Newcastle University October 2014 Angela King European Patent Attorney European Design Attorney Talk Outline What is IP Examples of IP in Industry Commercialising your IP Ethics of Patents and Other Monopoly Rights ID: 485906
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Slide1
AN INTRODUCTION TO INTELLECTUAL PROPERTY
Newcastle University October 2014
Angela KingEuropean Patent AttorneyEuropean Design AttorneySlide2
Talk Outline
What is IP?
Examples of IP in Industry Commercialising your IP
Ethics of Patents and Other Monopoly RightsSlide3
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential InformationSlide4
IP Rights
Reward research and development and prevent unauthorised exploitation of your rights
Very important in competitive marketplace
Is the road clear? – Even if you do not want to assert your own rights, you can still be in danger of infringing somebody else’sSlide5
Why Secure IP Rights?
Monopoly in marketplace
Barriers to entry for competition
Best return for expenditureSlide6
Intellectual Property
Patents
Trade Marks Designs
Copyright
Confidential InformationSlide7
Patents - General
Patents granted for ideas and inventions
A state granted monopoly – lasts up to 20 years
Rewards and encourages research and innovation
Prevents unauthorised exploitation of ideas or inventionsSlide8
Patents - General
Patents are not granted merely by filing an application
Application is examined by the Patent Office
Strict requirements
Absolute
Novelty – no prior public disclosure
Not
an obvious solution to the problem the invention
overcomes
Slide9
Application Contains
Specification
Claims
Application
stage – sets out scope of protection sought
Granted
patent – defines scope of enforceable protection Slide10
Typical Timescale for a National UK Patent ApplicationSlide11
International Patent Application ProcedureSlide12
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential InformationSlide13
Trade Marks are used to distinguish products and services
Any sign which is capable of distinguishing the goods and services of one trader from those of another
Trade Mark can be:
Word
Logo
Sound
Smell
Trade MarksSlide14
Trade Marks
Serves to establish goodwill and reputation in a product or service
Adds value to a company
Guinness
€2 Billion
Coca-Cola
Interbrand
Value $79.1 Billion (€61.3 Billion)
A good Trade Mark will be:
Not
descriptive of product
DistinctiveSlide15
Some Well Known Trade MarksSlide16
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential InformationSlide17
Registered designs
Protects aesthetic appearance –
not
the underlying idea
Can be registered or unregistered
Registered
design
Shape
or appearance
inc
surface decoration
Max
25 years
Unregistered
design “Design Right”
For
3D articles only
3D
shape and appearance (not surface decoration)
Max
15 years
Samsung Galaxy Tab
Apple iPadSlide18
Intellectual Property
Patents
Trade Marks
Designs
Copyright
Confidential InformationSlide19
Copyright
Copyright
Automatically
exists in original literary works
Copyright can exist in:
Literary Works life + 70 years
Musical Notation life + 70 years
Graphic Works life + 70 years
Sound Recordings 50 years
Photographs life + 70 yearsSlide20
Talk Outline
Patents
Trade Marks
Designs
Copyright
Confidential InformationSlide21
Confidentiality
Can protect company “know how”
An alternative to patenting?
Retain
the “secret step”
No
public disclosure required
But
!
-
No protection against independent creation by 3
rd
party
The importance of NDAs (Non Disclosure Agreements)Slide22
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Talk OutlineSlide23
IP
PORTAL TOUR
IP in Action
First product on market
“Dual Cyclone”
Bagless
System
Patents Obtained
Patent Expired – June 2001 at end of 20 year term
Slide24
IP
PORTAL TOUR
IP in Action
New product developed
Improvement on existing technology
Patents filed to secure 20 year monopoly term
Product now lead product in range
Much higher cost than original product
Slide25
Confidentiality – Success Stories
© The Drambuie Liqueur Company
© The Coca-Cola CompanySlide26
IP in Action
Designs – Shape of product
© Apple Computers
Patent protection
Copyright software
Trade MarkSlide27
IP in Action
Antiviral treatment for cold sores launched in 1981
Patent protection – Acyclovir – Expired 1997
Generics entered market
Launched as an over-the-counter brand
Now market leader in Europe
Trade mark –
Zovirax
Designs – Shape of container
Slide28
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and Other Monopoly Rights
Talk OutlineSlide29
Exploiting your IP
Keep idea confidential – a patent application can only be filed if the invention is new and has not been publicly disclosed
Consult with Research and Innovation service within University for commercialisation advice Slide30
Spin Out Companies
IP initially owned by University
Commercialisation of technology by a separate company
Often ownership of IP may or may not be assigned to spin out
Agreements very important in this situationSlide31
What is IP?
