LEGAL

& IP
A B M Hamidul Mishbah
Barrister-at-Law
OLD BAILEY CHAMBERS

IDEA | CONCEPT

EVERYTHING STARTS FROM AN IDEA OR CONCEPT

DREAM TO DAWN con$nued

IDENTIFY THE POTENTIAL OF THE IDEA/CONCEPT

ALMOST EVERY BUSINESS HAS IP

IP COMPLEX LAWYERS CONSULTATION REQUIRED

BUSINESS INCORPORATION & IP

NDA

FINDING ANGEL INVESTORS

VENTURE CAPITALIST

IPO

IP THE CORE OF BUSINESS

IP IS A BUSINESS ASSET AND HAS COMMERCIAL VALUE;
IP PEOVIDES A COMPETITIVE ADVANTAGE;
BUILD CONFIDENCE AMONG INVESTORS;
BUILDS CREDIBILITY
STARTUP COMPANIES SHOULD DEVELOP & PROTECT THEIR IP TO

PROTECT THE COMPETITIVE ADVANTAGE,

USE IP AS A MARKETING EDGE,
INCREASE THE VALUE OF THE BUSINESS; AND
USE AS A POTENTIAL REVENUE STREAM THROUGH LICENSING.

PROACTIVE APPROACH | IP PROTECTION

NOW THAT YOU HAVE FORMED

IDENTIFY YOUR IP

TAKE STEPS TO PROTECT YOUR IP

CONSIDER IP PROTECTION AS INVESTMENT NOT COST

IP IN BUSINESS
Business Model
Innovation
Idea
Concept

Software
Layout Design
User Manual
Look & feel of the website
Website Address/Title

Content
User Generated
Licensed/Authorized/Public Domain
Unauthorized/Pirated/Illegal

Publishing/Sharing
Thoughts/Opinions/Literary Works
Images/Paintings/Photographs
Audio Visuals, etc.
Trade names/Logos, etc.

Applicable Laws
Copyright
Patent
Designs
Trademark
DefamaWon/
Privacy Law

INTELLECTUAL PROPERTY


Industrial IP
Non Industrial IP


Designs
Copyright

Patent
Trademark

Geographical IndicaWons

TradiWonal Knowledge

Plant Variety

Trade Secret





Rights given
AutomaWc Right

Upon Registration

PROTECTING IP
COPYRIGHT
A companys IP por[olio is of
signicant interest to angel investors, venture

Copyright
an in IautomaWc
that
authors,
Startups
should iis
nvest
P to make the right
business
more grant
a]racWve
to investors;
arWsts and creators protecWon for their literary and
By protecWng IP, a company provides
winvestors;
orks.
arWsWc
comfort to
builds credibility, and
creates a solid foundaWon that can be capitalized later.
Must be Original;
Companies
should
take proacWve steps to protect IP
Must be
Expressed;
by ling Patent applicaWons, if any;
Recorded on Tangible format
registering trademarks and copyrights;
for - Expressed Ideas Only
ProtecWon
protect trade secrets.

capitalists, and during an IPO;

TRADEMARKS
Trademark is a distinctive sign that identifies certain goods or
services produced or provided by an individual or a company.
TWO requirements must be met for registration
o It must not currently be in use
o It must not be for similar goods or services.
Name or word
Symbol
Design
Sound

Phrase/Tag Line
Logo
Color

PATENT

A patent is an exclusive right
granted for an invenWon.

FOUR condiWons must be met

o Unique
o Novelty
o Commercial Aspect
o InvenWve Step

INDUSTRIAL DESIGN | DESIGN

An industrial design refers to the ornamental or aestheWc aspects of an
arWcle, i.e. 3D features, shape or surface of an arWcle,

Design is a combinaWon of the features of shape, conguraWon, pa]ern,
ornament, or composiWon of lines or colors applied to any arWcle.

TRADE SECRET

CondenWal business informaWon which provides an enterprise a compeWWve

edge may be considered as TRADE SECRET. Trade Secret may comprising of
manufacturing or industrial secrets and commercial secrets.

WHY VALUE IP? CIRCUMSTANCES

BRANDING/BRAND DEVELOPMENT
SALE,
MERGER OR JV
BANKRUPTCY
ESTATE PLANNING;
LICENSING IP; AND
LITIGATION

IP PORTFOLIO & STRATEGY

Create own IP posiWons that can be leveraged in the market;

Dene the IP needs for the Business
Dene IP value and IP policy;
Ensure benchmarking of compeWWon
Make SWOT of own por[olio and major compeWtors
COMPANYS IP por[olio
Number of patents
Number of Trademarks
Number of Designs,
Number of employees/Professionals, etc.

For further query please contact

mishbah@oldbaileybd.com

www.oldbaileybd.com