Regulating Intellectual Property
1. Intellectual Property Copyright © 2015. Orren Prunckun. All Rights Reserved.
2. What Is Intellectual Property?
3. “Creative or intellectual effort or work.”
4. What Is Intellectual Property Law?
5. “The law that protects the rights of inventions and authors to exploit their original and creative works.”
6. Why Is Intellectual Property Important In Emerging Technology?
7. Intellectual Property Matters… • It allows creators, entrepreneurs, investors and engineers protect and exploit their creative or intellectual work for commercial gain. • Brands can be built on solely on Intellectual Property. • Long time-frames for profit. • Scale your products without extra effort. • Delivers real product value. • Often overlooked. • And so on…
8. A Case Study On The Value Of Intellectual Property…
9. The Phonological Loop • Humans have the phonological loop. • The phonological loop is a short-term, verbal memory system in the auditory cortex of the brain. • The auditory cortex is located in the temporal lobe. • It acts as a “recording device” that records incoming auditory data continuously coming into the ear. • Sound enters the ear and bounces around before it is processed by the brain. • From the phonological loop, the brain processes the information and decides what to do with it. • It could be forgotten or stored in longer term memory. • Sometimes, some sounds stay in short term memory for longer periods of time than others. • Those sounds are not automatically processed, but they are repeated as if they were.
10. Ear Worms • Dr. James Kellaris from University of Cincinnati discovered what are called “Ear Worms.” • Ear worms have audible properties that stimulate the phonological loop more than others and stay in the short term memory for longer periods of time. • They capture attention and repeat in the phonological loop (i.e. in your head) for about 8 seconds. • It’s involuntary. • Self-repetition does not remove the ear worm, but rather makes it stay longer in the ear. • It’s like an insect bite – the more you scratch, the more itches. • The loop scratches the “itch” by replaying it over and over. • The more an ear worm plays, the more it plays! • The more they scratch, the more they itch. • This is why you say “I have that song stuck in my head”. • This is also why when you hear a song you can fill in the rest even after the song stops playing. • It keeps your brain busy when thoughts are idle, stressed or tired. • The longer sounds stays in the phonological loop, the higher the chance of being remembered, or better still, not being forgotten. • Not being forgotten, takes less cognitive power than needing to be recalled.
11. The Power Of Names • Humans communicated via speech for far longer than they have in written form. • This evolutionary fact means humans understand speech through hearing much more effectively and efficiently than in the written form, such as a logo or slogan. • Someone can be illiterate and still communicate, but it’s rare for a situation in the reverse. • What this means in terms of brand names, is that the name should sound good before it looks good as a logo. • Logos don’t get into you head like songs and song lyrics do – they are easy to forget. • This is the phonological loop in action. • These devices make Ear Worms even harder to forget: • Repetition; • Rhyme; • Alliteration; • Associations; and • Rhythm.
12. The Best Name In The World…
13. What Are The Types Of Intellectual Property Recognised In Australia?
14. Types of Intellectual Property 2 Types: • Legislation (Inventive Rights) • Registered Trade Marks. • Copyright. • Patents. • Designs. • Plant Breeders Rights. • Circuit Layouts. • Common Law (Representational Rights) • Unregistered Trade Marks. • Confidential Information. • Unpatented Trade Secrets.
15. Technology Development Lifecycle Four Phases: 1. Research & Development. • IP Protection. 2. Ascent. 3. Maturity. 4. Decline. • IP Licencing. Source: https://en.wikipedia.org/wiki/Technology_life_cycle Usual Intellectual Property Waypoints
16. What Are Some Of The Features Of The Types Of Intellectual Property? & How Does Intellectual Property Come Into Existence?
17. Registered Trade Marks • What • A Sign. • Logo, sound, smell, shape, colour etc. • Represents quality. • Defensive mark against squatters. • Features • Inherently distinctive. • Registration • Needs to be required. • 10 years. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Trade Marks Act 1995.
18. Copyright • What • Intangible property. • Works (music, literary, dramatic, artistic). • Other than works (sounds recordings, films, television, radio). • Not for ideas. • Features • Registration • No registration required – automatic. • Published and unpublished • Life + 50 years if published. • 50 years if unpublished. • Does not need to be disclosed publically • Notification via © and date. • Granted under: • The Commonwealth Constitution s51. • Copyright Act 1968. • Berne Convention.
19. Patents • What • Inventions. • Features • Original, novel & inventive. • Not improvements. • Substantial contribution. • 2 types: • Standard (20 years). • Innovation (8 years). • Registration • Registration is required. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Patents Act 1990.
20. Designs • What • Overall appearance (visual features/looks.) • Features • New and distinctive. • Not an adaptation. • Registration • Registration is required. • 12 months, extended to 10 years • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Design Act 2003.
21. Plant Breeders Rights • What • Plants and derivatives. • Features • Registration • Registration is required. • Needs to be disclosed publically • Granted under: • The Commonwealth Constitution s51. • Plant Breeder’s Rights Act 1994.
