromycin caseAzithromycin case

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The company added it has 'strong grounds for an appeal' of the The company added it has 'strong grounds for an appeal' of the judgment and said the obligation to pay will not arise unless the judgment and said the obligation to pay will not arise unless the decision has been affirmed on appeal.decision has been affirmed on appeal.

The 43 mln hThe 43 mln hrrk comprises 39 mln as compensation plus accrued k comprises 39 mln as compensation plus accrued interest. The employees filed a complaint against Pliva in August 2001 interest. The employees filed a complaint against Pliva in August 2001 in connection with their invention entitled 'in connection with their invention entitled 'Procedure for obtaining Procedure for obtaining azithromycin dehydrate from azithromycin monohydrateazithromycin dehydrate from azithromycin monohydrate ', which is ', which is protected by a Croatian copyright.protected by a Croatian copyright.

ForbesForbesFridayFriday, , June June 11,,.2007..2007.

XII. IXII. INVENTIONS ANDNVENTIONS AND TE TECHNICALCHNICAL IMPROVEMENTS OF WORKERSIMPROVEMENTS OF WORKERS

IInvention realised atnvention realised at workwork or related to workor related to work

Article Article 96.96.• Worker is liable toWorker is liable to informinform employer about his invention resulting from employer about his invention resulting from

work or related to workwork or related to work..

• The data about the invention from paragraph The data about the invention from paragraph ((11)) of this articleof this article worker isworker is obliged toobliged to protect as businessprotect as business secrete andsecrete and is not allowed to inform is not allowed to inform tthird hird person about it without the consent of employer.person about it without the consent of employer.

• The invention from paragraph The invention from paragraph 1. 1. of this article belongs to employerof this article belongs to employer, a, and nd workerworker has right to compensation stipulated by collective contracthas right to compensation stipulated by collective contract, , work work contract orcontract or special contractspecial contract..

• If compensation is not stipulatedIf compensation is not stipulated as stated in paragraph as stated in paragraph ((33)) of this of this articlearticle, , the court will determine adequate compensationthe court will determine adequate compensation..

Employer, inventor and IPR Employer, inventor and IPR (1)(1)

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Labour lawLabour law

IInvention related to employer’s businessnvention related to employer’s business

Article Article 97. 97.(1)(1) If the invention is related to employer’s business, worker is obliged If the invention is related to employer’s business, worker is obliged

to inform employer about his invention not made at work and offer to inform employer about his invention not made at work and offer him in writing cession of the rights related to this invention.him in writing cession of the rights related to this invention.

(2)(2) Employer is obliged to respond to the offer of worker from Employer is obliged to respond to the offer of worker from paragraph (1)paragraph (1) of this article in a period of one monthof this article in a period of one month..

(3)(3) For the cession ofFor the cession of rights on the invention from paragraph (1)rights on the invention from paragraph (1) of this of this article provisions of the article provisions of the law of obligations about pre-emption rightlaw of obligations about pre-emption right are applied in adequate wayare applied in adequate way..

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Labour lawLabour law

Employer, inventor and IPR Employer, inventor and IPR (2)(2)

TeTechnicalchnical improvementimprovement

Article Article 98.98.(1)(1) If employer accepts to applyIf employer accepts to apply technical improvementtechnical improvement which worker which worker

suggestedsuggested, , he is oblige to pay compensationhe is oblige to pay compensation stipulated stipulated by by collective contract,collective contract, work contract or special contractwork contract or special contract..

(2)(2) If the compensation is not stipulated as stated in paragraph If the compensation is not stipulated as stated in paragraph 1. 1. of of this articlethis article, , the court will determinethe court will determine adequate compensationadequate compensation..

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Labour lawLabour law

Employer, inventor and IPEmployer, inventor and IPRR ((33))

• Of all IPRs the Labour law covers only inventions.Of all IPRs the Labour law covers only inventions.• Relations between worker and employer regarding IPR can be Relations between worker and employer regarding IPR can be

further defined by:further defined by: collective contract,collective contract, work contract.work contract. special contract,special contract, internal regulation,internal regulation, combination of these contracts and regulation.combination of these contracts and regulation.

• Faculties but not universities are legal entities which are going to Faculties but not universities are legal entities which are going to decide about IPR policy.decide about IPR policy.

Employer, inventor and IPEmployer, inventor and IPRR ((44))

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IPR StatisticsIPR Statistics

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1.1.1992.- 31.12.2006.

1.1.2007.- 22.05.2007.

1.1.1992.- 22.05.2007.

TRADEMARKS

Residents 13568 597 14165

Non-residents 18291 325 18616

Total 31859 922 32781

PATENTS

Residents 5328 149 5477

Non-residents 8459 49 8508

Total 13787 198 13985

INDUSTRIAL DESIGNS

Residents 2738 86 2824

Non-residents 740 77 817

Total 3478 163 3641

TOTAL 49124 1283 50407

Requests for the grant of industrial property Requests for the grant of industrial property (dated May 22, 2007)

IPR Statistics IPR Statistics (1)(1)

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Industrial property in force Industrial property in force (dated May 22, 2007)

ResidentsNon-

residentsTotal

Trademarks 7553 13539 21092

Under the Madrid Agreement 95744

116836

Patents 305 942 1247

Consenzual patents 233 73 306

1553

Industrial designs 984 417 1401

Under the Hague Agreement 958

2359

TOTAL 120748

1.1. IP legislation framework in Croatia is adequateIP legislation framework in Croatia is adequate..

2.2. IP enforcement, specially regarding copyright and related IP enforcement, specially regarding copyright and related rights, is still not efficient enough.rights, is still not efficient enough.

3.3. Academic community does not participate in intellectual Academic community does not participate in intellectual property protection as it should doproperty protection as it should do..

4.4. The legislative background of the relations between The legislative background of the relations between employers and inventors regarding IPR is at least employers and inventors regarding IPR is at least incomplete and insufficient.incomplete and insufficient.

5.5. As a consequence of As a consequence of 4.4., the legal position of the faculties , the legal position of the faculties vs.vs. universities may hamper the development of intellectual universities may hamper the development of intellectual property policy.property policy.

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CONCLUSIONSCONCLUSIONS

State Intellectual Property OfficeState Intellectual Property OfficeOf the Republic of CroatiaOf the Republic of CroatiaUlica grada VukovaraUlica grada Vukovara 78 7810000 Zagreb10000 Zagreb

T:T: (01) 6106 111(01) 6106 111(01) 6106 417, 6106 418(01) 6106 417, 6106 418 (receiving office)(01) 6106 436, 6106 410(01) 6106 436, 6106 410 (information)

F:F: (01) 6112 017(01) 6112 017E:E: ipo.croatia@dziv.hripo.croatia@dziv.hrW:W: http://www.dziv.hrhttp://www.dziv.hr

THANK YOU!THANK YOU!