How Intellectual Is Your Property

HOW INTELLECTUAL PROPERTY WHAT IS INTELLECTUAL PROPERTY (IP)? Intellectual property refers to creations produced by the mind INDUSTRIAL PROPERTY Concerns inventions, patents, trademarks & industrial designs COPYRIGHT Covers works of art and literature TRADEMARK Google A recognizable sign identifying the source of a product or service PATENT Exclusive rights an inventor holds to an invention TRADE DRESS Product design and appearance Protected under federal law - must be non-functional and distinctive TRADE SECRETS Г ТОР | SECRET Confidential information valuable to an organization Not protected in the same way as other IP - trade secrets may not be disclosed as this constitutes unfair competition Trade secrets may be protected indefinitely INDUSTRIAL DESIGN RIGHTS Protects a design or pattern In the US, design patents last for 14 years INTELLECTUAL PROPERTY ACCOUNTS FOR 20% 48% OF US GDP OF US ECONOMIC GROWTH лА л IP-intensive industries employ 55 MILLION WORKERS лл л л Salaries on average are Accounts for approximately 30% HIGHER 74% than non-IP-intensive industries of US exports INTELLECTUAL PROPERTY LAWS (US) START THE COPYRIGHT 1787 CLAUSE OF THE UNITED STATES CONSTITUTION THE BUENOS AIRES CONVENTION 1910 Requires a copyright notice to be attached to works Limits the duration of copyrights Ensures the rights of scientists and artists to profit from their work Original length of copyright: 14 years THE LANHAM 1946 (TRADEMARK) ACT TM Prohibits trademark infringement, trademark dilution and false advertising COPYRIGHT ACT OF 1976 PATENT COOPERATION * TREATY (PCT) 1970 Defines rights of copyright holders International treaty for seeking patent rights around the world Establishes the principle of "fair use" Sets copyright period based on author's death 146 contracting states in 2012 COPYING. 90% TRIPS 1995 AGREEMENT Sets minimum standards for intellectual property regulation for signing parties THE DIGITAL 1998 Copyright and patent rights must be provided and enforced COPYRIGHT ACT Signed by 158 countries Criminalizes products and services designed to circumvent DRM Increases penalties for online copyright infringement THE 2011 LEAHY-SMITH THE INTELLECTUAL AMERICA INVENTS ACT PROPERTY PROTECTION AND COURTS AMENDMENTS ACT Switches the US patent system from "first to invent" to "first to file" Aims to prevent and punish counterfeiting/copying of copyrighted materials Makes various changes to US patent law FINISH PATENT STATISTICS (2012) +, 542,815 patent applications were filed with the US Patent and Trademark office in 2012 This figure includes new applications and requests for re-evaluation of rejected patents INTERNATIONAL PCT STATISTICS 194,480 45,134 146 128 APPLICATIONS APPLICANTS PCT MEMBER COUNTRIES IN WHICH FILED STATES APPLICATIONS WERE FILED TOP 3 COUNTRIES COUNTRIES WITH THE FILING PATENT APPLICATIONS BIGGEST GROWTH IN PCT APPLICATIONS FROM 2011-2012 JAPAN 472,417 JAPAN +4,786 CHINA CHINA 435,608 +2,225 USA USA 432,298 +2,147 TOP 3 TECHNOLOGICAL FIELDS FOR PCT APPLICATIONS ELECTRONIC 13,293 MACHINERY DIGITAL 12,616 COMMUNICATIONS COMPUTER 12,391 TECHNOLOGY PATENT LITIGATION AND THE US ECONOMY PATENT 4,015 patent actions were filed in 2011 a record high 80% of patent damages awards between 2006 and 2011 were to address reasonable royalties Between 2006 and 2011, the median damages award was $4 MILLION The average cost of a patent lawsuit is $1.6 - $3.8 MILLION The average settlement cost for a small or medium business is $1.33 MILLION Median time to trial is THE TELECOMS 2.3 YEARS industry had a higher median damages award than other industries Between 200O and 2010, patent trolling has cost companies $86.7 billion in damages, while earning trolls only $7.6 billion +250% 62% Patent trolling Trolls purchase patents to retroactively sue companies using them 62% of patent litigations in 2012 were initiated by trolls Lawsuits by trolls have increased by almost 250% since 2011 cost US companies $30 billion SOURCES upcounsel www.wipo.int/about-ip/en/ visual.ly/obama-vs-romney-intellectual-property en.wikipedia.org/wiki/Copyright www.gsjw.com/catalogs/catalog110/section173/hle49.pdf en.wikipedia.org/wiki/Trademark en.wikipedia.org/wiki/Patent https://en.wikipedia.org/wiki/Industrial design_right#United States www.justia.com/intellectual-property/trade-secrets/ en.wikipedia.org/wiki/Lanham Act en.wikipedia.org/wiki/Copyright_Act of_1976 en.wikipedia.org/wiki/Patent Cooperation_Treaty en.wikipedia.org/wiki/Agreement on Trade-Related Aspects of Intellectual Property_Rights en.wikipedia.org/wiki/Digital Millennium Copyright Act www.govtrack.us/congress/bills/108/hr3632#overview en.wikipedia.org/wiki/America_Invents_Act www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_9012013.pdf images.fastcompany.com/upload/patents-infographic-xl.jpg www.pwc.com/en_US/us/forensic-services/publications/assets/2012-patent-litigation-study.pdf www.ritholtz.com/blog/wp-content/uploads/2010/09/focus-mopatents.png http://en.wikipedia.org/wiki/List of countries_by_patents 2004