22. Circuit Layouts • What • An original circuit board layout. • Features • New and original. • Registration • 10 years from manufacture. • Needs to be disclosed publically • Registration is not required. • Granted under: • The Commonwealth Constitution s51. • Circuit Layouts Act 1989..
23. Unregistered Trade Marks • What • Features • “Passing off” to protect goodwill or brand or reputation. • Registration • Registration is not required. • Needs to be disclosed publically
24. Confidential Information & Unpatented Trade Secrets • What • Know how. • Features • Not freely available. • Registration • Registration is not required. • Existence by NDA, contracts, employment, fiduciary. • No time limit. • Does not need to be disclosed publically
25. How Do You Protect And Enforce Intellectual Property Rights?
26. Enforce: • Contract. • DMCA take down notice. • Cease and Desist. • Legal Action. • What Else? Protect: • Register. • Use Publically. • Disclose. • Don’t Disclosure. • What Else?
27. Who Regulates Intellectual Property In Australia?
28. Intellectual Property Regulators… • IP Australia (patents, designs, trade marks). • Federal Attorney-General’s Department & Department of Communications, Information Technology and the Arts (copyright). • Departments of Agriculture, Fisheries and Forestry (plant breeders rights).
29. Why Would One Type Of Intellectual Property Be Chosen Over Another?
30. What For Register To Protect Registration Length Released Publically Registered Trade Marks Logo, sound, smell etc. Yes 10 years Yes Copyright Words, music, film etc. No Life + 50 years if published. 50 years if unpublished Both Patents Innovation Yes 8- 20 years Yes Designs Overall appearance Yes 12 months, extended to 10 years Yes Plant Breeders Rights Plant variety Yes 25 years trees and vines. 20 years for other vegetable varieties Yes Circuit Layouts Circuit board Yes 10 years Yes Unregistered Trade Marks Logo, sound, smell etc. No No limit Yes Confidential Information etc. Know how No No limit No
31. How Would You Protect The Following? 1. You wrote a music score. 2. Your engineers wrote a new mobile app. 3. You have been using a business name for 5 years. 4. You have sketched a product logo. 5. You produced a movie. 6. You created a marketing jingle. 7. You manufactured a new cologne smell that is combination of chocolate, caramel and cream. 8. You have a business idea. 9. You bred a new strain of medical marijuana that reduces anxiety. 10. You prototyped a new gutter cleaning widget. 11. You created a new chicken seasoning recipe. 12. You streamlined a unique business process for your tour company. 13. You created a smart phone. 14. You designed a piece of clothing. 15. You came up with the “AirBnB” for camping.
32. How Do You Avoid Infringing Other Intellectual Property Rights?
33. “Doing acts that compromise all or substantial parts of the work.”
34. Defences • Copyright, Circuit Layouts, Designs etc.: • Fair dealing, research, criticism, reporting news, professional advice, judicial hearings, back up, intermediaries, educational (10%) etc. • Trades Secrets etc.: • Public interest etc. • Trade Marks: • Use in good faith, comparative advertising etc. • Licencing via Contracts: • Assign, sell, reproduce, publish, preform, communicate, rent, adapt for commercial purposes etc.
35. Licencing Common licencing terms and conditions: • Ownership – Proportion of ownership. – Exclusivity of ownership. – Identification of ownership/authorship. – Etc… • Use – Limitation of use. – Assigning of use. – Transfer of use. – Exclusivity of use. – Royalties for use. – Location of use. – Revocation of use. • Conditions of revocation (time, return of work etc.). – Modifications of use. – Renewal of use. – Etc…
36. Why Is Effective Communication When Negotiating Contract Terms And Conditions Important?
37. “If one person says you have a tail, they are probably insane, because obviously humans do not have tails. However, if 100 people say you have a tail, they are probably right and you better turn around see if it’s true, as they may be on to something!”
38. Importance Of Communication… • Of course this is only a metaphor, but it has an important lesson… • It’s interesting to see the same communication go out to multiple people and observer their reaction to it: • Some people love it. • Some people hate it. • Same words, very different response.
39. Importance Of Communication… • This has very little to do with the original communication and words and much more to do with receivers: • Emotional filters; • Cognitive biases; • Learning styles; • Personality Types; • Meta programs; • And so on… • There is communication, then what you add to the communication. • Both are very different. • No misrepresentation. • Makes consent and intent clear. • What else?
40. How Do You Negotiate Contracts Effectively?
41. What Is Communication? • “Communication” could be defined as conveying information to another through a medium, or modality—that is, a particular mode in which something exists, is experienced, or expressed. • “Effective” could be defined as successfully producing a desired or intended result. • Therefore, an “Effective Communication” could be defined as successfully conveying information to another through a medium or modality to successfully produce a desired or intended result—that is, conveying the original information as intended with 100% accuracy, 100% of the time.
