WEBVTT 00:00:00.000 --> 00:00:03.240 [upbeat chimes] 00:00:04.600 --> 00:00:05.960 My name is Tamara O'Connell. 00:00:06.520 --> 00:00:09.280 I'm an intellectual property lawyer, patent agent 00:00:09.280 --> 00:00:12.440 trademark agent and patent portfolio manager 00:00:12.440 --> 00:00:14.640 at the University of Toronto. 00:00:14.640 --> 00:00:18.920 [upbeat music] 00:00:18.920 --> 00:00:20.440 It is important to note. 00:00:21.080 --> 00:00:24.102 that different intellectual property rights protect ... 00:00:24.102 --> 00:00:26.599 different aspects of products and services. 00:00:27.560 --> 00:00:30.105 You don't need to limit yourself to one single form of ... 00:00:30.105 --> 00:00:31.319 intellectual property. 00:00:32.360 --> 00:00:34.683 In fact in many cases you shouldn't, 00:00:34.683 --> 00:00:37.239 as there are limits to the scope of each. 00:00:38.440 --> 00:00:41.544 Every company uses a variety of different intellectual ... 00:00:41.544 --> 00:00:44.119 property to protect their goods and services. 00:00:45.240 --> 00:00:49.080 Companies such as Apple, Nike, and Coca-Cola 00:00:49.080 --> 00:00:52.240 use various combinations of intellectual property 00:00:52.240 --> 00:00:55.000 such as patents, industrial designs, 00:00:55.000 --> 00:00:56.920 trademarks, copyright, 00:00:56.920 --> 00:01:00.160 and trade secrets to build and protect their business. 00:01:00.960 --> 00:01:04.520 This way if one form of intellectual property should fall 00:01:04.520 --> 00:01:07.560 there may still be protection elsewhere. 00:01:07.560 --> 00:01:12.240 Industrial Design vs Patent? 00:01:12.640 --> 00:01:13.600 As an example 00:01:13.600 --> 00:01:16.675 an industrial design can cover the novel visual ... 00:01:16.675 --> 00:01:18.520 elements of a mobile device. 00:01:19.240 --> 00:01:20.600 But not its functionality. 00:01:21.800 --> 00:01:23.280 The capture that utility 00:01:23.280 --> 00:01:26.106 you would need to seek patent protection over the ... 00:01:26.106 --> 00:01:28.519 unique functional aspects of the device. 00:01:29.880 --> 00:01:33.417 Patent protection can be costly and take significant ... 00:01:33.417 --> 00:01:34.439 time to obtain. 00:01:35.080 --> 00:01:37.840 Especially as compared to an industrial design. 00:01:39.240 --> 00:01:41.960 So while seeking out patent protection 00:01:41.960 --> 00:01:46.217 in the meantime an industrial design can provide additional ... 00:01:46.217 --> 00:01:47.719 layers of protection 00:01:47.720 --> 00:01:51.440 and helping to exclude competitors from the marketplace 00:01:51.440 --> 00:01:56.440 Trademarks vs Trade Secret? 00:01:57.160 --> 00:01:59.320 Trademarking a slogan or logo can be 00:01:59.320 --> 00:02:02.800 used to protect your brand and prevent imitation. 00:02:03.920 --> 00:02:07.920 Trademarks can be used to build brand recognition and reputation 00:02:07.920 --> 00:02:09.960 before any patent issues. 00:02:10.880 --> 00:02:13.200 And in combination with brand loyalty, 00:02:13.720 --> 00:02:16.680 can extend market positioning and exclusivity 00:02:17.280 --> 00:02:19.320 even after a patent expires. 00:02:20.600 --> 00:02:24.520 Trademarks can also be used in combination with trade secrets 00:02:24.520 --> 00:02:26.200 as we've seen with Coca-Cola. 00:02:26.760 --> 00:02:28.560 An example of a trademark. 00:02:29.080 --> 00:02:30.480 the brand name Coca-Cola. 00:02:31.200 --> 00:02:33.360 Used in combination with a trade secret. 00:02:34.040 --> 00:02:36.320 the confidential soft drink formulation. 00:02:37.720 --> 00:02:44.080 Copyright vs Patent? 00:02:44.080 --> 00:02:45.600 As another example 00:02:45.600 --> 00:02:48.120 for an original software program 00:02:48.120 --> 00:02:51.920 the written source code may be copyrighted as a creative work. 00:02:52.960 --> 00:02:56.960 And the functionality of the software protected by way of a patent. 00:02:58.160 --> 00:03:01.360 The modest cost and lengthy term of copyright 00:03:01.360 --> 00:03:04.194 make it a valuable addition to the bundle of intellectual ... 00:03:04.194 --> 00:03:05.079 property rights. 00:03:06.720 --> 00:03:08.720 For the most comprehensive protection 00:03:08.720 --> 00:03:11.840 consider a variety of intellectual property rights 00:03:11.840 --> 00:03:13.600 to obtain legal protection 00:03:14.120 --> 00:03:16.480 for as many different elements as possible.