Creative Industry Services. One of the most significant changes to the European patent system since the creation of the European Patent Organisation. Agents, lawyers and consultants — under one roof. Patent, trade marks and other rights that protect revenue streams and add business value. In-depth understanding of an uncommonly wide range of technologies and industries.
Obtaining robust IP protection in new markets. Pop group Sugababes launched their latest comeback last week, but this time with a very valuable asset up their sleeves: the original Sugababes name. Protect, enforce, commercialise Agents, lawyers and consultants — under one roof. Protect, enforce, commercialise.
Do I need to protect my IP? Cross-sector expertise In-depth understanding of an uncommonly wide range of technologies and industries. Consider carefully, however, whether to permit your partner to register your IP rights on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end.
Keep an eye on your cost structure and reduce the margins and the incentive of would-be bad actors. Projects and sales in the EU require constant attention. It is also recommended that small- and medium-size companies understand the importance of working together with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both EU or U. These include: The U.
Some excellent resources for companies regarding intellectual property include the following: For information about patent, trademark, or copyright issues -- including enforcement issues in the United States and other countries -- call the STOP! Copyright Office at: The toolkits contain detailed information on protecting and enforcing IP in specific markets and also contain contact information for local IPR offices abroad and U.
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In any foreign market companies should consider several general principles for effective protection of their intellectual property. It is advisable to avoid jointly owned intellectual property rights.
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Jointly developed intellectual property rights may be defined as intellectual property rights developed together by the two or more parties, where the list of inventors includes employees from both parties and where the parties share the cost and risk of the research and development work and its results. Jointly owned intellectual property rights however may be defined as two or more parties having shared ownership and control of the very same intellectual property rights or patents.
This may mean that a joint decision is required by all parties for practically any or all disposal of the intellectual property rights. Jointly owned intellectual property rights face challenges at each and every stage of the patenting process and differing business needs create different patent coverage needs. The drafting, filing and prosecution of a patent therefore becomes complicated and more expensive, and the end result may not be optimal for some or all of the parties involved.
The licensing of jointly owned patents dilutes the value for both owners if a license is available from both owners. There is no effective means to grant a covenant not to sue or a non-assert. The divestment of jointly owned intellectual property rights also creates challenges.
Also warranties typically require full ownership. When declaring essential patents for an interoperability standard, both owners must declare and commit to the same rules to make the declaration effective. If involved in patent litigation, most countries require both owners as plaintiffs and without common interest to sue, the patent is basically worthless. There are differences in intellectual property law, or the interpretation of intellectual property law, between jurisdictions.
A patent can be owned jointly if devised jointly by more than one person. As far as US patent law is concerned, the default rule is that each joint owner can utilize or exploit the patent without the permission of the other joint owners. Further, the exploiting joint owner has no responsibility to share royalty revenues with any other joint owner.
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However, to enforce the patent, all the joint owners must join in the law-suit. If one joint owner wishes to sue rather than license a third party, any other joint owner can terminate the law-suit by simply refusing to join in or by granting a license. It is most important to realize that there are multiple regimes of intellectual property protection.
The situation with joint ownership becomes even more complicated if multiple forms of IP are involved, each with differing default rules. For example, contrary to the US patent rule joint owners of a US copyright must share royalties. Almost all useful products are protected by multiple forms of intellectual property such as patents, designs, trademarks and copyright.
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Such complexity arises for example when a software product that is covered by both patent and copyright is licensed by a joint owner. Joint owners would need to determine which percentage of the software product is exempt from royalty-sharing under US patent law and which percentage is subject to royalty sharing under US copyright law. The Chinese Patent Law was first promulgated in and has since been amended twice, in and