This is one of presentations from the 2009-2010 Game Industry Start Up Workshop Series. The first workshop topic was "How to Form and Protect Your Business" and it took place on 9/15/09.
4. WHY IP?
Prevent competitors from adopting
your technology without your
permission
Facilitate business deals
Get access to another company's
technology
5. WHY IP?
Increase company valuation at
financing or acquisition (and may
be the only valuable asset at
dissolution)
License, for additional revenue
streams
Credibility and marketability to
your company
6. WHAT IS IP?
User interface
Game play
Plot, characters
Music
Name
Code
Packaging
A-V aspects of game
And more . . .
7. WHAT IS IP?
Trademarks (= source identifiers)
Patents (= new ideas that have utility)
Copyrights (= original works of authorship)
Trade Secrets (= valuable secret information)
Other (= web, domains, contracts, etc.)
8. HOW?
TRADEMARKS:
Consider pre-clearing a mark before use
Use of a mark in commerce establishes
certain rights in the mark in the
geography of use
Trademark applications
Cheaper than patents by an order of
magnitude
Approx $1.5k for each trademark
Establish policies for trademark use and
police your marks on the web
11. HOW?
PATENTS:
You have one year after a public
disclosure, use, or sale in which to file
a patent application in the US (foreign
rights may be lost, however)
Consider provisional patent
application
Often less than $2k
Must be converted to regular
application within 1 year
15. HOW?
TRADE SECRETS:
Control access and disclosure of
financial data, lists, formulas
Consider NDAs, confidentiality
agreements and other contracts to
protect valuable information
16. HOW?
OTHER:
Domains: track renewal dates;
register defensively
Contracts: consider IP impact in all
contracts
Employees: assignments of IP and
non-compete agreements
Web: use legal notices and
appropriate EULAs/TOUs
17. HOW?
EULA:
MDY Indus., LLC v. Blizzard Entertainment, Inc., 2009
WL 223631 (D. Ariz. Jan 28, 2009)
Hernandez v. Internet Gaming Entertainment, Case
No. 07-21403-Civ-Cohn/Snow (S.D. Fla.)
18. HOW?
FOREIGN PROTECTION:
Patent and trademark rights only
extend to the country in which they
are issued or registered
Foreign protection is expensive
Pick your foreign IP markets
carefully
19. SUGGESTIONS
Strategize with your IP attorney now!
Accurately identify and strategically
manage your IP assets.
Even if you don't intend to pursue
formal protection now, put a plan in
place for the future.
Make decisions today that minimize
expense but still preserve the right to
pursue broad IP protection in the
future.