Transcript Intellectual Property

Intellectual Property
© Chris Dowlen 2002, 2006, 2010 & 2011
Daily Telegraph, 25
November 2010
Finland’s taxi drivers have
been ordered by the supreme
court to pay royalty fees if they
play music when they have a
fare on board
Professional Engineering, December 2002
All creative endeavour comes from
somewhere
When you are creative, you always
build on something else
There is nothing new under the sun
Ecclesiastes 1:9
Adelphi Charter on
Creativity, innovation and
intellectual property
RSA
Adelphi
London
13 October
2005
• Humanity’s capacity to generate
new ideas and knowledge is its
greatest asset. It is the source of
art, science and economic
development. Without it
individuals and societies stagnate
• This creative imagination
requires access to the ideas,
learning and culture of
others, past and present.
• Human rights call on us to
ensure that everyone can
create, access, use and share
information and knowledge,
enabling individuals,
communities and societies to
achieve their full potential
• Creativity and investment should be
recognised and rewarded. The purpose of
intellectual property law (such as copyright
and patents) should be, now as it was in
the past, to ensure both the sharing of
knowledge and the rewarding of
innovation.
Trade
Marks
Patents
Design
Registration
Design
Right
Copyright
Know-How
Processes
Project
Application
Assignment
Design
Methods
Confidentiality
Defence
You own more
than you believe
you do!!
Patents
Cover inventions
For how things work
For what things do
Defined
Make specific claim for specific property
Need to make property secure
– ie need to define it carefully and properly
Define in functional terms
Design Registration
Covers appearance, form and shape
Applies to an industrial or hand-crafted item
Can cover decoration, packaging, graphics, typefaces
Must be novel
Must have individual character
Defined specifically
Trade Marks
Cover trading logos
Mascots
Signatures
Names
May cover form if distinctive
May cover ‘intangibles’ if distinctive
Specific and defined
Design Right
Covers an aspect of shape or configuration
Must be original
Must not be commonplace in the field
Automatic
Unregistered
But must be recorded or made into an article
Excludes surface decoration
Notice –
no flag!
Copyright
Covers the form in which a work exists, not
the idea
Works of art, books, written works, film,
sculpture, music…
Can also cover anything needed for the
production of a ‘work’ – eg engineering
drawings
Automatic
Unregistered
Notice –
no flag!
Know-How
Secret
Help! We can’t
even see the castle!
Tacit
May be unwritten
May consist of skills
May not be able to be written or defined well
Cannot be protected
Tacit understanding
• Might be part of know how
• Usually (but not always) something you
are competent at doing but of which you
are unconscious
• May describe a skill rather than an
invention, ‘design’ or a recognisable ‘thing’
so may not be able to be put into a form
that can be protected easily
4 Unconscious
competence
3 Conscious
competence
1 Unconscious
incompetence
2 Conscious
incompetence
consciousness
competence
Four stages of learning
Creative commons
• Sometimes called copyleft rather than
copyright
• Arrangements made under copyright
legislation to adopt public freedom to copy
in certain situation
• Aims to enrichen public utilisation of works
under specific licence arrangements
Four major condition modules
• Attribution (BY), requiring attribution to the
original author;
• Share Alike (SA), allowing derivative works
under the same or a similar license (later
or jurisdiction version);
• Non-Commercial (NC), requiring the work
is not used for commercial purposes; and
• No Derivative Works (ND), allowing only
the original work, without derivatives
Processes
Patents
Design Registration
Provisional patent is free
Not free
Fill in application form
Fill in application form
Add description
Add description
Add diagrams
Add diagrams
Add abstract
Novelty needs proving
Add claims
Need to progress within one year
Searches done after payments
Copyright
Processes
Automatic
No official process
Trade Marks
Can register these after they
have been in use
Registration process is not
free
Mark has to be unique for
that class of product
Design Right
Automatic
No official process
Know How
No-one knows about it
Keep very quiet and don’t
tell anyone
Or turn it into something you
can protect
Assignment
Rights can be assigned
Can sell and trade property
Can sell right to exploit property
eg can sell copyright to a publisher
can get royalties from a design or patent
you paying tuition fees gives you
individual right to copy my notes!!
Confidentiality
Agreement between parties can be used to
keep information confidential
Can use before application for specific
registered intellectual property
Generally supported by courts
LSBU assumed confidential
Outside companies involved MUST have
agreements in place
Degree show is NOT confidential
Defence
Need to demonstrate ownership:
Deed of patent
Registration document
Trade Mark registration
Publication evidence
Need to determine
that an offence has
been committed
Offence = copying
Degree show catalogue
Was the intent to
copy?
Degree show public opening
How to prove?
Date-signed project log book
How much money
have you got?
LSBU Project application
Use patents as vital project information
Read claims VERY carefully
Don’t always need to insist on being newly creative
Use old ideas if they work
Get permission to use public data & exploit existing
patents
Work out how to avoid infringing patents
Use non-disclosure or confidentiality agreements
LSBU Project Application
Use hard backed log books for projects
Get log books and drawings signed & dated
regularly by tutors
Keep log books after the project
Try to realise the value of your property
Try to see ways to exploit your property
Develop a mind-set to understand your
intellectual property
Design Methods
1931 Datsun
Copied from Austin Seven
without permission!
Design Methods
Imitation = flattery
Japanese learning = copying = mastery
Trawling = understanding what is good and
copying (using) good elements with improvement
A way of getting better quicker
Acknowledge sources of inspiration
Trawling
You learn the
general
principles of
good practice
Learning
You apply these
general
principles in your
work
Why is it
successful?
Example of
good practice
Your work
Copying
Petty, G: How to be better
at…creativity: Kogan Page, 1997
R Rogers
How to make money from ideas
and inventions
Kogan Page, 1999
Travers Symons
School yourself in the practice of
registration
Design Week, 11 July 2002
Jude Carroll
A handbook for deterring
plagiarism in higher education:
Oxford Centre for Staff and
Learning Development, 2002
Castle drawings from:
Paul Torrance:
The nature of creativity as manifest in its testing
In The Nature of Creativity
Ed Robert Sternberg:
Cambridge University Press, 1988