0% found this document useful (0 votes)
51 views74 pages

Ip Journey

Uploaded by

Lailatul Qadriah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPSX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
51 views74 pages

Ip Journey

Uploaded by

Lailatul Qadriah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPSX, PDF, TXT or read online on Scribd
You are on page 1/ 74

ABOUT

IPR GO
Discovering Intellectual Property Rights (IPRs)

HOW TO USE CLICK HERE


IPR GO TO START
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

ABOUT

TYPES OF IP RIGHTS IS A

Instructions
MAIN ANCHOR PAGE

1 TOP AND BOTTOM


NAVIGATION 2 EXPLORE 3 ICONS LINKED TO WEB CONTENT
PRODUCED BY WIPO

CLICK ON THE TEXT IN


The top and bottom bars are THE CIRCLES TO
navigation menus that can guide EXPLORE
you through the different sections
of this tool. They take you to key SHADED CIRCLES ARE LINK TO WIPO LINK LINK TO
NOT CLICKABLE WEBSITE TO PDF VIDEO
anchor points.
Note: These links will open your web browser.
To return to this presentation, close your
browser window, or click on the Powerpoint or
The back arrow will take you PDF viewer icon on your taskbar.
to the previous slide seen.

4 LEGEND

GENERAL CONTENT PATENTS & UTILITY MODELS DESIGN RIGHTS

INDIVIDUAL CREATORS COPYRIGHT PLANT VARIETY PROTECTION START


SMEs TRADEMARKS & GEOGRAPHICAL INDICATIONS

ACADEMIA TRADE SECRETS

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

ABOUT

You have an idea and want


to commercialize it

FIRST YOU NEED TO PROTECT IT

Let’s find
out how

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Protect your idea with IPRs

Three things
When to start
you need to Key IPRs protecting your
know about
idea
IPRs

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Three things you need to know about IPRs

See how IPRs


1 IPRs ARE MORE THAN ONE TOOL
Each type of right protects something different.
apply to you

2 IPRs GIVE YOU CONTROL


You decide who can do what with your invention or creation.

Key IPRs you

3 IPRs ARE COUNTRY-SPECIFIC


You need to secure rights in each market to protect your idea.
can use

There are no global IP rights.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

When to start protecting your idea?

GENERAL RULE
As soon as possible. The first to file wins!

Check the Do you need Do you need


Which IP rights
landscape investors? If so, partners?
do you need?
value your IP

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Rights to consider if you have…


AN INVENTION A CREATIVE WORK A BRAND NAME CONFIDENTIAL A DESIGN A NEW PLANT VARIETY
OR LOGO INFORMATION

PLANT
TRADEMARK TRADE DESIGN VARIETY
PATENTS COPYRIGHT RIGHTS
SECRETS PROTECTION

UTILITY DESIGN
COPYRIGHT COPYRIGHT PATENTS
MODELS RIGHTS

TRADE DESIGN
SECRETS RIGHTS

See how
See IP
IPRs apply
strategy
to you

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Let’s get started

I am an
individual I am a
I own a
creator or university
business
inventor researcher

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

IPRs can help you access


and navigate the market

BEFORE YOU SET OUT ON YOUR IP JOURNEY, ASK YOURSELF:

Has this Is there a How can I How can I How can I


been done market for Do I own protect my create value enforce my
before? my idea? my idea? idea? from IPRs? rights?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

You identified a market. Should you protect your idea?

THINGS TO CONSIDER:

1 IPRs can support your business goals, but how you are
going to use and manage them?

2 IPRs are an investment for your future. Think beyond today.


How to protect More on
your IPRs NDAs

3 Choose the right IPRs that are needed to protect your idea.

4 Before you share your idea, always conclude a


contract, such as a non-disclosure agreement (NDA).

5 Document your idea as it evolves.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

There is a market for your idea. To protect or not to protect?

THINGS TO CONSIDER:

1 IPRs can support your business goals but


how you are going to use and manage them?

2 IPRs are an investment for your future. Think beyond today.


How to protect More on
your IPRs NDAs
3 Choose the IPRs that are needed to protect your idea.

Don’t share your technical idea before protecting it with


4 IPRs. If you have to share it, always conclude a
contract, such as a non-disclosure agreement (NDA)
beforehand.
5 Document your idea as it evolves.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Am I entitled to IPRs?

BEWARE! OWNERSHIP OF IPRs IS NOT ALWAYS STRAIGHTFORWARD

An inventor, creator or designer is not necessarily entitled to the associated IPRs.


