Innovator's Guide to the IP Galaxy
- 1. STAR DATE: 04.09.14 PRIA CHETTY ENDCODER/ ENDCODE.ORG
- 2. MISSION CONTROL: Innovation Enterprise Exploring Different Intellectual Property Worlds Managing (third party) Alien Encounters Beyond Traditional IP
- 3. The Innovation Enterprise • “Yours — is the superior intellect.” • “Boldly go where no man has gone before” Star Trek Protect innovation? Commercialise innovation? Disseminate innovation? Prevent violation of innovation?
- 4. EXPLORING DIFFERENT INTELLECTUAL PROPERTY WORLDS
- 5. Creatures of Statute (and Other Species) • Legislation: Copyright, Trademark, Patents and Designs • Trade Secrets: Confidentiality and Non-Disclosure • Contracts: Rights and Obligations • Licences: Licensed Rights and Obligations
- 6. Planet COPYRIGHT Copyright holder has the exclusive right: To Reproduce To make adaptations based on the original work To broadcast To cause work to be transmitted in a diffusion service To distribute copies To perform To display the work in public Species: Literary, Musical, Artistic Works, Films, Comp. Programmes
- 8. Planet Trademarks Passing Off (what’s mine is not yours) Unauthorised use of actual mark Use of mark (actual or similar) in relation to similar goods or services Identical or Species: Logo, Name Confusingly Similar (Brand)
- 10. Planet Trade Secrets Violation of Restraint of Trade Violation of Non Disclosure Agreements Solicitation of Employees Reverse Engineering Industrial Espionage Species: Trade Secret Formula, Practice, Process,
- 12. Planet Designs Novelty Aesthetic = New & Original Functional = New & Not Commonplace Registration Species: Aesthetic Designs Functional Designs
- 14. Planet Patents New Invention / Inventive Step / Capable of being used or applied in trade or industry or agriculture Patentability of Software Registration Species: Inventions, Non-Examining Office Formula, Recipe
- 16. ALIEN ENCOUNTERS
- 17. Collaboration Environment Project Collaborators Funder(s) Third Party IP Employees Employees Customers Clients Independent Contractors State
- 18. The Battles IP in Outcomes/Inventions/ Products Dissemination Ownership Licences Commercial Terms of Engagement Terms of Sale Own Intellectual Property? Manage Third Party Intellectual Property Rights?
- 19. What are the Conditions of Access or Licence? Qualification Criteria? Payment of Fees/ Royalties? Modification? Distribution? Attribution?
- 20. IP Due Diligence (Outcomes) Existing Intellectual Property Project Intellectual Property Third Party Intellectual Property Existing Licences and Licence Conditions Existing Royalties/ Fees Payable Compatibility of proposed Intellectual Property within Project Objectives (Recommendations) Commercialisation/ Dissemination Options IP Licensing Options Project IP Licence Options
- 21. Due Care/ Rocket Fuel Indemnities Warranties Dependencies Limitation of Liability Jurisdiction Governing Law Dispute Resolution Non-Disclosure Definitions Clauses (Critical) Termination/ Early Termination
- 22. NEW FRONTIERS
- 24. I personally think intellectual property is an oxymoron. Physical objects have a completely different natural economy than intellectual goods. It's a tricky thing to try to own something that remains in your possession even after you give it to many others. John Perry Barlow
- 25. What constitutes works stays the same, how works are commercialised & communicated is different Increased ways to consume work Increased methods to protect work Ability to reproduce and distribute
- 28. Pria Chetty pria.chetty@endcode.org endcode.org “Live long, and prosper.”
Editor's Notes
- #7: Exploitation of any one of the copyright holders works Exercising of any of the exclusive rights Insight is the limited duration More importantly the rights are divisible
- #8: Hinges on element of unauthorised Automation and digitisation clinging onto the principle that the act is unauthorised
- #27: Open licensing frameworks rely on principle of copyleft, relies on the copyright holder’s right to determine how their works are used. Instead of restrictive application of rights, for various reasons, an open application of rights, licence to use, reproduce, derive from