Confidentiality Protects Our Future
This training module is to provide you with an overview of Intellectual Property (IP) and Intellectual Property Rights (IPR) to help you follow the Detectortesters testing technology for No Climb Products Limited Confidentiality Agreement and policy.
Why Confidentiality is important!
Our company's success is dependant on our products and their patented designs in their entirety. Our jobs are dependent on the success of our company. Confidentiality is paramount for all, at any time!
To protect our organisation, you will be asked to complete this module and a number of test questions. This will act as a contractually binding agreement, with your staff policy. This will protect the business, it's future and your future.
Confidential Information means that for all confidential or proprietary information relating to Detectortesters testing technology from No Climb Limited that is disclosed or made available at any time, you will undertake to:
Keep the Confidential information secret and confidential
Not use or exploit the Confidential Information in any way except for, or in connection with, the designated purpose
Only make disclosure of the Confidential Information to any of Our Officers, Employees, Advisors, Sub-contractors and contractors that need to know the relevant Confidential Information at any time.
Any other disclosure can only be made with Our prior written consent.
If you are a Project Lead / Project Manager, consider whether you need IP/IPR early on in any project lifecycle.
Confidentiality covers all of our assets (however recorded or preserved) and is protected by the law of Confidentiality covering:
Business to Business (B2B) Agreement (e.g. Confidentiality Agreement (CA), Non Disclosure Agreement (NDA), Proprietary Information Agreement (PIA) plus a Condition of Contract.
Tangible and Intangible
Protecting tangible (e.g. Documents, drawings) and intangible items (e.g. Software, Verbal (but should be recorded)
If No Climb Products Limited (trading as Detectortesters) created it – we can use it!
If not created by No Climb Products Limited (trading as Detectortesters) – permission from owner to use and / or release is required?
Once available in the public domain we CANNOT protect IP
Are intangible items covered by IP?
- a) Yes, intangible items such as software are covered under IP but must be recorded.
- b) No, only tangible items are covered under IP
- c) Software is not covered under IP
Are tangible items covered by IP?
Commitment: "....I will ensure that Detectortesters testing technology for No Climb employees will understand the value of data; respect all Intellectual Property and Proprietary data rights; control and protect data at all stages of a project/contract.”
“... I attach great importance to the protection of Intellectual Property for Detectortesters testing technology for No Climb , our partners and affiliates.
To protect the future prosperity of our business it is imperative that we protect our own Intellectual Property assets and retain the goodwill of partner organisations, by protecting theirs.”
What is Intellectual Property (IP)?
Intellectual Property is described as ‘creations of the mind’
Invention....e.g. gadget, machine, literary / artistic work, recordings, symbols, names and images used in commerce
Something unique that you physically create
An idea alone is not IP. An idea for a book isn’t IP - Words written are IP
What is Intellectual Property? (2 answers)
- a) Machine Invention
- b) An idea for a book
- c) Words in a book
Drawings, reports, documents (TD, Bids etc.), presentations etc.,
procedures, processes etc., No Climb Products Limited (trading as Detectortesters) Logos
Types of Intellectual Property (IP) protection:
Patents, Designs (registered and unregistered), Copyright,Trademarks
Intellectual Property Rights (IPR):
A range of legal rights which protect these ‘creations of the mind’
IP is either protected automatically or can be registered
IPR also details use of the IP
How does IP protect itself?
- a) IPR: Intellectual Property Rights
- c) Financial Corporation Authority
What are Patents?
Patents protect the ‘features and processes’ that make things work. This includes what they are made of, how they are made, what they do & how they do it.
A Patent can enable the owner to prevent others from using, importing, making or selling an invention, without permission. Patents provide monopoly protection, copying need not be established.
It can last 20 years (from the date you apply for it), provided renewed every 5 years.
What do patents protect? (multiple answers)
- a) Features that make things work
- b) Materials
- c) Function
- d) Colour
How long does patent last?
- a) 20 years
- b) 5 years
- c) 20 years from the date of application
- d) 20 years from the date of application (if renewed every 5 years)
Designs: Registered rights provide monopoly protection (e.g. government offers exclusive rights to offer a particular service in a specific region), unregistered rights prevent copying.
Registered rights (both UK and EU) provide 25 years, UK unregistered rights provide between 10-15 years protection depending on certain factors. Unregistered Community Designs provide 3 years from date made public.
What is the difference between registered and unregistered rights? (multiple answers)
- a) Unregistered rights prevent copying
- b) Registered rights provide monopoly protection
- c) UK unregistered rights provide 10-15 years protection
- d) Unregistered community designs provide 3 years protection from date made public
- e) Registered rights prevent copying
What is Copyright?
Copyright is an automatic right in works which are fixed, e.g. in writing. Works may be in any medium such as technical manuals, presentations, software, drawings.
Copyright under English Law is available as of right, i.e. it does not require registration. The protection is for the work itself, not an ‘idea’ inherent in it.
Copyright is a right to prevent others from reproducing copyright works. Copyright is infringed if the whole or a ‘substantial part of the protected work is used.
This depends on the type of work, however, as an example written works are protected for the life of the creator +70 years.
Does copyright require registration?
- Copyright does not require registration.
The trade mark owner has the exclusive right to use the trade mark in respect of the goods/services for which it is registered. If a trade mark is not registered, the owner may be able to rely on common law ‘passing off’.
Passing Off: In common law countries such as England, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights.
The tort of passing off protects the goodwill of a trader from misrepresentation.
The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another.
And also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.
It lasts indefinitely, subject to 10 year renewal and can be revoked in certain circumstances.
If the trademark is not registered, what options are there for the owner?
- a) Criminal proceedings
- b) Passing Off
- c) Trade Association Tribunal
Who has Ownership? Protect our Property
You own Intellectual Property if you:
bought IP rights from the creator or previous owner
have a brand that is a trade mark
If you pay for it, it doesn’t automatically mean you own it!
Intellectual Property can:
have more than one owner
belong to people or a business
be sold or transferred
If Intellectual Property is created as part of employment or your work, the Company will own it!
Normal remedy for breach of Contract is Damages. IP/Confidential Infringement further remedy is ‘injunctive relief’. Seek injunction from Courts. Confidentiality Agreements often make specific reference to ‘injunctive relief’
If you design a product for Detectortesters testing technology for No Climb Limited, do you own it?
- a) No, if you create a product as part of your employment, it belongs to the business.
- b) Yes, it is mine.
- c) 50:50
How can you remedy an infringement of the law? (2 Answers)
- a) 5 years' Imprisonment
- b) 1 year Imprisonment and a Fine of £1,000
- c) Damages
- d) Injunction
Are you an employee or contractor?