Sometimes they are automatically assigned to your employer or entity that hired you.

More on
ownership

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

As you chart your route to market, ask yourself

Has this been Do I own it? Is there a market How can I How can I create
done before? for my offering? protect it? value from it?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

IPRs help you secure your competitive advantage

WHERE TO BEGIN:

Know what
Develop an IP Chart your route to
potential IPRs
strategy market
you have

Identify the tangible assets Get legal advice on how to Work out what you need to think
that can add value to your protect, manage and use your about as you develop your offering
business. IP assets. and go to market?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Your business needs an IP strategy to grow and attract


investors

CONSIDERATIONS WHEN BUILDING YOUR IP STRATEGY

1 Align your IP strategy with your business goals and operations. 5 How will you defend your IPRs?
How to
defend your
2 Work out what IPRs are you going to acquire and how you
are going to use them. 6 Work out how you will respect
the IPRs of others. IPRs

3 Establish milestones for protecting & managing your IPRs. 7 Review your IP strategy
regularly.

4 How will you make your IPRs work for you?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Know what IP assets you have


YOU COULD HAVE VALUABLE IP ASSETS THAT YOU DON’T KNOW ABOUT! IDENTIFY WHAT GIVES YOUR COMPANY AN EDGE
(e.g. your software, the way you operate, your designs, innovations, creations…)

SOME WAYS TO GET STARTED

Consult an IP
Do an Check with your
Start with WIPO professional to
IP audit national IP office
IP Diagnostics seek legal advice

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Some initial considerations for researchers

Who owns the What is the


university’s What are your
IPRs arising from
commercialization rights and
your research
strategy? obligations?
work?

Who is responsible for protecting, When should you submit an


assessing and commercializing invention-disclosure form?
inventions from research?

See IP
ownership

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

IPRs that are relevant to researchers

Plant Variety
Patents Copyright
Protection

Using your
IPRs

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

A Checklist for Researchers in University Settings

CHECKLIST

✓ Check your university’s IP policy Contact your Discover Material


Technology Transfer
✓ Make sure you keep detailed notes of your research work Transfer Office Agreements
✓ Submit an invention-disclosure form whenever you feel you have discovered or
created something unique with possible commercial value
✓ Mention all contributors to an invention or creation in your invention-disclosure form
✓ Don’t publish your research before it is protected
✓ Check if you are using material or IP from others in your research
Discover Search IP
✓ Research patent literature: It’s a mine of business and technical information patents databases

✓ Check how license revenues are to be distributed and what share you will have

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

The Technology Transfer Office (TTO)

TTOs PROVIDE ACCESS TO KEY SERVICES

1 Evaluation of your invention’s commercial potential.

2 Advice on how to protect, deploy and manage your invention.


Discover
spin-offs
Discover
licensing

3 Support in licensing your invention.

4 Support in setting up a spin-off.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Material Transfer Agreements

WHAT THEY DO: CHECKLIST


They set out the terms for the
exchange of proprietary material. ✓ Terms of the agreement
✓ Duration
✓ Details of IPRs to be exchanged Partnerships
✓ Type of license (e.g. exclusive or non-exclusive)
USE CASES: ✓ Arrangements (ownership and access) if improvements are made
• Research ✓ Define terms of use and geographical scope
• Feasibility studies ✓ Dispute resolution clauses
• Prototypes for testing/trials ✓ Applicable law

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Spin-offs
Commercializing your research outputs

HOW WILL THE IP THAT UNDERPINS THE SPIN-OFF BE SECURED FROM THE UNIVERSITY?

Will the IP be assigned by the Will the IP be licensed by the


university to the spin-off? university to the spin-off?

IP is the property of the University retains ownership of


spin-off and a key part IP; financial risk to spin-off.
of its capital.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Has it been done before?

Is your design really new? Is your invention new and


1 innovative? Is someone using the same or a similar brand
name and, if so, how?

Check
2 Check what IPRs exist before applying for your own by Next steps
WIPO TISCs
searching IP databases.

Do others have rights that can stop you from protecting your
3 invention, design or trademark? (This is also known as
checking that you have freedom to operate).

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Search IP databases
TO IDENTIFY EXISTING IP RIGHTS ASK:
HAS YOUR INVENTION OR DESIGN BEEN DONE BEFORE? IS YOUR TRADEMARK AVAILABLE?

