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The term used to describe your organisation ’ s history and its creations , which have the potential to uniquely innovate and differentiate your products and services, is Enterprise Cultural Heritage (ECH). Would you like to learn more about the theory behind ECH? Academic paper: Aaltonen, S, de Tommaso, D, Ielpa, G, Heinze, A, Kalantaridis, C, Vasilieva, E and Zygiaris , S (2010) Power of the past and SME competitiveness: A European study , in: ICSB 2010, June 24-27, Cincinnati, Ohio, USA 45202. Available online http://usir.salford.ac.uk/12488/ Wikipedia : Open resources about Enterprise Cultural Heritage at Wikipedia page: http://en.wikipedia.org/wiki/Enterprise_Cultural_Heritage Open community : Join our ECH Open Community on LinkedIn: www.linkedin.com/groups?about=&gid=3743528&trk=anet_ug_grppro What is Enterprise Cultural Heritage (ECH)?
The four pillars of ECH management Intellectual Property Management Protect and exploit your intellectual property rights highlighting the heritage assets which can have commercial value for the present and future of your enterprise. Change Management Improve your ability to develop and implement routine processes, tools and techniques which help to innovate and thus continuously adapt to changing customer needs. Heritage Management Optimise your tangible and intangible heritage assets by developing routines and policies for their preservation, organisation and stimulation of present and future enterprise activities. Brand Management Develop and implement processes to track customers’ value judgements about your product or service that help you to better differentiate your enterprise from others by highlighting your heritage assets where appropriate.
Why you need to know about IP? The MNEMOS project which researched SMEs in the craft sector in the Czech Republic, Greece, Finland, Italy and the UK identified that small companies have a low awareness of IP. Our findings are further supported by the 2010 IP Awareness survey conducted in the UK, which revealed that only 15% of SMEs have looked for advice on protecting their ideas. It is clear that small businesses are not aware how to protect and exploit their ideas and may be missing out on valuable income from their creativity. The full results of the ‘ Intellectual Property Awareness Survey of Business ’ can be found at http://www.ipo.gov.uk/ipsurvey2010.pdf
What exactly is a patent? Patents protect the features and processes that make things work – a function, operation or construction. Thus patents allow inventors to profit from their inventions - for example a technological advance or the formula of a fizzy drink. The owner of a patent has the right to stop others making, using, importing or selling the invention without permission. There are international conventions and treaties regulating patent law such as the World Intellectual Property Organization (WIPO) www.wipo.int and these are incorporated into national law such as the Patents Act 2004 in the UK. Image by Jordanhill School D&T Dept
More detail on patents To qualify for patenting, an invention must be new, possess an inventive step and be capable of being made or used in industry. Unlike other tools for IP protection, patents have to be applied on a country by country basis. You have to start with the country where you are based first and then expand. Patent related legal advice should be obtained to guide your application process. For example you could visit the following website: European Patents Office: www.epo.org If you are granted a patent, you must renew it every 5 years for up to 20 years (this varies by country) to ensure protection of your patent.
Patent examples At the time of preparation of these examples there are eight results appearing that contain the term of “ wool weaving ” and these range from 2009 to 1947: “ Novel batch sectional warping machine ” which was applied for by Dazhang Ma (China) with a publication date of 7 th January 2009, “ Improvements in or relating to the recovery of wool fibres from mixtures containing wool fibres and cellulose ester fibres. ” this was applied for by British Celanese (UK) and published on 11 th June 1947. There are a number of patents in one area. For example if you search for “ weaving wool ” in http://worldwide.espacenet.com you will get these results…
Patent search exercise Go to http://worldwide.espacenet.com/ and search for patents related to your area of interest… Is your idea (or something quite similar) already patented? Is it worth you considering patenting your idea? Think of an area where you might consider creating a patent related to your enterprise….
