Transcript Introduction to Copyright, Trademark and Design Law

Copyright
Patents and other Intellectual Property Rights
17.1.2013
Maria Rehbinder,LL.M. Legal Counsel (IPR)
Research Support Services
http://copyright.aalto.fi/en/
[email protected]
IPR
http://www.handsoffmydesign.com
Research – Intellectual Property Societal impact
• To publish research results researcher makes
an agreement/ agreements concerning his/hers
intellectual property
• To use invention commercially patenting is
often required
• Open source use needs agreements – open
source licenses are agreements concerning
intellectual property
Copyright
• Protects literary works that are authors own intellectual
creation bearing his personal stamp
• If some other person doing the same task would achieve
the same product there is no personal expression
• A computer program is protected as a literary work
• A work has to be fixed to a certain form or performed
• idea, information, subject matter are not protected
• Protection of form, not the idea or information contained
in the form
Copyright
• Copyright consist of two economic rights and two moral
rights
• Economic rights are the right to make copies and the
right to make available to the public
• Moral rights are the paternity right and the right to
respect: the name of the author has to be mentioned,
the work must not be alterered without permission from
the author
• Protection starts from the moment of creation and last
the lifetime of the author plus 70 years from the year the
author died
Exceptions to copyright as an exclusive
right
• In EU exception rules allow use, for example : Citation
according to good practice and use of photos, works of
art to illustrate a scientific work
• Name of the author and the source have to be
mentioned
• Commercial users such as publishers often demand
that only cleared material be used
• Responsibility for illegally using the works of others s
• severe, possibility of punitative damages in the USA
• In USA and UK fair use
Open acces in scientific publishing
• The scientific community is moving towards open
access, a model which provides access free of cost to
readers on the Internet. Two basic models exist: Gold
open access (open access publishing): payment of
publication costs is shifted from readers to authors.
These publication costs are usually borne by the
university to which the researcher is affiliated. In Aalto
University the cost can be included in project budget
especially in research projects where open acces is
required by the funding body.
Gold open access - Journal of
Nanophotonics - SPIE Journals
• Open access makes publications available to readers at
no personal or institutional charge. As of January 2013,
all new articles published in SPIE journals for which
authors pay voluntary page charges are open access
immediately on the SPIE Digital Library. SPIE asks
journal authors (and their employers or funders ) to
provide such support to enable SPIE to hold down
subscription prices and maximize access to the
research published in SPIE journals. Many authors and
institutions provide this support and will now obtain open
access for their articles by doing so.
Use of Creative Commons Licences in
Scientific Publishing
• Increasingly, employers and research funders require
authors to publish their articles with open access and
authors want to do so in order to expand the reach of
their research. SPIE provides the benefit of immediate
open access for all articles for which voluntary page
charges are paid. In these cases, authors retain
copyright and SPIE licenses these articles under the
Creative Commons Attribution license (CC-BY 3.0). For
more information about Creative Commons, please visit
the Creative Commons Web site.
SPIE journals example ….
• SPIE recognizes that researchers have modest funds.
The voluntary page charges will continue to be low:
$100 per published two-column page (for journals with
both print and online formats) and $60 per published
one-column page (for journals with an online format
only).Researchers may continue to publish their articles
in SPIE journals if they do not pay page charges. This
decision will have no impact on the review process or
timing of publication for such articles. If they are
accepted, these articles will be published under access
control with the standard SPIE transfer of copyright.
Open Archive
• ‘Green’ open access (self-archiving): the published
article or the final peer-reviewed manuscript is archived
by the researcher in an online repository before, after or
alongside its publication. Access to this article is often
delayed (‘embargo period’) at the request of the
publisher so that subscribers retain an added benefit. In
Aalto University the open archive is at the moment
Aalto University Publication Archive
• https://aaltodoc.aalto.fi/
• Aalto University publication archive. The goal of the
archive is to increase the visibility, use and impact of the
university's research publications by offering them to
use through the university's own archive.
• The archive consists of full text materials produced in
the university, such as theses, journal articles,
conference publications and research materials
produced by the schools of Aalto University.
Institutional Repository
• The four main objectives for having an institutional
repository are:
– to provide open access to institutional research output by selfarchiving it;
– to create global visibility for an institution's scholarly research;
– to collect content in a single location;
– to store and preserve other institutional digital assets, including
unpublished or otherwise easily lost ("grey") literature (e.g.,
theses or technical reports).
An Example of an Open Acces
Repository at MIT
• Example : The MIT Open Access Articles collection
consists of scholarly articles written by MIT-affiliated
authors that are made available through DSpace@MIT
under the MIT Faculty Open Access Policy, or under
related publisher agreements. Articles in this collection
generally reflect changes made during peer-review.
• http://dspace.mit.edu/handle/1721.1/49433
MIT Amendment to the Publication
Agreement
• This Amendment hereby modifies the attached
Publication Agreement
• Publication agreement is subject to an irrevocable, nonexclusive license previously granted by the Author to the
Massachusetts Institute of Technology (“MIT”). Under
that license, MIT may make the Article available, and
may exercise any and all rights under copyright relating
thereto, in any medium, provided that the Article is not
sold for a profit, and may authorize others to do the
same. http://dspace.mit.edu/handle/1721.1/49433
Open acces in scientific publishing
Research funding bodies such as EU demand open acces
publishing for example EU Commission 17.7.2012
COM(2012) 401:Research results, including both
publications and data collections, need to be circulated
rapidly and widely, using digital media.