PATENTSCOPE Global Brand Global Design TISCs for help


UPOV’s PLUTO
for inventions Database Database in searching IP
Database
for trademarks for designs databases

I found something
How do you want My search reveals
similar and may not More on patent
to protect your I can go ahead and
be able to secure information
idea? apply for an IPR
IPRs

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

You have protected your offering. Bravo!


WHAT NEXT?

Before launching your offering on the market, check to ensure you are not infringing on any existing rights.
Using someone else’s IPRs without their permission can cost you.

The IPR owner


Search IP databases can claim damages
before you enter the or force you to Seek legal advice
market remove your offering – it will pay off
from the market

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Your search reveals a similar technology


or rights on a specific feature of your offering
SEEK LEGAL ADVICE TO SEE IF IT’S POSSIBLE TO:

Secure Remove the


access to the Design around feature from Invalidate
existing rights existing rights your product existing rights

More on See
legal advice licensing

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS
BACK

How to access IP

YOUR SEARCH REVEALS AN IPR THAT SEEMS TO STAND IN YOUR WAY.


WHAT ARE YOUR OPTIONS?

License it Buy it IP valuation Search IP Seek


databases legal advice

Get the right to use the IPR under certain Transfer ownership of all the
conditions (e.g. in a certain field, for a relevant IP rights. Usually
specified product or market). May be the the more costly option.
more cost-effective option.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Accessing IP rights by buying them

THREE CONSIDERATIONS WHEN BUYING IP RIGHTS

Carry out due diligence. Request an independent Seek legal advice to ensure
1 Understand what you are 2 valuation of the assets 3 the transaction is completed
buying and from whom. you are buying. efficiently and effectively.

Assignment IP asset IP strategy


of IP rights valuation

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Factors to consider when seeking to


access a patented technology

1 The remaining term of protection.

2 How you need to use the technology, where and for how long? How to protect
your invention?
Search IP
databases

3 Who owns the patent?

4 How strong is the patent? Has it been examined?

5 What can you trade to gain access to it?


Licensing
6 Does access align with your exit strategy (i.e. your plans
to sell your company to other investors or firms)?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Ways to protect your invention: patents and utility models

QUALIFYING FOR PROTECTION 1 PATENTS


2 UTILITY MODELS
3 DEFENSIVE PUBLISHING

These rights let you control the destiny of your invention The publication of the details of a
✓ Generally new & inventive technology ensures nobody else
by choosing who can make, sell or use it. Qualifying
✓ Industrially applicable standards to protection vary by right and by country. can patent it! This may be an option
if cost is an issue.
✓ Satisfy the local
TIME-LIMITED & COUNTRY-SPECIFIC RIGHTS
definition of an invention
20 years for patents 7-15 years for utility models

Questions to More on How patents


Protecting your IP
ask before patents and deliver value for
patent abroad databases
patenting utility models your business

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Six things to know about patents and utility models

1 Your invention must be new and different from a


legal perspective. Do a search and get legal advice. 4 These rights do not give you the freedom to
commercialize your offering. Someone else may
have IPRs on other aspects of your offering.

Move fast. The first to file for a patent or utility


2 model enjoys the rights. 5 Not a one-time cost. Fees may be due during
the life of the application or the right.

3
With these rights you decide who can make, use,
import or sell your invention. 6 Claims matter. What you claim in your application
determines the scope of your protection. The
potential scope of the claims can vary by country.

Search IP Ways to protect Questions to ask Seek legal


databases your invention before acting advice

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How patents and utility models deliver value for your business

1 They prove you created something new.

2 They give your business credibility.

3 They provide you with something to trade in negotiations. Patenting your PCT:
invention abroad International
Patent System

4 Having them may give you preferential treatment


(e.g. for government bids).

5 You can monetize them either by sale or licensing.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Patenting your invention in international markets

FACTORS TO CONSIDER:

1 Where will you make and sell your invention?

Explained: How to

2 Where do you anticipate your competitors


will have similar offerings?
Protect Inventions
Abroad with WIPO’s
Patent Cooperation
Treaty

3 The cost of seeking protection.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Patent information:
a resource for competitive intelligence

1 Indicates whether you can secure protection


for your invention. 4 Reveals opportunities to monetize your IP through
licensing.

2 Flags other rights that might prevent you from


offering your product. 5 Steers early R&D decisions for optimal resource use.

