Slide 1Slide 2Corporate AssetsTangible PropertyIntangible PropertyWhy Intangible Assets are ImportantThe Top Ten R&D Spender (2013)Nature of Intellectual PropertyTypes of IPRsPatentsRequirements for a PatentPatent Application & IssuanceCopyrightsCopyrightInfringementSlide 16InfringementInfringementTrademarksValid TrademarksTrademark InfringementTrade SecretsINTELLECTUAL PROPERTYChapter 281/13/19 Dr. Gerlinde Berger-Walliser11/13/19 Dr. Gerlinde Berger-Walliser2Confidentiality AgreementIt is understood and agreed to that the below identified discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such information, and to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that1. The Confidential Information to be disclosed can be described as and includes:Any information given during the below identified discloser gives during her Tuesday April 22 and Wednesday 23, 2014 lecture to Uconn School of Business students in the UConn School of Business, Storrs, CT, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.2. The Recipient agrees not to disclose the confidential information obtained from the discloser to anyone unless required to do so by law.3. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information. Any addition or modification to this Agreement must be made in writing and signed by the parties.4. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.Recipient of Confidential Information: Discloser of Confidential Information:Name (Print or Type): Name (Print or Type):Signature: Signature:Date: Date:Corporate Assets1/13/19 Dr. Gerlinde Berger-Walliser3PropertyTangiblePropertyIntangiblePropertyTangible Property•Land•Buildings•Facilities•manufacturing machines•material stocks•car parks•Etc.1/13/19 Dr. Gerlinde Berger-Walliser4Intangible Property·Knowledge how to manufacture/design/improve a product·Knowledge how to control/improve a process·Test data of a new product·Computer programs ·Your company's trademarks, logos, good-will·Your employees knowledge and skills·Your costumer base·Etc…1/13/19 Dr. Gerlinde Berger-Walliser5Why Intangible Assets are Important1/13/19 Dr. Gerlinde Berger-Walliser6The Top Ten R&D Spender (2013)1/13/19 Dr. Gerlinde Berger-Walliser7Rank Company US $ BillionsHQ Location1 Volkswagen 11.4 Europe2 Samsung 10.4 South Korea3 Roche Holding 10.2 Europe4 Intel 10.1 North America5 Microsoft 9.8 North America6 Toyota 9.8 Japan7 Novartis 9.3 Europe8 Merck 8.2 North America9 Pfizer 7.9 North America10 Johnson & Johnson 7.7 North America(Source: Bloomberg data, Capital IQ, Booz & Company)Nature of Intellectual Property•Unlike other types of property, intellectual property has little economic value unless it is used by many.•Intellectual property is typically expensive to produce, but cheap to transmit, giving more profit to those who do less work.•Counterfeits can be dangerous•Therefore it is crucial to protect IP by means of lawTypes of IPRs•Patent: = inventions/appearance/business models/”smell and feel”?•Copyright= particular expressions of a thought or idea, computer programs•Trademarks= commercial names or other signs•Trade secret= knowledge and information that can be kept secret1/13/19 Dr. Gerlinde Berger-Walliser9Patents•A patent is a grant by the government that permits the inventor exclusive use of an invention for 20 years.•The government protects inventors through patents to promote divulgation of knowledge•A patent is not available solely for an idea, but only for its tangible application.•Patents are not available for laws of nature, scientific principles, or mathematical formulas and algorithms.•http://www.google.com/patents/US3351836Requirements for a Patent•To obtain a patent, the new invention must be:•Novel – not known or used in this country and not published anywhere.•Nonobvious – cannot be an obvious way to do something.•Useful – must have some application, even if not commercially practical.•Once you have disclosed your idea in public it is gone! You can’t protect it through a patent anymore and you can’t prevent others from commercially using it.Patent Application & Issuance•Priority Between Two Inventors – generally, the person first to invent and file the patent is given priority over the person first to invent and use the product (since 2013) and most other countries (first to file rule)•Prior to 2013 in the U.S. First to invent rule•Provisional Patent Application – a shorter, cheaper way to file for a patent temporarily, to determine if the invention is commercially practical.Copyrights•The Copyright Act protects literature, music, drama, choreography, pictures, sculpture, movies, recordings, and architectural works.•A work is automatically copyrighted once it is in tangible form.•Use of the copyright symbol/registration is optional.•Crash courses in copyright law: http://www.youtube.com/watch?v=InzDjH1-9Ns&feature=youtu.be http://www.youtube.com/watch?v=Uiq42O6rhW4Copyright•Currently, copyrights are valid until 70 years after the death of the work’s only or last living author. In the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation.•Balancing rights of the author and promoting creativity http://www.youtube.com/watch?v=0QiO_H0-ok8&feature=youtu.be 1/13/19 Dr. Gerlinde Berger-Walliser14Infringement•The holder of a copyright owns the particular tangible expression of an idea, but not the underlying idea or method of operation.•To prove a violation, the plaintiff must present evidence that the work was original and that either: •The infringer actually copied the work, or •That the infringer had access to the original and the two works are substantially similar.•http://www.youtube.com/watch?v=XUfxovWSxTg1/13/19 Dr. Gerlinde Berger-Walliser16Source of image: