Some information you must know about intellectual property (copyright, copyleft, trademark and patents) and design basics

1. Ideas in context
Frieda Brioschi / Emma Tracanella
frieda.brioschi@gmail.com / emma.tracanella@gmail.com
IED, 8 Mar 2016
Lesson 2/2016

2. 2. Ideas in context
Course program
1. Start-ups
2. Ideas in context
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3. 2. Ideas in context
Today’s table of content
1. What is a start-up?
2. Share your ideas with us
3. Intellectual property
4. Copyright and copyleft
5. Trademark
6. Design basics
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4. 2. Ideas in context
What is a start-up?
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5. 2. Ideas in context
Inspiration
https://www.youtube.com/watch?v=JozAmXo2bDE
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http://rockin1000.com

6. 2. Ideas in context
Quick recap
What we learnt from the experiences we analyzed during last
lesson:
• Time-to-market <= 2 years
• Funds availability doesn’t really make the difference
• Acquiring or be acquired could be a measure of success
• Passion and team are core values
• Never ever ignore your customers!
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7. 2. Ideas in context
What’s a startup?
An enterprise that has been established recently
Whose goal is to develop, produce and market certain
goods or services
These products are the results of research, or the
company uses a high rate of innovation in its activity
Startups do not pertain just to the digital world, but are
established across all sectors
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http://www.sviluppoeconomico.gov.it/images/stories/documenti/startup_eng_rev.pdf

8. 2. Set up a startup in Italy
General idea
Over time, Italy has demonstrated that it is able to develop by
exploiting some of its great strengths:
• clothing and fashion,
• furniture,
• automation technology and mechanics,
• food and wine industry.
It has created and developed companies that can sell their best
products around the world. In many cases they have even become
global leaders.
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http://www.sviluppoeconomico.gov.it/images/stories/documenti/startup_eng_rev.pdf

9. 2. Ideas in context
A couple of questions
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10. 2. Ideas in context
1. I can do whatever I want with an opera: by José Saramago (A) by
William Shakespeare (B) I found on the internet, if I properly credit the
author (C) my own opera (D)
2. I’ve an idea for a startup (yes/no)
3. I’d love to open my startup in (country)
4. I want to patent: my software (A), my idea (B), a dress I’m designing
(C), a logo (D), a company (E)
5. I heard about copyleft and I thought: yeah, it’s great (A), are you
crazy?!? (B), I’m confused (C), no opinion (D)
6. Designing my project I will: keep all information secret (A), discuss
details with my team (B), share vertical points on a social network (C),
look for a mentor (D)
7. List the costs you foresee if your core business is making bycicle (list)
8. Which is the last social network you signed up? (name)
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11. 2. Ideas in context
Question 1, 4 and 5 are about
intellectual property
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12. 2. Ideas in context
IP
Intellectual property (IP) is a legal concept which refers
to creations of the mind for which exclusive rights are
recognized.
Common types of intellectual property rights include
copyright, trademarks and patents.
In italian a preferred term is "industrial property".
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13. 2. Ideas in context
Author’s rights
In Italy, law 22 aprile 1941 n. 633 “Protezione del diritto
d'autore e di altri diritti connessi al suo esercizio”.
Two distinct components:
1. economic rights in the work
2. the moral rights of the author
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http://en.wikipedia.org/wiki/Copyright_law_of_Italy

14. 2. Ideas in context
Moral rights
1. Right of attribution
2. the right to have a work published anonymously or
pseudonymously
3. right to the integrity of the work (bars the work from
alteration, distortion, or mutilation)
Anything else that may detract from the artist's relationship
with the work even after it leaves the artist's possession or
ownership may bring these moral rights into play.
Moral rights are inalienable.
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http://en.wikipedia.org/wiki/Moral_rights

15. 2. Ideas in context
Economic rights
The economic rights are a property right which is limited
in time (70 years after the author’s death in Italy) and
which may be transferred by the author to other people.
They are intended to allow the author or their holder to
profit financially from his/her creation, and include the
right to authorize the reproduction of the work in any
form.
The authors of dramatic works (plays, etc.) also have the
right to authorize the public performance of their works.
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16. 2. Ideas in context
Copyleft
It allows for rights to distribute copies and modified
versions of a work, and requires that the same rights are
preserved in modified versions of the work.
Copyleft is a general method for making a work free
(libre), and requiring all modified and extended versions
of the work to be free as well.
This free does not necessarily mean free of cost, but free
as in freely available to be used, distributed or modified.
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http://en.wikipedia.org/wiki/Copyleft

17. 2. Ideas in context
Copyleft Vs Copyright
Copyright law is usually used to prohibit others from
reproducing, adapting, or distributing copies of the
author's work.
Under copyleft an author may give every person who
receives a copy of a work permission to reproduce, adapt
or distribute it and require that any resulting copies or
adaptations are also bound by the same licensing
agreement.
Creative Commons are the most known copyleft licenses.
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http://en.wikipedia.org/wiki/Copyleft

18. 2. Ideas in context
Creative Commons
Creative Commons is an US foundation, created in 2001,
which aims to develop, support and steward legal and
technical infrastructure that maximizes digital creativity,
sharing and innovation.
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http://creativecommons.org

19. 2. Ideas in context
Licenses
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https://creativecommons.org/licenses/

20. 2. Ideas in context
Rights
20 https://creativecommons.org/choose/

21. 2. Ideas in context
Trademarks
A trademark is a recognizable sign, design or expression
which identifies products or services of a particular
source from those of others.
The trademark owner can be an individual, business
organization, or any legal entity.
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http://en.wikipedia.org/wiki/Trademark

22. 2. Ideas in context
Trademarks
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23. 2. Ideas in context
Trademarks
The law considers a trademark to be a form of property.
Proprietary rights in relation to a trademark may be
established through actual use in the marketplace, or
through registration of the mark with the trademarks
office.
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http://en.wikipedia.org/wiki/Trademark

24. 2. Ideas in context
Registered trademarks
A registered trademark confers a bundle of exclusive
rights upon the registered owner, including the right to
exclusive use of the mark in relation to the products or
services for which it is registered.
In Italy the national registration process should be sent to
Ufficio Italiano Brevetti e Marchi (UIBM). Registration
lasts 10 years and is renewable.
An european registration can be done at Ufficio per
l'armonizzazione nel mercato interno (UAMI), and an
international registration can be done at WIPO.
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25. 2. Ideas in context
Registered trademarks
Registrations can in particular cases be approved for
preexisting designs.
Similar trademarks may coexist in different fields of
business.
Registrations can be challenged if deemed unfair, and
eventually dropped.
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26. 2. Ideas in context
Registered trademarks
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http://gizmodo.com/5141575/apples-bloodiest-patent-and-copyright-clashes

27. 2. Ideas in context
Patent
A patent consists of a set of exclusive rights granted by a
sovereign state to an inventor or their assignee for a
limited period of time, in exchange for the public
disclosure of the invention.
An invention is a solution to a specific technological
problem, and may be a product or a process.
The exclusive right granted to a patentee in most
countries is the right to prevent others from making,
using, selling, or distributing the patented invention
without permission.
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http://en.wikipedia.org/wiki/Patent

28. 2. Ideas in context
Types of patents in Italy
Invention patent: it’s the stronger and higher form of protection,
used for technological innovation in products, processes or
solutions (including new vegetables varieties). 20 years, non
renovable !
Utility model: A weaker patent, easier to obtain but harder to
defend. Limited to products and physical objects. It’s used for
inventions that improve on existing products. It protects the form,
too, provided that thare is a provable enanchement in functions. 10
years, non renovable. !
Tip: Italian law –art 84 CPI- allows to request both patents for the
same invention, leaving the choice of the most fitting to the patent
office
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http://ufficiobrevetti.it/en/patents/

29. 2. Ideas in context
Types of patents in Italy
Model or design registration (not properly a patent): it’s
the weaker and most limited patent, providing basic
protection to form, colors and design of a specific model
of product.
It’s extremely easy to apply, up to 100 variants of the
same design can be deposited with a single instance.
This is mostly used in fashion, design and styling
business, allows for quick prosecution of fakes.
25 years, taxes could be payed in installments.
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http://ufficiobrevetti.it/en/patents/

30. 2. Ideas in context30
Apple Vs Samsung

31. 2. Ideas in context
Filing a patent
A prototype is not needed, a thorough description with detailed drawings is enough.
Requirements:
• Novelty (never patented before, anywhere)
• Originality (non obvious, different from current state of art)
• Industrial Applicability (no arts & crafts, must be reproduced industrially)
• Legality (must not offend morality, break law and impair order) !
To maintain validity, a patent MUST BE REALIZES WITHIN 3 YEARS FROM
REGISTRATION (or 4 years from applocation). Since 1 jan 2006 filing a patent is FREE
from fees. Some costs could arise in order to provide the required documentations, a
free cost assessment could be requested on Ufficio Brevetti’s website.
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http://ufficiobrevetti.it/en/patents/

32. 2. Ideas in context
Question 6 is about design,
tactic and behavior
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33. 2. Ideas in context
Design a project
• no ToDo list available
• every project is different, according to its story, your
team, the chosen field, etc.
• we can just identify some good practices and useful
tools
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34. 2. Ideas in context
How to start
Starting a project implies
• to have clear goals (both quantitative and qualitative)
• these goals must be reached in a fixed time
• using available resources (human and monetary)
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35. 2. Ideas in context
Basics
Discuss your hunch as much as possible, and evaluate
every single feedback you receive.
If you want to patent your product don’t offer too many
details.
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36. 2. Ideas in context
Where do good ideas come
from?
http://www.youtube.com/watch?v=NugRZGDbPFU
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http://ufficiobrevetti.it/en/patents/

37. 2. Ideas in context
Question 7 is about direct
and indirect costs
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38. 2. Ideas in context
We’ll discuss it soon!
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