3 Identifies potential partners and technologies. 6 Gives a snapshot of the technology landscape.

Search
IP databases More on freedom Partnerships Licensing
to operate

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Questions to ask before investing in a patent or utility model

1 Is there a market for my technology?

2 Do I own my invention?
See
Six things you inventorship
should know IP valuation
versus
3 How much will it cost to acquire and maintain the rights? about patents ownership

4 Do I want to publicly disclose my invention to


obtain patent protection?

5 What commercial value will my


patent or utility model provide?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

The design of a product is a key


determinant of its commercial success
PROTECT YOUR DESIGNS WITH DESIGN RIGHTS

DESIGN RIGHTS TIME-LIMITED AND COUNTRY-SPECIFIC

1 Protect the appearance of products -


shapes, patterns, lines or colors, etc.
Initial protection is for five years with limited
successive renewable periods (varies
according to country).
In most countries, designs must be registered
2
Protect many different products (from
packaging, containers and furnishings, to be protected. Some countries offer limited WIPO PROOF
to jewelry, electronic devices, textiles protection for unregistered designs.
and more).

3 Allow you to decide who can make,


sell or import products bearing or
embodying your design.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Design rights
YOUR DESIGNS ARE VALUABLE BUSINESS ASSETS

DESIGN RIGHTS PROVIDE:


Before More on how to

1 ENHANCED COMMERCIAL VALUE


A better return on your investment.
registering your
design
protect your
designs

2 INCOME
Create revenue by licensing others to use your design for a fee.

3 STRONGER MARKET POSITION


Design is a key factor in commercial success. Protecting
Licensing
designs abroad
PROTECTION AGAINST INFRINGERS
4 You can prevent others from copying your design.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Things to do before registering your designs

CHECKLIST

1 Check if your design is eligible for protection.


Rules vary from country to country.
✓ Prepare detailed representations (photos or drawings of your design in
line with local rules. (Check with your national IP office)
✓ Include specific representations of all relevant angles of your design
✓ Decide which elements of your design you want to protect
✓ Decide where to register your design
2 Search design databases to
check if your design is new.
✓ If in doubt, seek the services of an IP professional to see if it makes sense
to file for a design right and how to do it
✓ Once you have registered your design, don’t forget to renew your rights

More on how Search IP Seek


to protect your databases Protecting your WIPO PROOF legal advice
design designs

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How to protect your designs

1 The International Design System (the Hague System)


administered by WIPO offers a rapid, simple and low-
cost way to protect your designs at home and abroad.
Explained: How to
Protect Industrial

2 You may also wish to contact you national IP office. Designs with WIPO’s
Hague System

Before
registering See design More on the
your design rights Hague System

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Your competitive edge flows from what


you know and your competitors don’t
PROTECT YOUR CONFIDENTIAL INFORMATION WITH TRADE SECRETS

WHAT QUALIFIES AS A TRADE SECRET?


More on trade
1 Information that has commercial value
because of its secrecy.
secrets

Explained: What is a
2 Information that is not generally known within the
relevant technical or business field. trade secret?

3 Where the holder of the information takes reasonable


steps to keep the information secret.
Trade secrets
(checklist)

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Trade Secrets
YOU NEED TO TAKE REASONABLE STEPS TO PROTECT YOUR TRADE SECRETS WITH NDAS AND OTHER MEASURES

CHECKLIST

✓ You can’t protect what you don’t know you have, so identify
what confidential information adds value
✓ Operate on a “need to know” basis
✓ Include confidentiality clauses in employee contracts
Back to trade See NDAs
✓ Don’t share confidential information. You are only as safe as secrets WIPO PROOF
your weakest link. If you need to share it with someone, get
an NDA to make sure they are obliged to keep it safe
✓ Verify the applicable law, since not all countries offer the
same protection

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Plant Variety Protection


WANT TO GET INTO PLANT BREEDING?

PLANT VARIETY PROTECTION (PVP) MEANS PLANT BREEDERS CAN:

Facilitate partnerships to achieve


1 Achieve a return on investment.
4 common objectives, share development
costs and promote marketing and
distribution of resulting plant varieties.
Invest to provide farmers with new, improved
2 varieties that can respond to climate change
How the UPOV
System can
and provide improved food security.
5 Maintain the value and reputation of
their variety [by controlling the quality].
help you

3 Allow the public sector to target


benefits for public good.
6 Be supported to work on a wide range
of species and types of varieties.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Trademarks: the foundation of your brand


A TRADEABLE BUSINESS ASSET OF ENDURING VALUE

FIVE THINGS TRADEMARKS CAN DO FOR YOUR BUSINESS

1 Boost brand image and reputation


How to register a
trademark
How much
does it cost?

