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Intellectual property protection
- 1. property protection (Business studies Grade:11)
- 2. Table of conTenT . What Is Intellectual Property? . Quick Overview of the Primary Types of IP: Copyrights, Trademarks, Trade Secrets .Utility & Design Patents .Intellectual property law .Tools for protecting content .What is an Insider? .Tools that can greatly enhance marketing strategies .How To Choose a Trade-mark .Why License Intellectual Property? .List of references
- 3. What Is Intellectual Property (IP)? Refers to a category of exclusive rights created by statute, including: – Copyrights – Trademarks – Trade Secrets – Utility Patents – Design Patents
- 4. Continue… Typically the right to exclude or prevent someone from doing something Usually req. gov’t registration; Enforce it in court As business tools: – Copyrights: protect content; expression – Trademarks: enhance marketing strategies – Trade Secrets: keep proprietary info confidential – Patents: obtain exclusivity in your market niche Utility: functionality; Design: appearance © 2013 Knobbe, Martens, Olson & Bear, LLP all rights reserved.
- 6. Tools for protecting content Provided to authors of “original works of authorship” Exclusive right to a work of expression, such as a written story, a photograph, or a computer program Not for things that are functional (that’s utility patents) Protection lasts for a very long time – 70 years after death; 95+ years for corporate author © 2013 Knobbe, Martens, Olson & Bear, LLP all rights reserved.
- 7. What is an Insider? The insider has privileged access to your organization’s network resources and intellectual property The insider may be motivated to steal intellectual property or may be an unaware target with access that acts as a proxy for a criminal on the outside Many things can motivate an insider to steal IP
- 8. Tools that can greatly enhance marketing strategies Is any symbol capable of identifying and distinguishing its owner’s products from those of others
- 9. Trademarks and Service Marks “What It’s Called” or “What It Looks Like” Always an adjective – never a noun
- 10. Trademarks and Service Marks
- 11. Trademarks and Service Marks Trade Name Company name can be a trademark or service mark – usually a “house mark” Apple Walt Disney World Mercedes Louis Vuitton Geico Duck Commander CBS
- 12. Copyrights “What it looks like”, “what it sounds like” – Constitutional and statutory protection – Original expression of ideas (but not ideas) • Books • Song lyrics • Plays • Text, graphics, artwork, music, database, software, documentation, packaging, advertisements, commercials, websites
- 13. Copyrights Copyright Rights Right to reproduce Right to prepare derivative works Right to distribute copies Right to perform publicly Right to display publicly Types of copyrights Joint Works Derivative Works Compilations Work for Hire
- 14. Patents “What it does” – method, process or apparatus Types of Patents Utility Patents Plant Patents Design Patents Types of Patent Applications Provisional Traditional One year bar date
- 15. TRADE-MARKS ACT R.S. 1985 “trade-mark" means (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others, (b) a certification mark, (c) a distinguishing guise, or (d) a proposed trade-mark
- 16. How To Choose a Trade- mark Choose an inherently strong mark – these marks are given the highest level of protection mark is creative; do not describe the quality or features of the goods and service Eg. Google, Apple, Amazon, Indigo
- 17. Choose a Distinctive Trade-mark Trade-marks will not be registered if: Name or surname of person who is living or deceased within past 30 years (eg. Cheung) Descriptive or misdescriptive (eg. “Fast” for car, “Apple” for juice) Name in any language of the goods and services Confusingly similar to another trade-mark or trade name
- 18. Choose a Distinctive Trade-mark A non-registrable trade-mark can be registered if it has become distinctive at the date of filing an application for its registration. See section 12 of the Trade-marks Act
- 19. Choose a Distinctive Trade-mark How To Choose a Trade-mark: 1. Conduct a NUANS search 2. Internet and Google search 3. For international and North American coverage: retain a specialized search firm
- 20. Examples of Famous Marks • WARES: (1) Stationery, school and office supplies namely, binders, student planners, notebooks, portfolio covers, bookbags, pouches for carrying school materials, book covers, briefcases, pen and pencil holders, school bags, knapsacks, gym bags, calendars and pocket calendars; computer software in the field of health and fitness used to manage digital music, store and organize digital music, create custom CD's, download digital music from the internet, build, manage and transfer play lists, categorize music by tempo, log fitness data, namely times, paces, heart rate and injuries, create workout schedules and goals, download data from a watch to a computer; electrical, electronic communications and digital audio equipment and accessories, namely portable digital music players, calorimeters, and carrying cases for these items; radio link watches which contain a radio frequency transmitter, receiver and/or transceiver used to monitor heart rate, speed and distance, communicate with wheel sensors on bicycles and control digital audio equipment; watches which include altimeters, compasses, pedometers, chronographs, speed distance monitors with speed sensor, heart rate monitors.