Introduction to Trade marks For many companies, their trade marks (™) may be their most valuable commercial asset – almost universally recognisable and perhaps also globally available. For example, as we saw in the training on brand management, the Coca Cola brand is worth much more than the company ’ s tangible assets and the recipe, which is a trade secret. The Coca Cola™ allows the consumer to confirm the origin of the product, guarantees consistency of quality and forms a basis for publicity and advertising. Trade marks play a crucial role in merchandising and can be visually recognised by the TM abbreviation
What exactly is a trade mark? A trade mark is a sign, that distinguishes your goods and services from those of your competitors. It can take the form of words, images or other graphical representations or a combination of them. Trade marking is usually used for brand names or brand logos. Image by Jordanhill School D&T Dept
More details on trade marks In Enterprise Cultural Heritage (ECH), recognisable brand elements are extremely important for defending your authenticity, so you may want to consider registering yours as a trade mark. Trade mark protection could be done on national or international level. International example: in the EU trade marking is done by the Office for Harmonization in the Internal Market (OHIM) leading to a “ Community Trade Mark ” (CTM). The benefit of registering a CTM is that it has validity in all the EU country member states. You can register your trade mark online at: www.oami.europa.eu Some examples of trade marked words are: Argos™; Tippex™; BMW™ and Sellotape™
Why isn’t everyone registering trade marks? As with patenting applying for a trade mark has associated costs in time and money. These could be consultations with legal experts, time taken completing forms and following relevant processes and the application fee. For example, the cost for the Community Trade Mark is about €1000 (in 2011) and the trade mark is only valid for 10 years with renewal costing another €1500 . Trade mark protection is a tool for your business to protect yourself and exploit your brand. If you are intending to expand internationally it can be a worthwhile investment, however, if you are a corner shop and trading in a small, remote village the risk of someone trying to use your name might be smaller. A business decision on whether there is a return on investment can only be undertaken by yourself. An indication on whether you should apply for TM and patents depends on a risk assessment and return on investment calculations. Will you be able to recoup the costs associated with this?
Trade mark records If you are in doubt whether or not a particular trade mark is registered or not, or before you name a product it is a good idea to search existing trade marks. The Office for Harmonization in the Internal Market (Trade Marks and Designs) has a good online database which operates similar to a search engine. Go to the database and search for a trade mark that you know: http://oami.europa.eu/CTMOnline/RequestManager/en_SearchBasic If you are struggling for a trade mark name to search try “Apple”
Are these trade marks acceptable? Kajdoof – Yes/ No Polka Dot Finance – Yes/ No Car Direct – Yes/ No Right for You – Yes/ No Bering in mind the trade mark guidelines, think about each one of these as potential trade marks…
Are these trade marks acceptable? Kajdoof – Yes - this is an invented word and this is arguably the most distinctive of all trade marks; Polka Dot Finance – although two well known words, it is acceptable to use the words ‘ Polka Dot ’ in conjunction with finance. It would not be acceptable to use it in textiles as it a well known term in this industry as a type of pattern on cloth; Car Direct – No - the word ‘ direct ’ describes goods and services sold directly to the public and is widely used by traders so this is not acceptable; Right for You – No - slogans like this are widely used in business and so are not distinctive enough. Ok, the “ Polka dot Finance ” was a difficult one but it shows you how complex some of these things can be and thus the need for expert legal advice is clear
More about trade marks Trade marks can protect, differentiate and add value to what you do and give you a competitive advantage in the market place. You can use your trade mark as a marketing tool so that your customers can easily recognise your products and services. Your trade marks could also be exploited by others to your benefit, for example if someone was wanted to launch a product or a service and felt it was easier if this was done under your trade mark – benefiting from your brand value. This is licensing and you can generate an income based on this. Some organisations can also accept your trade mark as a security for your loan. If you don ’ t pay your loan back you obviously risk losing your trade mark but it is another potential use which it is worth being aware of. Licensing and security for loans are just some of the unexpected financial benefits that could influence your decision on whether trade marks are right for you. This highlights the complexity of the decision and professional legal advice should be sought.