2 Generate income

3 Give an indication of the value of your


company for potential partners and investors
Other ways to
4 Prevent others from free-riding on your investment protect your
brand
Licensing

5 Serve as collateral against loans

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

About trademark rights

1 WHAT A TRADEMARK IS
Any sign capable of distinguishing
2 WHAT YOU CAN REGISTER
The possibilities are limitless: words, names,
3 RENEWABLE AND COUNTRY-SPECIFIC
Initial term is usually ten years.
your goods and services from letters, numerals, drawings, pictures, sounds,
those of other enterprises. colors or any combination of them.

Note: In some countries, if you don’t register your trademark you may still enjoy some
protection. However, proving you are the rightful owner may be more difficult and costly.

Other ways to How to register Enforcing


Global Brand WIPO PROOF
protect your a trademark IPRs
Database brand

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Four things you need to know about trademarks

1 Criteria for registration can vary from country to country.

2 Trademarks are registered in relation to 45 different


classes of goods and services.
Other ways to
How to register a Madrid Goods
protect your
trademark and Services
3 Others may oppose your application to register your
trademark or sign if it is similar or identical to theirs
brand
Manager
for similar goods/services.

4 When registered, you can enforce your trademark


against infringers.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Can you use your sign?

DOES IT ALREADY EXIST? WHY SEARCH?

You avoid:
1 2 • Paying damages
• Negative publicity
Search Seek legal • Having to find a new trademark
trademark advice • Incurring costs for rebranding
databases

Other ways to
Search IP Seek legal How to register
protect your
database advice a trademark
brand

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Someone has already registered your sign


WHAT NOW?

1 If your sign is already used for the same or similar


goods/services you may be unable to register it.
How to
register a
trademark
Seek legal
advice

2 If your sign is already used for different


goods/services you may be able to register it.

3 Seek legal advice. Other ways to


protect your
Madrid Goods
and Services
brand
Manager
Note: Well-known marks enjoy extended
protection for classes of goods/services

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How to register a trademark

YOU CAN PROTECT YOUR TRADEMARK


AT HOME AND ABROAD

Explained: What is
At home: contact Abroad: with the Madrid System?
your local IP the Madrid
office System

More on how to
Other ways to
register a
protect your
trademark
brand

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How to register a trademark

CHECKLIST

✓ Select a mark that is distinctive, memorable and conveys brand values


✓ Make sure it’s available before you use it Other ways to
protect your
✓ Coined words make the best trademarks (e.g. Kodak, Xerox)
brand
✓ By registering your trademark you are formally recognized as the owner
✓ Don’t forget to register your Internet domain name

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Other ways you can protect your brand

WORKING COLLECTIVELY, SMES CAN BENEFIT FROM ECONOMIES


OF SCALE AND BROADER BRAND NAME RECOGNITION WITH:

COLLECTIVE MARKS
1 Distinguish the goods/services of members of an association (which is the
owner of the mark) from those of other associations. More on
How to register
geographical
a trademark
2 CERTIFICATION MARKS
Distinguish goods/services that comply with standards and
indications

characteristics established by the owner of the mark.

3
GEOGRAPHICAL INDICATIONS
Distinguish goods that have a specific geographical origin and possess
qualities, reputation or other characteristics linked to that place of origin.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Geographical Indications
A GEOGRAPHICAL INDICATION (GI) IS A SIGN ON PRODUCTS ORIGINATING FROM A SPECIFIC LOCATION
– THEIR QUALITIES, CHARACTERISTICS OR REPUTATION ARE ESSENTIALLY DUE TO THAT LOCATION

1 COLLECTIVE RIGHTS
May be used by all who comply with defined standards.

FAIR TRADE
2 Prevent others from using the sign on products that
Explained: What is a
geographical
don’t meet the GI’s standards. indication?

3 BETTER RETURNS
Products covered by a GI can command higher prices.

4 COMMUNITY DEVELOPMENT
GIs can support community development.
What’s the How to
The Lisbon
difference between protect GIs
System
a GI and a
trademark?