42. Communication… Communication has: A Communicator. A Receiver. The Communicator wants to convey information to the Receiver as intended with 100% accuracy, 100% of the time—that is, with no miscommunication. And… The Receiver wants to receive information from the Communicator as intended with 100% accuracy, 100% of the time—that is, again with no miscommunication.
43. Communication… The way information is conveyed or received could be through a medium or mode, such as: • Body language. • Video. • Vocal tonality. • Audio. • Language. • Audio. • Writing. • Visuals. • And so on…
44. Communication… • But, the problem with these medium or modes is way they convey information. • They are flawed. • They cannot duplicate information from a Communicator to a Receiver as intended with 100% accuracy, 100% of the time. • Why is this? • Partly because, the information from a Communicator to a Receiver is conceptual. • A photo of a car is not ACTAULLY a car. • A verbal description of a dog is not ACTAULLY a dog.
45. Communication… • There is no perfect way to get rid of miscommunication. • The only communication you have control over is how you communicate, not how information is received. Appeal to: • Emotional filters. • Cognitive biases. • Learning styles. • Personality Types. • Meta programs.
46. How To Negotiate Effectively 2 Examples (but many, many more.) Getting To Yes: 1. Separate the people from the problem. 2. Focus on interests, not positions. 3. Invent options for mutual gain. 4. Insist on using objective criteria. 5. Know your BATNA (Best Alternative To Negotiated Agreement). Getting Past No: 1. Don’t react: Go to the balcony. 2. Don’t argue: Step to their side. 3. Don’t reject: Reframe. 4. Don’t push: Build them a golden bridge. 5. Don’t escalate: Use power to educate.
47. Try It Out! 1. Pair up. 2. Divide into Inventor and Purchaser. 3. You are wanting to enter into a contract (intention and capacity) to purchase or sell and invention. 4. Work out your goal/interest – related to licencing only 5. Know your BATNA (Best Alternative To Negotiated Agreement). 6. Invent options for mutual gain. 7. Work out what you will do if they don’t cooperate. 8. Work out how you will make it easy for them to say “Yes.” Don’t be too harsh in the negotiations. 9. Start negotiation (make or accept an offer).
48. Reflection • How did you go? • What worked? • What didn’t? • What would you do different next time?
49. How To Draft A Written Intellectual Property Licencing Contract Elements required: • Parties. • Date/time of contract. • Statement of intent. • Terms and conditions. • Consideration. • Anything else specific to that contract. • Signature/capacity/date of signing.
50. Contract Template Example Letter of Agreement This Agreement is made on ________(DATE) between ________(PARTY 1) at ________(PARTY 1 ADDRESS) (“Party 1”) and ________(PARTY 2) at ________(PARTY 2 ADDRESS), (“Party 2”), collectively referred to as the “Parties”. Both Parties intend to enter into an agreement, which will define respective rights and duties as to all services to be performed In consideration of the agreements, the Parties agree as follows: • Terms and conditions • Consideration • Anything else specific to that contract The Parties are executing and signing this Agreement on the date stated in the introductory clause. By: Name: ________(PARTY 1) Position: ________(AUTHORITY) Date: ________(DATE) ________(PARTY 1 SIGNATURE) By: Name: ________(PARTY 2) Position: ________(AUTHORITY) Date: ________(DATE) ________(PARTY 2 SIGNATURE)
51. Try It Out! 1. Intellectual Property Licencing contract. • Parties. • Date/time of contract. • Statement of intent. • Terms and conditions. • Consideration. • Anything else specific to that contract. • Signature/legal capacity/date of signing.
52. What Are The Remedies For Infringed Intellectual Property Rights?
53. Remedies For Infringement • Damages. • Account for profits. • Injunctions. • Delivery of offending material. • Prevention of use of offending material. • Destruction of offending material. • Criminal (if knowingly used).
54. What Policies Would You Adopt To Protect Intellectual Property Rights And Avoid Infringing Others?
55. Add © on documents? Register your business name as a mark? Register unique product designs? Make staff sign NDAs? Limit what information staff have? What Else?
56. How Do You Lookup Registered Intellectual Property In Australia?
57. How To Find Intellectual Property 1. Go to www.ipaustralia.gov.au 2. Click IP Search. 3. Select: • Search patents. • Search trade marks. • Search designs. • Search plant breeders rights. 4. Conduct searches via keywords.
58. Try It Out! 1. Go to www.ipaustralia.gov.au 2. Click IP Search. 3. Select: • Search patents. • Search trade marks. • Search designs. • Search plant breeders rights. 4. Conduct searches via keywords for: • An invention you have created. • A trade mark you want to use. • A description of a design you have drawn. • A new type of plant you have grown. 5. Determine if you have something new or inventive.
Do you want more like this?
Join below to be notified immediately about new content and more. No annoying daily emails and no spam – just good content when it’s posted.