OwnershipofIntellectualPropertyRightsinCollaborative.ppt

Ownership of Intellectual Property Rights in Collaborative ProjectsWednesday 14th July 2004 Dai Davis, Solicitor and Chartered Engineer Overview What is Intellectual Property (IP) about How might IP arise in a project? Introduction to the main types of IP patents, trade marks, copyright, data base rights; designs, confidential information co-ownership of these rights Doing a deal: licensing What is Intellectual Property about? Monopolies Anti - monopoly Competition law International nature IP rights = Negative rights What might arise? Patents Requirements: New; Inventive step; Capable of industrial application Exclusions Scope of protection Keeping the patent secret Inventor(s) Ownership rights of employees Compensation rights of employees Copyright What it protects Originality No Monopoly Manifestation not Subject Matter Qualifying Person No registration What you receive Copyright - Who owns copyright First owner Employee Position of Consultants Contractors Criminalisation of Copyright Confidential InformationGeneral Information must : be capable of being confidential actually be confidential be imparted in circumstances of confidentiality Substance not form Express or implied Employment and Post - employment Doing a deal Own or Licence? Foreground -v- Background Is joint ownership a solution? Exploitation rights Cost of intellectual property rights Obtaining Protecting Use and abuse of IPR What is a Licence? Permission Exclusive, Sole, Non-Exclusive Time Territory Application Competition law Ownership of Intellectual Property Rights in Collaborative ProjectsWednesday 14th July 2004 Dai Davis, Solicitor and Chartered Engineer * * Page * * * Page *