Trademarks, Copyright, Registered Designs and Creative Commons

1. Intellectual property
Thomas J. Howard
https://sites.google.com/site/thomasjameshowardhomepage/
thow@mek.dtu.dk
Unless otherwise stated, this material is under a Creative
Commons 3.0 Attribution–Share-Alike licence and can be
freely modified, used and redistributed but only under the
same licence and if including the following statement:
“Original material by Thomas J. Howard for course 42629 – Innovation and Product Development
Department of Mechanical Engineering, The Technical University of Denmark”

2. How can we protect our
businesses from the
competition?
2 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

3. Intellectual Property Rights
•They give legal recognition to the ownership of
new ideas, designs etc.
•They give the owner of IPR the right to stop
others exploiting their property
•They create for the originator a system by which
they can benefit from their ingenuity
•The IPR can be treated as currency that can be
sold or licensed to others provided certain
conditions are met
3 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

4. The value of IPR
Patents
Registered Designs
Trade marks
Brand value in 2001 was $14.8 billion
Current patent portfolio valued at $3 billion
4 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

5. Forms of Intellectual Property Rights
Nature of the Intellectual Property Right (IPR)
Creative Reputation
Registered
Patent,
Registered Design, Trademark
Creation of IPR
Copyright
Inherent
Copyright, Unregistered
Trademark
Design right (passing off)
Creative Commons
5 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

6. Registered Design
•The design must be new and
materially different
•It covers appearance resulting from
the
lines, contours, colours, shape, text
ure or materials of a product
•Two exceptions are – Must-fit and
Must-match
•Three and two dimensional objects
are covered
•Duration – renewal every five years
but it can be extended to 25 years
•Provides exclusivity, preventing:
making, marketing, importing, expo design patent 48,160, Nov. 16 1915
US
rting and use of.
6 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

7. Unregistered designs
•Comes in automatically
•Must be original
•If produced by an employee it goes to employer
•Lasts 3 years (EU), can last up to 15 years in UK
•Owner has exclusive right to produce
•Where part of a larger/more complex
product, only the parts that are visible during
normal use are considered
•No protection over independently produced
designs!
7 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

8. Trade marks
Filing a community trade mark
(EU) costs €900:
http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electr
onic/fileApplicationCTM.en.do
Search for a trade mark here:
http://oami.europa.eu/CTMOnline/RequestManager/en_Se
archBasic?#
SM -
Symbol for a unregistered service mark
™- Symbol for a unregistered trade mark
- Symbol for a registered trade mark
8 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

9. Requirements of a Trade mark
•Should satisfy the requirements of the Trade Marks
Act 1994
–Now includes even sounds, smells and containers
•Should be distinctive
–Can‟t be a “laudatory” term
•Must not be deceptive
•Must not cause confusion with previous trade marks
•Initially for 10 years but renewable
•Can be revoked
9 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

10. Examples of Trademarks
•Coca-Cola bottle
•Chanel perfume bottle
•Bach’s „Air on a G-string‟
•The colour orange for scissor handles
•The sound of dog barking
•The slogan „exceedingly good cakes‟
Includes Domain Names Fiskars
10 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

11. Guinness Trademark
11 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

12. Marked apples
Apple Corps vs Apple Computer trademark infringement suit was settled in
1981 at US$80,000. As a condition of the settlement, Apple Computer
agreed not to enter the music business, and Apple Corps agreed not to
enter the computer business.
In 1991, another settlement involving payment of around US$26.5 million
to Apple Corps due to further infringement. Outlined in the settlement was
each company’s respective trademark rights to the term “Apple”. Apple
Corps held the right to use Apple on any “creative works whose principal
content is music”, while Apple Computer held the right to use Apple on
“goods or services...used to reproduce, run, play or otherwise deliver such
content”, but not on content distributed on physical media. In other
words, Apple Computer agreed that it would not package, sell or distribute
physical music materials.
http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
Image from sodahead.com
12 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

13. Copyright
•An inherent right but can be registered
•Springs into life when work is created
•Belongs to the person creating the work
•If the author is an employee it goes to the employer
•Ownership can be assigned & licensed
•Includes: literary, dramatic, musical & artistic
works, films, sound recordings, broadcasts etc.
•Prevents copying, distributing, adapting and
reproducing of original without royalty
© - Symbol for copyright
13 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

14. Copyright Timescales
Literary, musical, artistic Author lifetime
& dramatic works + 70 years
Date of 1st broadcast
Films, TV, radio & cable
+ 50 years
Date of publication
Publishers’ right (layout)
+ 25 years
14 DTU Mechanical Engineering, Technical University of Denmark Presentation name 17/04/2008

15. Copyright issues: Little Mermaid
The statue is still under copyright, and several
copies of the statue have provoked legal threats.
A replica was installed in Greenville, Michigan in
1994 to celebrate the town's Danish heritage. The
statue cost $10,000. In 2009 the town was sued
by the Artists Rights Society claiming the work
violated Eriken's copyright, and asking for a
$3,800 licensing fee. At only 30 inches (76 cm) in
height, the replica in Greenville is half the size of
the original, and has a different face and larger
breasts as well as other distinguishing factors.
Image Credit: http://www.myfreewallpapers.net/cartoons/...
15 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

16. Champagne and Cheddar
16 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

17. Creative Commons Licences
17 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

18. Which of the following could not meet the
criteria for a registered design?:
• A portable CD player
• A rubber sealing ring for the
door of the washing machine
• A toilet disinfectant cleaner
packaging
• A corkscrew
18 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

19. Which of the following can be registered as a
trademark?:
• A brand name
• The shape of a container
• A smell
• A domain name
• A colour
19 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

20. Questions
?
20 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark

21. Exercise
What non-patent IPR
would benefit your
business and in what
way?
21 Original material by Thomas J. Howard for course 42629 – Innovation and Product Development 2012
Department of Mechanical Engineering, The Technical University of Denmark