- 21. Colour as a Claim • COLOUR CLAIM: Colour is claimed as a feature of the trade mark. The border of the label is black. The background is pale gold. The three elliptical rings are a darker shade of the same gold. The words TIM HORTONS are red. The words ALWAYS FRESH are dark brown. • WARES: (1) Donuts, donut holes, bagels, muffins, cakes, biscuits, cookies, pies, coffee beans and ground coffee, sandwiches, soups, chili, soft drinks, juice, and prepared non-alcoholic beverages namely, coffee, specialty coffees including cappuccino, hot chocolate, and tea. • SERVICES: (1) Sit-down and take-out restaurant services
- 22. How Many Trade-marks Can Be Registered To Protect This Product?
- 23. TRADE-MARK: REGISTRATION: TMA562648 (Color is claimed) TRADE-MARK: REGISTRATION: TMA290252 (shape of the box) DISTINGUISHING GUISE: REGISTRATION: TMA164635 (tread design) TRADE-MARK: REGISTRATION: TMA355239 TRADE- MARK: TOBLERONE REGISTRATION: TMDA051412
- 24. Why License Intellectual Property? Expand existing market share (eg. franchising) Expanding into new territories (eg. setting up international affiliates) Co-branding arrangements (eg. “Intel Inside”, MBNA credit cards with universities)
- 25. Licensing Intellectual Property Grant of License. Licensor hereby grants to Licensee, for the internal use of the Licensee only, a non-exclusive, non-transferable, revocable and royalty-free license (the “License”) to use the Intellectual Property for the purpose of providing software development to clients exclusively located in the United States of America, with a focus on the provision of micro payment services in connection with corporate clients in retail. Unless prior written approval is obtained from the Licensor, the Licensee shall not use the Intellectual Property for any other purpose.
- 26. Licensing Intellectual Property License Restrictions. The grant of License is subject to the following restrictions: 1.Licensee shall not use or distribute the Intellectual Property for any purpose outside of the joint venture. 2.Licensee shall not market, distribute, export, translate, transmit, merge, modify, transfer, adapt, loan, rent, lease, assign, share, sublicense or make available to another person or individual the Intellectual Property in any way, in whole or in part. 3.Licensee agrees to take all precautions to prevent third parties from using the Intellectual Property in any way that would constitute a breach of this Agreement, including without limitation, such precautions as Licensee would otherwise take to protect its own intellectual property and confidential information.
- 27. List of references http://www.slideshare.net/matti422/intellectual-property-basics-3288510 (accessed 08/03/2014) http://www.slideshare.net/teresacheung/protecting-ip-and-trade-secrets-oct2908?qid=5eb92b3d- 752a-44bf-8538-0d2b009e0345&v=qf1&b=&from_search=3 (accessed 08/03/2014) http://www.slideshare.net/isightsoftware/recognize-and-protect-your-intellectual- property?qid=5eb92b3d-752a-44bf-8538-0d2b009e0345&v=qf1&b=&from_search=5 (accessed 08/03/2014) http://www.slideshare.net/fboshell/intellectual-property-rights-31666576?qid=5eb92b3d-752a- 44bf-8538-0d2b009e0345&v=qf1&b=&from_search=7 (accessed 08/03/2014) http://www.slideshare.net/tomwinfrey/intellectual-property-5007463 (accessed 08/03/2014) http://www.slideshare.net/nullsession/insiderthreatjohnsonfeb2014?qid=a1c8c513-ea86-4fa3- bc42-78a2e741babd&v=qf1&b=&from_search=1 (accessed 08/03/2014)
Hinweis der Redaktion
- Three other IP statutes not commonly known: Industrial Design Integrated Circuit Topography Plant Breeders Rights
- This is the definition of TM in the TM Act The important word here is “distinguish” To distinguish goods and services between the owner of the TM and the products and services of others – original purpose was to protect consumers so that consumers know where the product comes from and therefore safe for consumption - evolved to protect manufacturer and owner – cases in which the brand is protected – the auto mfg Jaguar recently sued a luggage mfg for depreciation of goodwill Eg. Coke v. Pepsi v. cott Certification mark – indicates that the good or service meets a certain standard - eg. woolmark, CSA, VQA Distinguishing Guise – the shape of the products indicates its origin – eg. Coke bottle, Toberone chocolate bar "distinguishing guise" means (a) a shaping of wares or their containers, or (b) a mode of wrapping or packaging wares the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; certification mark" means a mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to (a) the character or quality of the wares or services, (b) the working conditions under which the wares have been produced or the services performed, (c) the class of persons by whom the wares have been produced or the services performed, or (d) the area within which the wares have been produced or the services performed, from wares or services that are not of that defined standard;