Examples of IP in Industry
Commercialising your IP
Ethics of Patents and
Other
Monopoly
Rights
Talk OutlineSlide32
The Ethical Debate
The grant of a patent
does not
give any positive right to use an invention
Many current “ethical debates” in relation to patentsSlide33
Ethics – Case 1
Oppositio
n to monopoly rights
Alternative – so called “
copyleft
” or “freeware”
Information free for all to use and modify
Example – Linux computer operating systemSlide34
Ethics – Case 1
Coca Cola – www.opencola.com
“Open source licensing”
Recipe provided to consumers
Improvements to recipe made freely available to others
Current recipe available on WikipediaSlide35
Ethics – Case 1
Debate relates to “Knowledge Ownership”
Free circulation of ideas
Against protecting ideas as Intellectual Property
Standard Licence Agreement termed “Copyleft” allows free use of material
GNU Public Licence – Allows freedom to share and changeSlide36
Ethics – Case 2
United States – government considered intervention to the Patent hel
d by Bayer to the Anthrax drug ciprofloxacin (Cipro)Slide37
Ethics – Case 2
5 further US companies had FDA approved generic Cipro products, but were precluded from manufacture by the Bayer patent
If US government authorised this manufacture, Cipro would effectively be deemed to be “off patent” to allow widespread production and increased availability of generic form of drugSlide38
Ethics – Case 2
Unlike in Canada, US government decided to maintain status quo of patent
Apotex
manufactured Cipro for Canadian government at 63c a pill (Bayer price $1.25)
Allegation that US government put patents before public healthSlide39
Ethics – Case 2
South Africa – 40 of th
e world’s largest drug companies sued the South African government to prevent attempts to reduce the cost of AIDS drugs by up to 90 percent
Pharmaceutical Manufacturers’ Association dropped this action in 2001 bowing to mounting public pressureSlide40
Ethics – Case 2
In Brazil generic retroviral drugs have been supplied free of charge by the Brazilian government to 105,000 people
Generic forms of retroviral drugs AZT, 3TC and
Nevirapine
lower treatment costs per day from $3.20 to $1.55Slide41
Ethics – Case 3
Various Patents granted for genetically modified organisms (GMOs)
GM crops can’t however by planted unless consented to by national law
Illustrates point that grant of a patent does not automatically confer “right of use” of inventionSlide42
Ethics – Case 4
Patents directed to methods of nuclear transfer and cloning
“Gene Patenting”
The purpose of Patent Law is not to impose restrictions or prohibitions on the requirements of public health, or compliance with certain ethical standardsSlide43
Ethics – Case 4
Dolly – th
e world’s first cloned adult animal
And now…Slide44
Ethics – Case 4
“C.C.” – Copycat the world’s first cloned cat
Born Texas, USA, December 2001Slide45
Ethics – Case 4
Exclusions do exist as to the patentability of:
Processes for cloning human beings
Modifying germ line identity of humans
Modifying genetic identity of animals – if it will cause them suffering – without substantial benefit to manSlide46
Ethics – Case 4
Again illustrates that the grant of a patent is not indicative as to whether the use of a technology is permissibleSlide47
Encourages and rewards investment in research and innovation
Publication of subject matter leads to dissemination of information
Incentives to develop new products
In spite of these, the following arguments stand strong in the case for patenting :Slide48
Contact
angela.king@murgitroyd.com
Murgitroyd
Enterprise HouseInnovation WayHeslington
York
YO10 5NQ
Tel: 01904 898 881
Fax: 01904 898 882