EU Protection of trade marks In 1988 the EU agreed the Trade Marks Directive and subsequently introduced its Community Trade Mark (CTM) The Directive was not intended to harmonize trade mark law across the EU but has tended to have this effect since differing trade mark regimes across the EU could act as barriers to trade between member states. The European Court of Justice (ECJ) has recognised that the primary function of a registered trade mark is as a guarantee of quality for the consumer as well being as an advertising tool for its owner. For more on the CTM please visit http://oami.europa.eu
International trade mark protection To use your trade mark outside your country you will need to apply directly to the trade mark office in each country. Or apply for a Community Trade Mark to get protection in Europe via the Office for Harmonization in the International Market (trade marks and designs) – this gives protection across all 27 EU countries (August 2011). You can use a single application system to apply for an International Trade mark (for 70 countries) through the World Intellectual Property Organisation. Learn more about the Madrid System for the International Registration of Marks from World Intellectual Property Organisation website: www.wipo.int/madrid/en/ If you are interested in international trade there might be some merit in considering registering your trade mark in all your markets.
Copyright more details Copyright is an automatic right which means that you don ’ t have to apply for it. Work protected by copyright cannot be copied without the copyright owner ’ s permission. As with other legal instruments, individual countries have variations of copyright law. For example, the law of copyright and its related rights in the UK is set out in the Copyright, Designs and Patents Act 1988 (as amended). See these links to WIPO country examples: CR: http://www.wipo.int/wipolex/en/details.jsp?id=962 FN: http://www.wipo.int/wipolex/en/details.jsp?id=7512 GR: http://www.wipo.int/wipolex/en/details.jsp?id=2008 IT: http://www.wipo.int/wipolex/en/details.jsp?id=2569 UK: http://www.ipo.gov.uk/copy.htm So far for both patents and trade marks you had to register and pay but copyright is automatic and does not need to be applied for
Copyright in digital images As with the other forms of protection, copyright provides an opportunity for income; for example those who produce images can grant permission for their use and charge for this. Still digital images (gif, jpeg, etc.) appear on nearly all websites and may benefit from copyright protection. Where a digital image is generated by a computer (i.e. there is no human author), if the work is original it will still benefit from copyright protection. An original digital photograph will attract copyright protection; companies can generate income from licensing picture rights. It is not always easy to see if an image is copyright or not; if in doubt assume that it is copyright, to be on a safe side, and ask permission to reproduce it. E.g. email website owners and ask for permission to use the image etc.
Copyright in digital images continued Where artistic works are scanned into image file format, the copyright remains with the artistic work that was copied – there is no separate copyright in the scanned image; If a scanned artistic work or other digital image is enhanced by a human author whether it attracts copyright in its own right or not will depend on the degree of skill or labour involved. If you are looking for copyright free images look out for the “ no rights reserved ” statement. This essentially allows use and re-use of digital material. Again, we can see that sometime it is not black or white who owns the copyright, if for example the original image was processed. Image by matthewf01
Creative Commons (CC): some copyright uses Creative Commons (CC) is a non-profit organization which was set-up to fill the space between the two extremes of “ All Rights Reserved ” and the “ No Rights Reserved ” . Essentially, it provides an opportunity to share work with some rights reserved. You can recognize it through the CC abbreviation. Several image sharing websites have helped in driving the adoption of Creative Commons by making it easy for their users to share their images and assign the relevant CC to them. See full details of CC licenses on their page http://creativecommons.org/licenses/ CC is a good way to share and be acknowledged for your work. But there are different types and again care needs to be taken to select which is suitable for you… Image by jorgeandresem
Creative commons (CC): example In this case we are re-using an image from Flickr and attributing it following the stipulated CC License of the author: Some rights reserved by A. Diez Herrero . The author was happy for educational use of this image and wanted us to attribute his work – which we do!
Creative commons (CC): activity CC makes copyright license selection easy for those of us who are not legally minded. Give it a go and see if it is really that simple… Creative commons is an increasingly useful way of sharing material online. If you feel that there is a benefit to you in sharing your work CC offers a simple to use form to help you make your decision as to which license is appropriate for you. To access the Creative Commons licence selection tool visit: www.creativecommons.org/choose/
European legislation In Europe, two pieces of legislation are particularly relevant to digital work: The E-Commerce Directive ( http://goo.gl/6Zv9E ) which deals with the liability of intermediaries such as Internet Service Providers (ISPs); and The Digital Copyright Directive , ( http://goo.gl/WrI9H ) which implements the World Intellectual Property Organisation Treaties and deals with copyright protection technologies; Digital technology has put copyright at a crossroads; will it disappear altogether or be consolidated and revised to address the digital future. Image by UggBoy♥UggGirl [ PHOTO // WORLD // TRAVEL ]
More about copyright The length of time copyright lasts depends on the category of work but it is usually calculated from end of the calendar year in which the creator dies for example 70 years for literary works or 50 for sound recordings and broadcasts; Many groups of copyright owners are represented by a collecting society able to agree licences with users on behalf of owners and who will collect any royalties owed. The collection societies lists are regularly published and updated on Wikipedia: http://en.wikipedia.org/wiki/List_of_copyright_collection_societies Copyright is different from patent and trade mark in that it automatically starts and expires after a specified period of time.