- This is the definition of TM in the TM Act The important word here is “distinguish” To distinguish goods and services between the owner of the TM and the products and services of others – original purpose was to protect consumers so that consumers know where the product comes from and therefore safe for consumption - evolved to protect manufacturer and owner – cases in which the brand is protected – the auto mfg Jaguer recently sued a luggage mfg for depreciation of goodwill Certification mark – indicates that the good or service meets a certain standard - eg. woolmark, CSA, VQA Distinguishing Guise – the shape of the products indicates its origin – eg. Coke bottle, Toberone chocolate bar
- Example is Cnd trade-mark owned by Cdn business; and an US business with a similar mark tries to expand its market share into Canada. The U.S. business tries to register the name in Canada. The Canadian business didn’t register its TM in Canada. The two businesses are competing in the same region. Canadian business has to deal with consumer confusion. 12. (1) Subject to section 13, a trade-mark is registrable if it is not (a) a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the wares or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; (c) the name in any language of any of the wares or services in connection with which it is used or proposed to be used; (d) confusing with a registered trade-mark; (e) a mark of which the adoption is prohibited by section 9 or 10; (f) a denomination the adoption of which is prohibited by section 10.1; (g) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication; (h) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication; and (i) subject to subsection 3(3) and paragraph 3(4)(a) of the Olympic and Paralympic Marks Act, a mark the adoption of which is prohibited by subsection 3(1) of that Act. Idem (2) A trade-mark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration.
- 12. (1) Subject to section 13, a trade-mark is registrable if it is not (a) a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the wares or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; (c) the name in any language of any of the wares or services in connection with which it is used or proposed to be used; (d) confusing with a registered trade-mark; (e) a mark of which the adoption is prohibited by section 9 or 10; (f) a denomination the adoption of which is prohibited by section 10.1; (g) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication; (h) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication; and (i) subject to subsection 3(3) and paragraph 3(4)(a) of the Olympic and Paralympic Marks Act, a mark the adoption of which is prohibited by subsection 3(1) of that Act. Idem (2) A trade-mark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration.
- Seek legal advise when choosing a trade mark. 12. (1) Subject to section 13, a trade-mark is registrable if it is not (a) a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the wares or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; (c) the name in any language of any of the wares or services in connection with which it is used or proposed to be used; (d) confusing with a registered trade-mark; (e) a mark of which the adoption is prohibited by section 9 or 10; (f) a denomination the adoption of which is prohibited by section 10.1; (g) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication; (h) in whole or in part a protected geographical indication, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication; and (i) subject to subsection 3(3) and paragraph 3(4)(a) of the Olympic and Paralympic Marks Act, a mark the adoption of which is prohibited by subsection 3(1) of that Act. Idem (2) A trade-mark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration.
- One of the important considerations is not only what your trade-mark represents today but in the future. Interesting to note that other than sports related products, NIKE may go into the music downloading business. REGISTRATION: TMA576630
- In the U.S. sound can also be claimed Think about the Intel and Microsoft Windows
- Now that we’ve identified different types of intangible assets and IP, how do we protect and exploit the assets for revenue? Transfer or assignment or License Agreement
- Example of a License term Non-exclusive (can grant the license to another party) Non transferable Revocable Royalty free or license fee Geographical region is United States Use – software development focusing on micro payment services in retail
- Restrictions: In U.S. only Not outside JV