How to Protect the Intellectual Property of Your Product When Using a Contract Facility in Syracuse,

Why IP Protection is Crucial for Manufacturing/Production in Syracuse, New York

Your company is considering an alternative to manufacturing/producing your product in Ottawa and then exporting it to New York State.

The company is examining the possibility of conducting the manufacturing/production for the New York State market of your product to a contract facility in Syracuse, New York. What should you do to protect the intellectual property of your product?

Using the Multi-Point Proof Method below, identify and rank three of the six IP PROTECTION MECHANISMs below that you would want to use to protect the intellectual property of your product.

Expected length of your assignment: 150 to 250 words.

a. Pannts Exclusive rights granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem. Patents typically provide protection for the invention to the owner of that patent for a limited period, usually 20 years. Patents may offer the largest advantage, but eligibility for patenting and the cost of filing for patent protection in a number of countries must be weighed against this competitive advantage example: Patent #9,386,181 for Device proximity detection, granted July 5, 2016 and assigned to Google.23

a. Copyrights Protection for literary and artistic creations, “works” and exclusive rights for copyright holders or their heirs to use or authorize others to use their work on agreed upon terms. Protection typically lasts for 50 years after the copyright holder’s death. Copyright protection is automatic and comes into effect as soon as the work is put into a tangible form; however, for licensing to other parties, registration of the copyright is advised. While not as strong as a patent, a registered copyright still constitutes an asset that the company can use as a marketing platform for licensing out.EXAMPLES: Books, newspaper articles, plays, dance, pictorial, graphic and sculptural work.

a. Protection and exclusive right to use or authorize any word, name, symbol, device or combination that identifies company goods. These marks must be registered with the appropriate authority. Trademarks formalize the “branding” of a product. Brand extension through licensing can increase the economic value of trademarks has become big business across all sectors. Maintaining a clear and direct connection between the trademark and what the trademark represents to the consumer requires effective management of out-licensing agreements.24

a. Geographical Indications The protected use of specific geographical locations or appellations of origin that denote specific qualities and value of a product. The use of the geographical indication means that the product is made in the geographical jurisdiction.EXAMPLES: Swiss watches must be made in Switzerland; Roquefort cheese must come from Roquefort, France; Champagne must come from Champagne, France, otherwise it is simply sparkling wine.

a. Industrial Design The protection of new, original, non-functional ornamental or aesthetic features of a product. It does not apply to technical, functional aspects of a product.25Protection against importation, copying or manufacturing of an industrial design is usually provided for 10 years.Example: Shape of the Volkswagen and the Mini Cooper, the contours of the iPhone/iPad/iPod.

a. Trade Secrets Commercially valuable, secret proprietary formulas, processes, computer programs and business plans that are controlled by limiting access to specific people and using non-disclosure and employment agreements. Trade secrets are not registered and are contingent on being proprietary and restricted. They can also be protected for an unlimited length of time. This ability to protect trade secrets is crucial if dealing with contract, off-shore manufacturers.example: Coca Cola formula, McDonald’s Big Mac.