Exploiting your copyright Your copyright can be exploited in two main ways: By assignment: An assignment is a transfer of ownership and may be partial or for a specific period. It must be in writing and signed by or on behalf of the assignor. By licence: A licence does not involve a transfer of ownership but grants permission to carry out certain acts that fall within the exclusive rights of the owner. This is a simplification and it is a bit more intricate in reality and as with all legal information provided in this training material we hope to generate questions for you to explore further but not provide answers.
Types of licence The three main types of copyright licenses which could be considered are: Exclusive licences allow the licensee the right to carry out rights that would otherwise only be allowed to the copyright owner – to the exclusion (or prohibition) of all others including the person granting the licence; Sole licences are the same as exclusive licences except that the copyright owner still remains free to exercise the licensed rights; Non-exclusive licences allow the licensee the carry out the licensed rights but not to the exclusion of third parties or the copyright owner. Can you see which one would be most useful applicable for you?
What exactly is design? Design refers to the way an object looks and its visual appeal for example a fashion item such as iPhone or the shape of an aeroplane or car. By registering a design, the owner obtains the exclusive right to make, offer, put on the market, import or export the design or stock the product for the above purposes. OK, so far we have looked at patents, trade marks and copyright, let’s see the fourth tool - design. Image by Jordanhill School D&T Dept
More on what is a design? The design rights are infringed by a third party who makes, offers, puts on the market, imports or exports the design or stocks the product for commercial gain. As with patents and trade marks, to keep your registered design in force it must be renewed every 5 years to a maximum of four times. This gives a maximum of 25 years of design protection. See Office for Harmonization in the Internal Market (Trade Marks and Designs) for more information http://goo.gl/fRshB
Is a design is still registered? To find a certain design you can simply access these on the free database maintained by the Office for Harmonization in the Internal Market (Trade Marks and Designs). Search for any European car manufacturer brand name and type in the product “ car ” : http://oami.europa.eu/RCDOnline/RequestManager Can you recognize any of these designs? Do your competitors have registered designs which are coming up for expiry?
Country specific examples: Company names The UK Business Names Act 1985 exists mainly for the control of sensitive names or names regulated by law which need approval (see http://goo.gl/uOShl ) . Any person, partnership or company trading under a name other than their own must confirm to the disclosure requirements of the Act. ‘ John Smith, Baker ’ is allowed as long as your name is John Smith and you use a comma to make it clear that the word ‘ baker ’ is not part of your business name. You cannot call yourself John Smith ’ s Bakers or Smith ’ s Quality Bakers without complying with the requirements of the Business Names Act. Each county has some special IP related laws and in this case we are looking at the company name act from the UK as an example.
Protecting your business name Your business name is the most basic IP asset you have; since your reputation is so closely linked with your name (and brand) you will want to avoid others trading on it. If the name of your business is distinctively linked to your goods or services you may be able to take legal action through Passing Off legislation. You will get additional legal protection by registering your name as a trade mark . Remember the trade mark registration process? You can either do this in your country or apply for a community trade mark with the Office for Harmonisation in the Internal Market (OHIM).
Protecting your business name on the internet If you want to set up a website for your business you will want to register a domain name incorporating your business name or any trade marks you have; First, check whether the domain name you want is available (someone else may already have it); for example for domain names ending in ‘ .uk ’ check the Nominet website and for domain names ending in ‘ .com ’ check the Verisign website; domain names ending with ‘ .eu ’ can be checked with Eurid. Many web hosting companies offer domain searching and registration facilities – to register a domain name you must apply to an accredited registrar. For example visit www.eurid.eu You can register multiple domains – there is a cost but you are protecting your potential assets. Image by balleyne
The steps of IP Management in exploiting ECH The previous points provided you with some ideas on different laws which might be useful for your enterprise IP.
