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Best practices. Latest news and events Innovative, Collaborative, Regional: Smart intellectual property for a competitive Europe.
What is an Intellectual Property Licensing Strategy?
Read more. Training for intermediaries within the conference Technology Transfer in Slovakia and abroad Recently added tools. Guide to IP management for business managers - in French. Download Information. Trade Secrets Guidebook and Sample Contracts. Download Information Fiche. IP as a source of inspiration Patent information sources should be used by organisations in their research and development for any of the processes below: Investigating the "prior art" see section "Which kind of IPR?
It can lead to a situation of cross-licensing , with the two businesses exchanging licenses on some of their patents. However, do not let anyone see it without having a confidentiality agreement in place first. Also, if you have an invention, be careful not to chase money in relation to that invention before lodging an application for patent protection.
Commercial use or even an exhibition of the invention before you file a patent application may prevent you from receiving a patent. Keep track of all your development and protection costs to help put a value on your IP and give you an idea of how profitable your venture needs to be to recover costs. Research your potential market and understand the likely consumers, buyers, licensees, investors, manufacturers and distributors. This will help you work out your unit cost and should give you a basis to see if your product or service is competitive.
IP business management
Search the patent, trade mark and design databases to ensure your ideas are new and to avoid infringing the rights of others. Get educated, and also take advantage of support groups such as inventors' associations, your local business enterprise centre and government agencies for assistance. There are different ways to make money from IP.
You can sell it, license it or make products yourself. It might be more profitable in some cases not to manufacture your idea yourself.
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You can seek professional advice before entering into contractual agreements with others. Keep an eye out for anyone who may infringe your IP. They can erode your market share and poor-quality imitations can quickly ruin your brand's reputation. You might consider developing an infringement strategy and consider IP insurance. Skip to main content. Home Patents Patents If you have a device, substance, method or process that is new, inventive and useful, you may need a patent. Trade marks If you want to distinguish your goods, services or both from those of another business, you may need a trade mark.
Designs If you want to protect the unique visual appearance of a product, you may need design rights. Understanding IP Find out what you need to know to get started and progress your intellectual property IP journey including tips on taking your idea to market in Australia and abroad. The first type of intellectual property right is a trade secret.
All inventions generally start out as a trade secret of the inventor. Inventors have an instinctual desire to keep their ideas secret. To market your invention, you should protect your idea with one or more of the other types of intellectual property rights: patents, trademarks, and copyrights.
To protect your idea effectively when you launch your product, you need to utilize one or more of the other three types of intellectual property before you commence your marketing activities. The table below illustrates each of the four different types of intellectual properties and what they might be used to protect in a broader sense.
You must select the most suitable form of patent protection to effectively protect your idea or device. The information below highlights how you might determine which one of these intellectual property rights might be best for you to use to protect your invention. The discussion will also highlight and provide further clarification on some of the more significant information provided in the table. Most people do not know or have not really realized that they are able to protect their invention using multiple types of IP rights.
However, most products can be protected by all four types of intellectual property rights. The formula for the actual soda is a trade secret, while copyright protects the packaging art. Likewise, your product can most likely be protected by one or more of the different types of intellectual property rights.
It is important to parse out which aspects of the invention or idea are suitable for patent protection, trademark protection, or copyright protection, and which aspects of the invention or idea should be protected by trade secrets. Be open-minded when you think through the types of intellectual property that might be applicable to protect your invention.
To identify the trade secrets in your idea, you need to understand the definition of a trade secret.
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These include information, such as a business plans, customer lists, ideas related to your research and development cycle, etc. Trade secrets are not registered with a governmental body. All you need to do to establish your information as such is to treat it as a trade secret. Only those with a need to know should have access to your trade secret information.
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Disclosures should be done only under a nondisclosure agreement. When someone misappropriates your trade secret, you have to prove in a court of law that the information qualifies as your trade secret. You have to show that the information that was misappropriated was valuable because of its secrecy and you must show the steps you took to keep it secret. Put simply, the owner of the trade secret information must prove that the confidential information fits the definition of a trade secret given above.
Trade secret protection lasts until the information is no longer valuable, the information is not secret, or the owner no longer takes reasonable steps to maintain its secrecy. Trade secret law specifically protects the misappropriation of trade secret information. This means that a wrongful or nefarious act must accompany the acquisition of the information. For example, if someone acting as an imposter steals trade secret information from its owner, the owner can sue the imposter for misappropriation of trade secrets. However, if the owner voluntarily gives trade secret information to an individual without limitation, there has been no misappropriation, and the owner cannot sue.
It is also possible that the information may lose its status as a trade secret. Most inventions start off as trade secrets which provides short-term protection prior to the marketing of your invention. Inventors are often initially cautious about revealing their inventions to others, even their patent attorney, and this is a good instinct to have.
Trade secret protection is not appropriate for the long-term protection of any ideas which can be readily ascertained by reverse engineering or for inventions that can be independently created. If the information can be reverse engineered or independently created, then there is no nefarious act. If there is no nefarious act that accompanies the acquisition of the information, there is generally no misappropriation or wrongful appropriation of the trade secret information.
https://sofycylahyje.tk Generally, trade secret protection is not optimal for mechanical or software products since both utilize a user interface that is available to the public and can therefore be reverse engineered. Trade secret protection may be optimal and sufficient for ideas and inventions that can be used secretly and therefore could not be reverse engineered e. Your brand needs to be protected because you do not want to invest time and money only to find out later on that you have to switch to a different trademark because someone else already using your trademark.