Intellectual Property in the Age of Internet – Online Risks and Opportunities during the COVID-19 Crisis Dr. Marta Bettinazzi IP Business Advisor South-East Asia IPR SME Helpdesk 21 April 2019 Welcome to the Webinar Moderator: Nora Bihari Project Manager South-East Asia IPR SME Helpdesk An initiative of the © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Speakers Carlo Liay Dr. George Tzogopoulos Dr. Marta Bettinazzi Business Relations Manager Senior Research Fellow IP Business Advisor ICCPI – Italian Chamber of CIFE – Centre International de South-East Asia IPR SME Helpdesk Commerce in the Philippines Formation Européenne Webinar Interaction Tool Hide Control Panel here View in Full screen mode here Raise your hand here Send the IP expert a question here Webinar 24 hour technical support number: http://support.gotomeeting.com ‘Contact Us’ section An initiative of the © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Agenda (Belgium Time Zone) TIME AGENDA SPEAKER(s) Introduction to the SEA IPR SME Helpdesk and its Core 10:00 – 10:05 Nora Bihari, SEA IPR SME Helpdesk Service Introduction to the Italian Chamber of Commerce in the 10:05 – 10:10 Carlo Liay, ICCPI Philippines (ICCPI) Dr. George Tzogopoulos, Centre 10:10 – 10:30 The Internet in the Coronavirus Era International De Formation Europeenne 10:30 – 10:50 Protecting your intellectual property in the age of internet Dr. Marta Bettinazzi, SEA IPR SME Helpdesk 10:50 – 10:55 Q&A session All speakers 11:00 Closing Nora Bihari, SEA IPR SME Helpdesk An initiative of the © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Core Services – What we offer Enquiry Helpline Training Workshops Website & Blog Newsletter, E-Bulletin Webinars and E-learning modules Guides and factsheets An initiative of the © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Bridging business companies into the Italian and Philippine market For more information visit https://www.iccpi.org.ph/ E-mail: [email protected] The Internet in the Coronavirus Era Dr. George Tzogopoulos Senior Research Fellow CIFE – Centre International de Formation Européenne Protecting your IP in the Age of Internet Dr. Marta Bettinazzi IP Business Advisor South-East Asia IPR SME Helpdesk Before we start I have a question for you Who registered Instagram domain name in the Philippines? <instagram.com.ph> and <instagram.ph> © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. It was Ms Jiwon Song, Korean Citizen The Respondent is an individual resident in the Republic of Korea. • She has at different times registered other domain names that combine third party trademarks with the country code Top-Level Domain ("ccTLD") suffix ".ph", in some cases with the Second Level Domain ".com" or the element "com". These other domain names include <emirates.com.ph>, <googlecom.ph>, <mitsubishi.ph>, <pacificair.com.ph>, <redtube.com.ph> and <tigerair.ph>. • She registered the domain name <instagram.com.ph> on October 19, 2014 and the disputed domain name <instagram.ph> on March 8, 2016. The Instagram LLC was about to send a cease-and-desist letter • Ms Jiwon Song, offered to sell the domain names • The parties reached and agreement However, the disputed domain names were not subsequently transferred to Instagram • The Company had to file a Complaint with the WIPO Arbitration and Mediation Center (the "Center“). • 2 months later the Panel assigned the domain names back to Instagram © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. What’s the problem? granted by national law IP is born applies within national national borders to the national companies worldwide marketing transfer of technology Trade and internet are worldwide web means international worldwide risks © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Intellectual property a strange unknown thing Copyright : Literary artistic and scientific works. Software and data collection Trade marks: Distinctive sign that allows consumers to distinguish goods or services Patent: Invention or Utility solution (novel –inventive step- industrial application) Industrial design: appearance of a product (new – creative – industrial application) Geographical indication: name or a sign that connect to a specific place Trade secret: information which has not been disclosed and is applicable in business © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Let’s think about your product Trade marks: Trade secret: • Logos • Know-how • Branding • Receipt • Start up tune • Sent/colors Industrial Patent: Design: • Improved processes • Shape of the product • Inventions • Shape and • Operating system arrangement of the • Operation of User buttons/ the screen interface • User interface Copyright: •Pictures •Decorations •Software •User Manual © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Now a question for you What is an international trade mark? © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. An international trade mark DOES NOT exists What exists is the Madrid system •An international treaty that helps you registering and managing trademarks worldwide. •File a single application and pay one set of fees to apply for protection in up to 122 countries. •However you still have to choose which countries to cover Otherwise •The trade mark is strictly national and need to be registered in every country •This also applies to other kinds of IP © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Protection in the Philippines • Registration takes around 15 days Copyright • Costs of basic application approx. 12/15 € • Registration takes around 4 y. Invention Patent • Costs of basic application approx. 200 € Utility Solution • Registration takes around 8 m. Patent • Costs of basic application approx. 122 € • Registration takes around 6 m. Industrial design • Costs of basic application approx. 122 € • Registration takes around 6 m. Trade marks • Costs of basic application approx. 104 € © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. What are most common risks? Infringement by third parties • Trade Marks squatting • Online infringements • Counterfeits Infringement by potential partners • Backdoor sales • Bad faith registration • Stealing of know-how An initiative of the © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. How to take advantage of the Internet while protecting your IP Try to understand what are • Do you haven any invention to patent? • Do you have any brand name product name to register as Trade your Intellectual property mark? rights: • Do you have any copyrightable product (software, music texts )? You probably already have a website to present your products, • Are you willing to build your own E-shop your company values and get • Or you will sell your product on big players platforms? attention but… You will have to closely monitor the big players platforms to block • Do not forget that your website and everything is uploaded on it Trade mark infringements and is protected under copyright. counter faiths © European Union, 2020. Reuse is authorised provided the source is acknowledged. The reuse policy of European Commission documents is regulated by Decision 2011/833/EU OJ L 330, 14.12.2011, p.39. Intellectual property considerations in building your website If you are not going to design the website yourself write clear licensing contracts! • Ask yourself: who owns the copyright? • Make sure that neither you or the web-designers are using copyright protected materials. When you put something on internet it can be copied every where, so BEFORE lunching your website: • Register your trade mark in every jurisdiction you want to enter • Register your copyright on the text and pictures • Patent every invention your are showing on the website • Register the design of the User interface (as long as it is original and new) before lunching the website.