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Business benefits and advantages of protecting intellectual property

Business benefits and advantages of protecting intellectual property. Attorney at Law Natalija Popovic, POPOVIC, POPOVIC & PARTNERS. Purpose of this short presentation-outline. What does intellectual property mean Patents Designs Trademarks Conclusion and Discussion points Q & A.

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Business benefits and advantages of protecting intellectual property

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  1. Business benefits and advantages of protecting intellectual property Attorney at Law Natalija Popovic, POPOVIC, POPOVIC & PARTNERS

  2. Purpose of this short presentation-outline • What does intellectual property mean • Patents • Designs • Trademarks • Conclusion and Discussion points • Q & A

  3. Intellectual property • What is IP? • What IP rights are relevant for most businesses? • Why is it important? • What are the challenges usually met in practice?

  4. Patents • What is a patent? • Invention= New + inventive+ susceptible of industrial application. • Legislation: Law on Patents (national legislation) and European Patent Convention (international legislation) • New solution to an existing technical problem. • Invention may be: a product, a process, an application of the product, and an application of the procedure. • Lasts for 20 years from the filing date. (in certain cases can be prolonged for an additional 5 years-Supplementary patent certificate)

  5. Patents • Benefits: • Exclusive rights of use- cutting edge technology • Various licensing possibilities- can differentiate production distribution with various partners • Usually very interesting for bigger investors • Possibility to get funding through various EU projects

  6. Patents • Downsides: • Registration and protection procedure-slow an relatively expensive (depending on the scope of territorial protection) • After the patent application is published it is known worldwide (if the patent is not granted; or in the countries where the protection was not requested; the invention can be used)

  7. Patents conclusion • Know well the market, goal range, target group of the consumers. • Exclusive protection of an invention for period of 20 years (licensing, sales, further research and development) • Different ways to get a patent- national, EU, and PCT route. • Alternatives to patent protection- individual NDA’s with interested party (secrecy, inter partes effect)- Law on protection of business secret.

  8. Industrial Design • Protection ofthe appearance of an industrial or handicrafts product. • Design consists in particular from lines, contours, colours, shape, texture and/or materials from which the product is made, or which it is decorated, and its combination • Legislation: Law on legal protection of an industrial design (national) and Hague Agreement • A 3D or 2D look of an product, or its part, determined by its visual characteristics.

  9. Industrial Design • Protection is granted for 25 years from filing date • New and individual character • Grant procedure lasts for a longer period of time, substantial examination by the National IP office • Required detailed description and visual representation of all sides and points of view

  10. Industrial designs and petty patens • Know what you have: patens=functionality, designs=visual appearance • Sometimes new products can also have an inventive step-making a difference between designs and petty patents. • Making a strategy-what do I need, what are the costs, who are my consumers, market goals etc.

  11. Trademarks • What is a trademark: sign used in the course of trade to distinguish goods and/or services of one person from identical or similar goods and/or services of another person. • Relevant legislation: Serbian Law on Trademarks (national) and Paris Convention, Madrid Arrangement and Madrid protocol. • Protection lasts 10 years can be prolonged indefinitely

  12. Trademarks-different types • Word LEGO • Figurative • Shape • Colour • Sound • Combination/Device • Slogan

  13. Trademarks-practical implication • Where do I need my protection? • Costs-getting protection and maintenance. • Getting my protection in time? What time is the right time to protect a trademark? • Customs protection, trade inspection and other benefits of trademarks.

  14. Trademarks-enforcement • Competent body- Serbian Intellectual property office. • Commercial Court has a lot of practice- relatively fast and experienced in decision making. • Infringement relatively easy to prove, whereas calculating damages can be more complicated.

  15. Trademarks-conclusion • Benefits- Relatively fast procedures and protection for all kinds of goods and services • Take home points

  16. IP in business- Conclusion • Evaluation issues-what does IP gives to your business, and what you must pay for your IP. • NDA-planning for the future today. • IP strategy before embarking on the official procedure- making an extensive research of existing technology and/or designs. • Defining what do you want and need from various types of IP protection.

  17. Thank you for your attention! • Contact: • Popović, Popović & Partners • Takovska 19, 11000 Beograd • Tel.+381 11 3239 442 • Fax. +381 11 3242646 • mail: natalija.popovic@ppsp.rs

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