innovator's guide to the ip galaxy
DESCRIPTION
Presented by Pria Chetty at the Innovation Hub's Technology Auction on 4 September 2014 on behalf of EndCode.TRANSCRIPT
STAR DATE: 04.09.14
PRIA CHETTY ENDCODER/
ENDCODE.ORG
INNOVATORS
GUIDE TO THE IP GALAXY
MISSION CONTROL:
Innovation Enterprise
Exploring Different Intellectual Property Worlds
Managing (third party) Alien Encounters
Beyond Traditional IP
The Innovation Enterprise
• “Yours — is the superior intellect.”
• “Boldly go where no man has gone before”Star Trek
Protect innovation?Commercialise innovation?Disseminate innovation?
Prevent violation of innovation?
EXPLORING DIFFERENT INTELLECTUAL PROPERTY WORLDS
Creatures of Statute (and Other Species)
• Legislation: Copyright, Trademark, Patents and Designs• Trade Secrets: Confidentiality and Non-Disclosure • Contracts: Rights and Obligations• Licences: Licensed Rights and Obligations
1
Planet COPYRIGHTCopyright holder has the exclusive right:
To Reproduce
To make adaptations based on the original work
To broadcast
To cause work to be transmitted in a diffusion service
To distribute copies
To perform
To display the work in public
Species: Literary, Musical, Artistic Works,
Films, Comp. Programmes
Planet Trademarks
Passing Off (what’s mine is not yours) Unauthorised use of actual mark
Use of mark (actual or similar) in relation to similar goods or services
Identical or Confusingly Similar
Species: Logo, Name (Brand)
Planet Trade Secrets
Violation of Restraint of TradeViolation of Non Disclosure
AgreementsSolicitation of Employees
Reverse EngineeringIndustrial Espionage
Species: Trade SecretFormula, Practice,
Process,
Planet Designs
NoveltyAesthetic = New & Original
Functional = New & Not Commonplace
Registration
Species: Aesthetic Designs
Functional Designs
Planet Patents
New Invention / Inventive Step / Capable of being used or applied in trade or industry or
agriculture
Patentability of Software
RegistrationNon-Examining Office
Species: Inventions,
Formula, Recipe
ALIEN ENCOUNTERS
Collaboration Environment
Project CollaboratorsFunder(s)
Third Party IPEmployeesEmployeesCustomers
ClientsIndependent Contractors
State
The Battles
IP in Outcomes/Inventions/ ProductsDissemination
OwnershipLicences
Commercial Terms of EngagementTerms of Sale
Own Intellectual Property?Manage Third Party Intellectual
Property Rights?
What are the Conditions of Access or Licence?
Qualification Criteria?Payment of Fees/ Royalties?
Modification?Distribution?Attribution?
IP Due Diligence(Outcomes)
Existing Intellectual PropertyProject Intellectual Property
Third Party Intellectual PropertyExisting Licences and Licence Conditions
Existing Royalties/ Fees PayableCompatibility of proposed Intellectual
Property within Project Objectives(Recommendations)
Commercialisation/ Dissemination Options IP Licensing Options
Project IP Licence Options
Due Care/ Rocket Fuel
IndemnitiesWarranties
DependenciesLimitation of Liability
JurisdictionGoverning Law
Dispute ResolutionNon-Disclosure
Definitions Clauses (Critical)Termination/ Early Termination
NEW FRONTIERS
All Rights Reserved?
I personally think intellectual property is an oxymoron. Physical objects have a completely different natural economy than intellectual goods. It's a tricky thing to try to own something that remains in your possession even after you give it to many others.
John Perry Barlow
What constitutes works stays the same, how works are commercialised & communicated is different
Increased ways to consume workIncreased methods to protect workAbility to reproduce and distribute
