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From Food Tech Innovation Portal

Protection of IP

Why to deal with this? Intellectual property (IP) comprises the ownerships which result from intellectual activity in the industrial, scientific, literary and artistic fields. There are two main categories:
  • industrial property and
  • copyrights

According to the World Intellectual Property Organization (WIPO) Intellectual Property Handbook intellectual property rights (IPR) include:

  • patents which describe an invention and create a legal situation in which the patented invention can normally only be exploited with the authorization of the owner of the patent.
  • copyright law which is a branch of that part of the law which deals with the rights of intellectual creators. Copyright encompass particular forms of creativity.
  • trademarks are any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors
  • industrial designs which refer to the creative activity of achieving a formal or ornamental appearance for mass-produced items that, within the available cost constraints, satisfies both the need for the item to appeal visually to potential consumers, and the need for the item to perform its intended function efficiently. In a legal sense, industrial design refers to the right granted in many countries, pursuant to a registration system, to protect the original ornamental and non-functional features of an industrial article or product that result from design activity.
  • geographical indications which are names of regions/ places associated throughout the world with products of a certain nature and quality. There is probably no category of intellectual property law where there exists such a variety of concepts of protection as in the field of geographical indications.
  • protection against unfair competition means the ban of any act of competition contrary to honest practices in industrial or commercial matters , i.e. false allegations

Even though IP may be protected by law and ownership questions are fairly defined, it is necessary to enforce one's IP. Product piracy or a simple copy and paste mentality are two examples for this. According to the different nature of IP, different strategies might be useful to enforce ones IPR.

Channels of IP Protection, Source: IPR Helpdesk of the EU, Factsheet Foregroud in FP7 projects (2012)
When is it suitable/applicable? 1. Wheny you plan an innoavtion project, ensure the access rights to all relevant knowhow.

2. Assess if your newly developed product/ process/ service is capabale of being protected. If yes, consider registering for the suitable IPR type.

3. IPR enforcement is applicable when the IP owner is of the opinion that enforcing IPR is economically reasonable for the organisation. It is an estimation of probable losses through IP misuse by a third party compared to the estimated costs/ benefits of IPR enforcement.

When is it NOT suitable/applicable? IPR enforcement is not suitable when costs of monitoring and enforcement are too high.
What costs are related to it (financial, time effort etc.)? Costs and effort depend on the IPR strategy.

What’s the relevant HTE output? The Hightech Europe project itself does not focus on access rights and intellectual property. This website (Food Tech Innovation Portal) helps you identify technologies and suitable partners for European R&D projects and technical cooperations, including comments on IP/access rights for each technology.
Whom can I talk to from the HTE team? all partners

Relevant internet links Links:
Online databases and tools Tools:
Where to get advice, consultancy? Support:
  • Patent attorneys
  • Legal Aid Offices
  • EU IPR Helpdesk
Related innovation sheets Access Rights in FP7, Patents in FP7

Title Protection of IP
Aspect Legal/IP
Latest Version 20-07-2012
Completed by ZENIT


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Created by Hte zenit on 20 July 2012, at 15:34