• Open access policies implemented under ‘Horizon
2020’, the EU’s Framework Programme for Research
and Innovation (2014-2020). Researchers are not
prevented from patenting their inventions and the
protection of intellectual property rights in the EU will not
suffer.
Open acces to research data in EU
• Goal to improve access to research data (experimental
results, observations and computer-generated
information) which form the basis for the quantitative
analysis underpinning many scientific publications.
Intellectual Property
Needs to be registered:
• Patents
• Registered
trademarks, circled R
• Registered Designs
• Utility Models
• Domain names
I
• Does not need to be
registered
• Copyright
• Unregistered
trademark TM
• Unregistered design
I P that cannot be registered if disclosed
before registration
• Patents
• Utility Models
• Design Right (in Asia) in Europe 12 month grace period
• A NON-DISCLOSURE AGREEMENT ( NDA) is needed
in research projects to make patent or utility model
registration possible
• Application for registration has to be filed before
publishing
Intellectual property
• Intellectual property created by research often requires
registration before being published
• Clear agreements are needed order to define
ownership of intellectual property
• Contracts concerning IPR
• For employees :
https://inside.aalto.fi/display/tutkimuksentukipalvelut/Mall
isopimukset#Mallisopimukset
• http://ace.aalto.fi/ File innovation online – employees
required to report innovations that could be patented
Practical considerations
• Agreements to publish are signed by the individual
researcher/researchers writing the article. Permission to
publish is needed from accountable project manager
according to the project agreements.
• When researchers are moving from one university or
research department of a company to an other they do
not automaticly have the right to all the background in
the old university / company – Solution is an agreement
granting user rights from the old employer
• When starting a project it should be discussed what kind
of background is used and who owns this background
Patents
• Prevents others from using the patented invention for
the duration of the patent. Patents last for a maximum of
20 years from application ( pharmaceutical patents + 5
years possible )
• exceptions for experimental use, for research to extend
knowledge by improvement or variation on the patent
• In Aalto University File the invention online service by
ACE http://ace.aalto.fi/ optional for students, required
of employees to report inventions .It takes time to draft
patent claims 6 months – 1 year, patent application has
to be filed before publishing the results
Patent
• Accepted, published patents are a source of information
for research
• Espacenet offers free access to more than 70 million
patent documents worldwide, containing information
about inventions and technical developments from the
year 1836 to today
http://www.epo.org/searching/free/espacenet.html
• About 94 % of the patents published in espacenet are
no longer effective, in these the information can be used
freely also for commercial purposes
http://www.slideshare.net/JSchox/what-dostartups-need-to-know-about-patent-law
To find the right abstraction level is essential
for patenting
• Too General is not patentable
• INVENTION that can be patented
• Too specific does not have enough
commercial value to be patented
Look up Schox videos about patenting from
copyright.aalto.fi/en website
Database right
• A collection of independent works, data or other
materials which are arranged in a systematic or
methodical way and are individually accessible by
electronic or other means
• Protection lasts 15 years from completion
• Protection to investor for example university, no
originality required
• Original compilation can get copyright protection
The Copyright mark C can be used by all
authors
• Use the circled C then , year of publication , the name of
the author Copyright 2012 Ronald Researcher (for
example in PhD Thesis ) or Copyright © 2012 Aalto
University (for projects results )
• It is possible to choose an IPR strategy where you
inform people that for example a presentation can be
used as defined by a Creative Commons lisence
• http://creativecommons.org/choose/
• Check with accountable project leader the copyright
mark usage or publishing with a CC-license
Trademark
• Trademark is used to distinguish products or services
of one trader from another in the market
• Word or a figure or a combination of these
• The form of a package or tune
• A project can register the name of the project or some
other relevant name as a trademark
• Aalto University is a trademark registered and owned
by the university
• TM mark is used without registration, circled R is for
registered trademarks
Design right
• When a design right is registered, the registration is
valid for five years from the filing date and can be
renewed for four further periods of five years, 25 years
max
• The registered designs are available in national PRH
and OHIM databases
RCD 000181607-0001Apple Inc.
Design right
Intellectual Property
• Can be lisenced, ownership can be transferred
• As a student and as an entepreneur you choose IPR
strategies in how you choose to protect and lisence
your intellectual property
• Aalto employees must report invention online to ACE
Aalto Center for Entepreneurship http://ace.aalto.fi/
• If patenting is done by Aalto, researcher gets a
percentage of net income from patent, usually 40 %
Revenue from patents
• Selling ownership of patent portfolio or company +
patents
• Stick licensing- claim patent infringement, start court
proceedings in order to force company to buy a license
• Carrot lisencing – licenses form an attractive package
for the buyer
• Carrot lisencing – service + a license form an attractive
package for the buyer