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How to protect Geographical Indications

1 Special GI protection systems.

2 Collective marks or certification marks. The Lisbon


System
More on GIs

3 Administrative product approval schemes.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Seek legal advice

WHEN TO SEEK LEGAL ADVICE YOU CAN SEEK ADVICE FROM OTHER SUPPORT
✓ When developing your IP strategy
✓ When securing IP rights
✓ When selling, assigning or licensing 1 IP LAW FIRM
For specialist IP advice.
1 NATIONAL IP OFFICE
Enquire about the SME
support services it offers.
IPRs

2
✓ When negotiating partnership and
CHAMBER OF COMMERCE
other agreements

2 PRIVATE
✓ When someone has infringed on your LAW FIRM
IPRs For general legal advice.
✓ When someone claims you are
infringing their IPRs 3 TECHNOLOGY AND INNOVATION
SUPPORT CENTERS (TISCs)

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Inventorship versus ownership


CLARITY ON OWNERSHIP IS ESSENTIAL IN ENABLING YOU TO LEVERAGE YOUR IP ASSETS

BUSINESS SETTING
1 By default, the inventor is the owner in many countries. If you want to use
an invention you need to own it or have the right to use it. Companies
usually require employees to assign their IPRs as part of their
See assignment See authorship
employment contracts. of IP rights versus ownership

2 UNIVERSITY SETTING
Ownership is determined by national law, university IP policy,
employment contracts and individual contracts with industrial partners.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Authorship versus ownership


CLARITY ON OWNERSHIP IS ESSENTIAL IN ENABLING YOU TO LEVERAGE YOUR IP ASSETS

BUSINESS SETTING
1 By default the author/creator is the copyright owner in many countries. To use a
creative work you need to own it or have the right to use it. Companies usually
require employees to assign their IPRs in their employment contracts. The
hiring company typically owns creative outputs developed under “work for hire” See assignment See inventorship
arrangements. of IP rights versus ownership

2 UNIVERSITY SETTING
Ownership is determined by national law, university IP policy, employment
contracts and individual contracts with industrial partners. Most universities do
not claim copyright in artistic works or scholarly works but may claim it in
teaching materials and computer programs.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Copyright

WHAT IT DOES DURATION OF RIGHTS SOME OF THE ORIGINAL WORKS


COPYRIGHT PROTECTS
Copyright protects original works and gives creators The lifetime of the author
✓ Books, lectures, speeches, translations
various rights over their work for a limited period of time. plus 50 years at a minimum.
✓ Plays, musicals, dance performances
Owners of a copyrighted work can authorize or prohibit:
✓ Music, films, video games
Works that are no longer ✓ Works of art, drawings, photos, sculpture,
✓ Use by others
✓ Reproduction in various forms (e.g. print publication subject to copyright protection architecture and other visual arts
enter the public domain and ✓ Computer software, databases
or sound recording)
anyone can use them. ✓ Most parts of a website
✓ Distribution of copies of the work
✓ Mobile apps
✓ Public performance
✓ Original databases
✓ Broadcast or other communication to the public
✓ Translation
✓ Adaptation (e.g. form a novel to a screenplay) Certain things like data, processes and the
daily news are not protected by copyright.

The rules of Related Authorship


Copyright & More on
the game copyright rights versus
business copyright ownership

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Two categories of rights

1 ECONOMIC RIGHTS
They allow rights owners to be paid when others use their works.
GENERAL RULE

To use the work of others you need to first


get their consent. There are certain
2 MORAL RIGHTS
They protect the personal connection creators have with their works.
exceptions that allow for copyrighted works
to be used without a license.

Voluntary Authorship
The rules of Enforcing
registration of More on versus
the game IPRs
copyright copyright ownership

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Copyright establishes the rules of the game


FIVE ADVANTAGES OF COPYRIGHT PROTECTION

1 AUTOMATIC PROTECTION
Copyright applies by default at the point of creation.
Copyright &
More on business
CONTROL copyright
2 You decide who can use, sell, rent, copy or license your creative works and
how they may do so.

3 INCOME
You can generate income by licensing or transferring rights in your works to others.
Voluntary
Related
FUNDING registration of
4 You can use it to raise funds or as collateral for new creative projects. copyright
copyright rights

5
DEFENSE AGAINST INFRINGERS
You can take action against infringers.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Ways copyright may be relevant to your business

1 When you
launch a new 2 When you use
the creative
3 When you develop
your website or 4 When you write
software or use 5 When you
create an
creative product share content online software developed original
content of others. by others.
on the market. (including on social database.
media platforms).

Related Voluntary Guide to Licensing


Copyright More on registration of
copyright rights of Copyright and
copyright copyright Related Rights

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Proving ownership of copyright


Note: Copyright registration is not obligatory. You still own the copyright in your work if you have not registered it.