These are the four methods discussed in this training material for harnessing benefits of IP for your assets. Patent Trade Mark Copyright Registered Design Methods of protection
The development of this training material is a result of a collaborative project; MNEMOS, which researched this area of Quality and Innovation in Vocational Training for Enterprise Cultural Heritage. We would like to thank the following individuals who provided feedback and to improve this training material: Alex Avramenko, Alice Martzopoulou, Alison Kennedy, Anna Catalani, Carmela Gallo, Carolyn Downs, Costantino Landino, Eeva Laaksonen, Elisa Akola, Fiona Cheetham, Grazyna Rembielak-Vitchev, Joe Telles, Josef Svec, Niko Havupalo, Pawel Zolnierczyk, Peter Reeves, Soňa Gullová, Thomas Lemström, Tomas Lehotsky and Tony Conway. To learn more about ECH management you can visit www.enterpriseculturalheritage.org or join the ECH open community on LinkedIn: http://goo.gl/NXtFr This project has been funded with support from the European Commission. This publication reflects only the view of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Acknowledgements
References Aplin, T., Davis, J. (2009) Intellectual Property Law: Text, Cases, and Materials, Oxford University Press, Oxford, UK WIPO (2011) The Power of Brands - I.L.A.R., Accessible online http://www.wipo.int/sme/en/case_studies/ilar.html US Dept of State Information on the US perspective on trade and IPR issues EU - IPR Helpdesk Assists potential and current contractors taking part in Community funded research and technological development projects on intellectual property rights (IPR) issues http://www.charcuterie-continental.co.uk http://en.wikipedia.org/wiki/Florida_Beer_Company 5 Steps to Protect Your Intellectual Property, December 7, 2009 by Jovana Zivanovic http://EzineArticles.com/3348420 Q.Lime handbook (2006) http://www.q-lime.org/ Quality in Licensing and IPR management Education (Q.Lime) Handbook, Q.Lime project, 2006 INVENTING THE FUTURE- An Introduction to Patents for Small and Medium-sized Enterprises, WIPO (World Intellectual Property Organisation), 2006 Darrell A. Posey and Graham Dutfield. BEYOND INTELLECTUAL PROPERTY Toward Traditional Resource Rights for Indigenous Peoples and Local Communities
References to national IP bodies in MNEMOS project partner countries United Kingdom Patent Office http://www.ipo.gov.uk Greek Trade Mark Office http://www.gge.gr/ http://www.gge.gr/4/search.asp Greek Patent office http:// www.obi.gr Italy Trade Mark Office http://www.ipi.it/ Finnish Patent and Trade Mark office http://www.prh.fi/ Czech Republic Patent office http://www.upv.cz Some common terms used in these sources are: (EPO) - European Patent Office (OHIM) - The Office of Harmonization in the Internal Market ( WIPO ) - World Intellectual Property Organisation http://www.wipo.int (WTO) - World Trade Organisation http://www.wto.org/
The content included in this training material has been compiled by the MNEMOS project team from a variety of sources. The MNEMOS project team reserves the right to change the terms and conditions of use of this training material without notice and any time. The training material is produced for educational purposes only and does not offer legally binding advice. The training material as well as the www.enterpriseculturalheritage.org website are made available “as is” and “as available”. MNEMOS project team makes no representation and does not warrant: a) That the information selected for the training material and the website is comprehensive, complete, verified, organised and accurate; b) That it is licensed by the copyright or database right owner of any third party content to include or reproduce such content in this training material and the website; c) That the training material and the website will be uninterrupted and error-free; and d) That the server from which the training material and the website is available is free of viruses or bugs. Disclaimer This work is licensed under Creative Commons Attribution 3.0 Unported License .
End of IP Management training To leave the maximised screen press the ESC button on your keyboard. What would you like to do now? You can take a quiz to check your understanding of IP Management (to do this you need to be registered on the learning platform at http://training.enterpriseculturalheritage.org ) or You can take any of the other modules which help you to advance your skills in Enterprise Cultural Heritage – Heritage Management, Brand Management and Change Management.