Irish Patents Office Presentation, OMiG May Meet Up

© Patents Office 2015

Intellectual Property

for Business

Mary Flynn

26 May 2015

© Patents Office 2014

Valuable assets

A company’s intangible assets – Brands Inventions Designs Human capital and know-how

Often more valuable than a company’s physical assets

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Main Intellectual Property Rights

Trade Marks

Industrial Designs

Patents

Copyright

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Trade Marks

“Any sign capable of being represented graphically… which is capable of distinguishing the goods or services of one undertaking from those of other undertakings”

oami.europa.eu

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Trade marks (continued)

• Must be registered – nationally or at EU• then allowed to use “®” • “TM” is not an indication that the mark is registered. These marks

not protected by trademark law (but may be other legal considerations)

• Absolute monopoly – strongest protection• prevent others from using, without preconditions

• Can be kept alive indefinitely• Requirements:

• Must be distinctive, • can’t be descriptive• Only for designated goods/services

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www.oami.eu.int

Community Trade Mark

Unitary protection

Mark valid in all EU Member States

Single application

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The overall look of the product resulting from the ...• Lines• Colours• Textures• Contours• Materials• Ornamentation

(not the function)

Designs

www.newgadgets.de

© Patents Office 20148

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What Do You Think?

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PATENTS

“A Government grant of the exclusive right to make, use, or sell an invention, usually for a limited period”

Encyclopaedia Britannica

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An invention must be

New/Novel

Inventive step

Industrial applicability

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Patents - Protection in Ireland

Via Irish Patents Office

Via European Patent Office (EPO)

(38 Contracting States to EPC)

Via (WIPO) Patent Co operation treaty

(PCT) (147 Contracting States to PCT)

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What is Copyright

Copyright is a property right, given toauthors/creators of literary of artistic work

such as music, songs, films, books, computer programmes, etc.

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Copyright and Business

Use of a TV or Radio in a public space must be paid for.

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Why is IP useful?

• Your IP:• Adds to balance sheet of a company – potentially increase value

if selling on.• Facilitates licensing revenue• Use as security for borrowing• Marketing (“our newly patented technology..”)

• Knowing about IP:• Don’t miss opportunities: Allows you to secure protection before

the chance is lost• Early warning: Allows you to identify possible infringement

problems early on (someone else infringing your IP, or you infringing someone else’s). Enough time to prepare a strategy

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Searching of IP Databases

Search the Trade Mark/Patent/Design Databases at www.patentsoffice.ie

Consider your market IP rights are territorial “Google” not sufficient as a search tool

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Why Register your TM

Official legal record/Proof of ownership

Irish Patents Office cite registered TMs

Prevent others from using the trade mark without permission

Access to Infringement Proceedings

Licensing

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Why patent inventions?

Do not need a patent in order to exploit an invention; But without a patent an inventor would not be able to prevent others from copying the invention.

© Patents Office 2014

What should I do?

Ask yourself if you have IP or if you intend to use IP owned by others.

If your business is based on an invention, take care about disclosure or publication.

Look before you leap –undertake searches of patent, TM and design databases .

Consider your market. Consider the life cycle of the product. Consider the costs. Reflect IP in business strategy and planning.

© Patents Office 2014

Ownership

Employee V Contract

Owner of IP rights in a business eg Partnership

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Services Available from Patents Office

General Information on IP

Searching of IP Databases

Registers of Trade Marks, Patents & Designs Register of Copyright Licencing Bodies Register of Patent/TM Agents

Official Journal

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Services Available from Patents Office (cont’d)

IP Legislation

Links to other National & International IP Offices – www.innovaccess.eu

Speakers available

Clinics

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What we don’t do!

Don’t advise

Don’t have Copyright Register

Don’t get involved in Legal Proceedings

Don’t perform the functions of a Patent/TM Agent

© Patents Office 2014

Consult Experts

Patent Agents

Trade Mark Agents

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Contact Us

Website: www.patentsoffice.ie

Email: [email protected]

Phone: LoCall (1890) 220223

or (056) 7720111