WHY USE A VOLUNTARY COPYRIGHT REGISTRATION SYSTEM? Obtain proof that a digital file
Use voluntary copyright registration to prove that you are of your work existed at a
Copyright
the owner of the copyright in an original work. specific point in time.

Contact your WIPO PROOF


local IP office
Ownership &
authorship

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

About copyright related rights

1 WHAT THEY DO
These rights protect individuals and groups, such as
2 TERM OF PROTECTION
In many countries it's 50 years from the date
singers, performers, record labels and broadcasters, of the recording or the performance.
who are closely involved with, and add value to, a
creative work and ensure it is accessible to the public.
In most countries these people and groups do not
qualify for copyright protection.

More on Enforcing
Copyright IPRs
related rights

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Monetizing Copyright: licensing

CREATORS CAN MONETIZE THEIR COPYRIGHT THROUGH LICENSING.


Benefits of More on
Copyright
Sometimes creators may be very relaxed about their copyright and may: licensing copyright

• abandon copyright completely so anyone is free to use their work


• restrict free use of their work to non-commercial purposes
• use Creative Commons licenses and set selected conditions of use
Authorship
Copyright Copyright
versus
limitations related rights
ownership
Note: Always seek authorization from the right holder before
using someone else’s creative works.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Assignment of IPRs
REMEMBER

1 Like any property, IPRs can be transferred to someone


else. This is called an assignment. In many countries, an When ownership is transferred, generally, all economic
assignment must be registered with the relevant rights will be lost. Your business strategy may change,
authority to have legal effect. and you may want to use your IP asset in the future, so
don’t act too hastily.

2 Assigning IPRs is a useful way for companies to:

• off-load any assets they cannot or do not want to develop When IPRs have multiple owners (e.g. co-creators,
• cash in an asset co-inventors), you may need permission from the other
• transfer ownership following an acquisition owners to assign your share.
• leverage on their assets in negotiations

Tips on the Cashing in on


assignment of NDAs
IP rights
IP rights

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Bravo! You have acquired your IPRs


How are you going to monetize them?

HERE ARE TWO WAYS YOU CAN DO THIS:


Assignment of
IP rights IP valuation

1 LICENSING
If you want to generate income from licensing.

2 SELLING
If you need an injection of cash, or if you don’t
have the capacity to develop your IP asset. Types of Buying and
licenses selling IP
assets

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Types of licenses

1 EXCLUSIVE or SOLE LICENSE


The right holder grants a licensee a license 2 NON-EXCLUSIVE LICENSE
The right holder grants a licensee a license to
to use a given IP asset and agrees not to use a given IP asset and can also grant a
grant a license to anyone else but may license to others to do the same. The owner of
retain the right to use that asset. the IP asset retains the right to make use of it.

Successful Guide to Licensing


Guide to trademark Negotiating
technology licensing of Copyright and
licensing Technology Licence
Agreements Related rights

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Tips on Assignment and Licensing of IPRs


AN AGREEMENT THAT ASSIGNS OR LICENSES THE IP SHOULD ALSO, FOR LICENSES
CLEARLY IDENTIFY: ✓ Define the scope of the license and where it applies
✓ The IPR that is being assigned or licensed ✓ State that any obligation is on the licensee
✓ The compensation and terms e.g. royalties ✓ Outline how to deal with further developments of the
✓ Warranties (e.g. confirmation that the assigner or licensor
licensed technology by the licensee
owns the IPRs being assigned or licensed and that they do ✓ Indicate how to deal with infringements
not infringe the IPRs of others) ✓ Specify who is responsible for registering the contract (if
✓ Applicable law and dispute settlement clauses
required)
✓ Who is responsible for registering the contract (if required) ✓ Get legal advice
If confidential information will be shared, get an NDA first.

