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How not to get ripped off

Laurence Kaye Solicitors

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Agenda

• Intro

• Types of IP rights

• How to protect those rights

• How to make money from those rights

• How not to get sued

Laurence Kaye Solicitors

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Intro

Laurence Kaye Solicitors

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Intro

How do I get to here?

Laurence Kaye Solicitors

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Intro
IPRs

Laurence Kaye Solicitors

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Intro

IPRs

“monopoly rights that creators are

granted over their intellectual creation”

Laurence Kaye Solicitors

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Agenda

• Intro

• Types of IP rights

• How to protect those rights

• How to make money from those rights

• How not to get sued

Laurence Kaye Solicitors

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Types of rights

Copyright ©
• Literary, dramatic, musical, • Secondary works
artistic works – Sound recordings, films,

– Fixed (no copyright in idea) broadcasts, typographical

arrangement
– Original (not copied)

– De minimis?

Laurence Kaye Solicitors

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Types of rights

Copyright
• Duration • Restricted acts

• Authorship – Copying

– Issuing copies to public

• Ownership
– Performing/showing/playing

– Communicating to public

– Making available to public

– Adapting Laurence Kaye Solicitors

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Types of rights

Trade Marks
• “Any sign capable of being represented graphically which
is capable of distinguishing the goods or services of one
undertaking from those of another undertaking.”

• Registered? ® Monopoly right

• Not registered?  Passing off

Laurence Kaye Solicitors

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Types of rights

Design Rights
• Registered (RDR) • Unregistered (UDR)
– Novelty – Original

– Individual character – Not commonplace

– Infringing act – Infringing act

Laurence Kaye Solicitors

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Types of rights

Patent
• (P) • Not excluded

• New • Software?

• Inventive step • Duration

• Capable of industrial
application

Laurence Kaye Solicitors

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Database Rights Types of rights

Laurence Kaye Solicitors

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Types of rights

www.enhanced-editions.com

Laurence Kaye Solicitors

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Types of rights

Laurence Kaye Solicitors

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Types of rights

Laurence Kaye Solicitors

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How to protect those rights

• Intro

• Types of IP rights

• How to protect those rights

• How to make money from those rights

• How not to get sued

Laurence Kaye Solicitors

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Intro

Keep it confidential

Laurence Kaye Solicitors

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How to protect those rights

How to protect those rights

• Copyright

• Trade marks

• Design rights

Laurence Kaye Solicitors

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Types of rights

Laurence Kaye Solicitors

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Types of rights

Laurence Kaye Solicitors

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How to make money from those rights

• Intro

• Types of IP rights

• How to protect those rights

• How to make money from those rights

• How not to get sued

Laurence Kaye Solicitors

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How to make money from those rights

How to make money from those rights

• Use
• Assignment
• Licensing

Laurence Kaye Solicitors

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How to make money from those rights

Business Models
• Ad-based
• Subscription
• Micropayments
• Freemium

Laurence Kaye Solicitors

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How not to get sued

• Intro

• Types of IP rights

• How to protect those rights

• How to make money from those rights

• How not to get sued

Laurence Kaye Solicitors

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How not to get sued

How not to get sued

Laurence Kaye Solicitors

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How not to get sued

How not to get sued

Laurence Kaye Solicitors

 Guide to working with IP

• Pitching your idea? Protect it first

• Value your IP
• Collaboration’s the name of the game
• Spell out the deal terms… in writing!
• Do the deal, but allow for the exit
• What are the things you don’t know you don’t know?

Laurence Kaye Solicitors

 Laurence Kaye Solicitors
Legal solutions for the digital age

Laurie Kaye
laurie@laurencekaye.com
Mailin Bala
mailin@laurencekaye.com T: 01923 352 117
Yasmin Joomraty Web: www.laurencekaye.com
yasmin@laurencekaye.com Blog: http://laurencekaye.typepad.com