What Ideas and information do you have and how do you protect it?
- A unique part or product (Patents),
- A unique design shape to your product (Designs)
- A unique Brand name or Logo (Trademarks)
- Domains, Digital & Social Media Accounts, e-retail accounts
- Copyright (registrable in some countries)
- Licence to use rights (what obligations do you have?)
- Licences others have to use your IP rights
- Customer Contracts (treatment of IP)
- Supplier Contracts (treatment of all IP)
- Staff Contracts (treatment of IP
Case Study Supplier Developing Product with Customer no Contract around IP of Product Customer claimed IP
Case Study Gaming Software developer using code developed from home and then “using with a competitor”
Case Study Watch Manufacturer commissioning designer to style watch and finding designer owned rights to use design
At what point should a business protect it and where?
Businesses tend to create IP and create some IP but forget it needs to develop as the asset grows. As a business sells its services into new markets it needs to decide if there is a need to protect the IP alongside this and balancing cost and reward
Case Study Company forgot to Trademark in China and then involved in lawsuit to regain the Trademark from a Product reseller in same market
Case Study Domains selling similar products in different country trading off name
Case Study Small business starts with own filed business name Trademark and grows but not revisit coverage of the trademark in line with the services that they provide
Case Study small business works part time for Customer and finds that supplier contract means all ideas that they develop are owned by the Customer
Who owns or uses your Intellectual Property and where do they own and use it?
This may seem like a silly question but in a lot of cases it can cause problems. Plus should your business own all the IP in a IP holding company?
Case Study Staff member owned domain name of the business and left domain lapsed and company had to buy back
Case Study Reseller sold products in China and then trademarked product in China now company is trying to get back TM
Case Study Reseller has licence to sell products in US but creates e-retail to sell worldwide
Case study Wine maker creates a new brand and website local supplier trademarks name and forces them to change their name.
Audit where you are
What IP assets do you have and how important are they to your business?
What value do they have and does the level of protection you have warrant its value to the business?
What is changing in the market and the business that might affect the coverage of your IP
Case Study Company basing its service and business Trademark in London a but didn’t buy .London domain. Had to buy back at great expense
Case Study Company Developed a great website and social media but did not invest in a Trademark now fighting to regain ownership of the name
Develop a Plan around Intellectual Property
- What you have and where?
- What you need and where?
- How does it compare to your competitors?
- Review regularly
Conclusion
- IP Can be the biggest asset of your business
- However if not actively managed can be a significant liability
- Active management and control is key not something you obtain and then forget as market and competitors change