Assignment of NDAs WIPO Green


IP rights licensing
checklist

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

The benefits of licensing your IPRs to others

1 Create new revenue streams.

2 Reduce costs when expanding into new markets.


Types of
How IPRs
facilitate Guides
3 Access new technology.
licenses
partnerships

4 Share risk.

5 Resolve disputes by converting a competitor into a partner.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Non-disclosure agreements (NDAs)


USE THEM TO SHARE CONFIDENTIAL INFORMATION SAFELY

CHECKLIST

✓ Define what is being shared


✓ Explain the purpose for which the information can be used Seek legal More on WIPO
advice Non-Disclosure
✓ How long does the obligation last? PROOF
Agreements
✓ What happens if the information becomes public?
✓ What happens at the end of the agreement (e.g. do
confidential documents have to be returned or destroyed)?
✓ Seek legal advice

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How IPRs facilitate partnership

IN PARTNERSHIPS, IPRs ARE USED AS: BENEFITS OF IP-DRIVEN PARTNERSHIPS:

1 Assets to contribute to a partnership.


1 Access and/or develop new technologies.
Collaboration
and

2
A way to harvest the outputs of a
collaboration by generating new IP assets.
2 Reduce R&D costs and share risks. partnerships

3 Enter new markets and scale-up your business.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Working with partners: collaboration


agreements and joint ventures
WHY WORK TOGETHER CHECKLIST
To undertake a joint project, share
risks, and generate new ✓ Define the collaboration or joint venture and how it will be managed
technologies, products or services. ✓ List background IPRs (what each party brings to the table) and set out
access rights and conditions
✓ Outline arrangements for exploitation and use of IPRs resulting from the
SET YOURSELF UP FOR SUCCESS collaboration (so-called foreground IP)
WITH A ROBUST AGREEMENT ✓ Define applicable law and arrangements for dispute resolution
Clearly set out the rights and ✓ Specify what happens when the partnership changes or ends
responsibilities of each party.

WIPO WIPO WIPO


MATCH GREEN Re:Search

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

Enforcing your IPRs

CHECKLIST - WHAT TO DO: WAYS TO MONITOR AND ENFORCE YOUR IPRS:


Your IPRs have ✓ Identify key unregistered IPRs (e.g. trade secrets) and
value. Defend them. ✓ Consider working with a brand-protection firm or
ensure they are documented and contractually protected an IP firm to monitor the Internet
As the IPR owner, it’s ✓ Ensure you can prove ownership of your IPRs
your responsibility to ✓ Familiarize yourself with notice and takedown
✓ Monitor the market and competitors who may be using
monitor for infringing provisions of major online platforms
activity. your rights without permission ✓ Watch out for look-alike domain names
✓ Gather evidence to verify the infringement and seek ✓ Consider alternative dispute resolution: it’s a
legal advice cost and time-efficient way to resolve disputes
✓ Decide how you are going to tackle infringements and
outside the courts
act quickly ✓ Apply for customs protection to tackle
✓ Bear in mind that you can turn an infringer into a
More on counterfeiting or piracy
alternative dispute licensee ✓ Go to court
resolution ✓ Involve law enforcement

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

WIPO PROOF
Trusted digital evidence

An online service that rapidly produces tamper-proof


evidence to prove that digital information existed at a
specific point in time.

BENEFITS AND USES

1 Evidence 4 Trusted and secure


Explained: What is a
2 Confidentiality
5 Dispute resolution WIPO PROOF?

3 Cost-effective 6 Global coverage

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

How to value your IP assets


IN THE KNOWLEDGE ECONOMY, INTANGIBLE ASSETS (INNOVATIONS, CONTENT, ETC.) REPRESENT A LARGE PART OF COMPANY VALUE

THREE WAYS TO VALUE YOUR IP ASSETS

1 COST
Value calculated on basis of developing a similar
asset.
MARKET Seek legal Monetizing
2 Based on actual price paid for a similar IP asset under advice your IP More on IP
valuation
comparable conditions.

3 INCOME
Based on the amount of economic income the IP asset is
expected to generate.

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION
START INSTRUCTIONS | LEGEND INDIVIDUAL BUSINESS ACADEMIA TYPES OF IP RIGHTS

About IPR Go
Version 1.01 - 25 April 2021

Disclaimer: The information contained herein is indicative


IPR Go is an interactive tool that highlights key practical and for information purposes only and does not constitute
IP questions that you need to think about as you take legal advice. Users are advised to do their own due
your ideas to market. diligence and to seek the services of an IP legal
professional.

Created with the support of Japan Funds-in-Trust Industrial


Property Global for World Intellectual Property Day 2021

Many thanks to all WIPO colleagues who contributed to


and supported the development of this interactive tool.

Created by Dilucidar in collaboration with WIPO for


World Intellectual Property Day 2021
 

TECHNOLOGY & INNOVATION CREATIVE CONTENT BRANDING CONFIDENTIAL INFORMATION DESIGN PLANT VARIETY PROTECTION

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy