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I had the previledge to attend a
talk by an IP lawyer from NY. She's looked into the IP situation in
developing countries like India and Nigeria.
Basically it comes down to this:
1. IP is complicated (that's why you even see big companies in fights),
expensive and takes long to be in effect.
2. IP protection is not for an idea, it's for an implementation that
embodies the idea.
3. IP needs to be filed in each country/region where u want to seek
protection.
4. Even if you have not filed an IP, but someone else implements your idea
and files an IP, you still have a case if you can sufficiently proove that
your idea was stolen by the person who implemented it.
5. In the case above, if you worked for a company and used their resources
to create something, then your employer has a good case to have the IP.
6. Most IPs that have been filed are not used in anything i.e. they're just
sitting on paper. So think well before spending resources in getting an IP.
7. When you file for an IP you have to clearly state what your invention
is. IP officers will compare what you say against existing IPs to determine
if you can actually file an IP. You will be issued with a document for your
pending IP.
8. It's up to you to lookout for the mis-use of your IP. There is no
special international police.
9. Copyright, Trademarks and IPs each have a different purpose. Copyright
doesn't need you to do anything special, just put a copyright sign on your
work. This is the same advice you will get from the Copyright office in
Kenya. Trademarks blah blah blah...
10. If someone uses your IP without your consent, consider settling the
case.
I
hope the above gives some idea of how large the IP Elephant is.
If you want to protect your idea, ask the other party if they can sign an
NDA and the NDA should prohibit them from implementing what you tell them.
If they don't agree then you better be the only one who has the key that
makes the machine work i.e. they can build the machine but it might not
work without your magic key. If you can't identify the magic key in your
invention then IMHO you're not ready to commercialize your invention.
And really think about it. Why would someone call you for a meeting, ask
you irrelevant details about your work and refuse to sign an NDA? That
should instantly raise a flag.
O_O
--- On Wed, 11/24/10, Duggan Kim <mdkimani@gmail.com>
wrote:
From: Duggan Kim <mdkimani@gmail.com>
Subject: Re: [Skunkworks] IP Law
To: "Skunkworks Mailing List" <skunkworks@lists.my.co.ke>
Date: Wednesday, November 24, 2010, 9:54 AM
I would love to hear what they
have to say about software licencing, software patents, and copyright laws.
It is a web of confusing terms and legal crap when for example you are
advised that building your own software whilst working for a software firm
gives all copyright and patent rights to your employer. What is even more
confusing is organizations patenting or copyrighting open source projects!
I need help understanding scenarios like that of Oracle and Google over
Android.
regards.
Hi,
I
know a couple of IP and Commercial Lawyers... Together with @James Muendo's
contacts, I'm sure we can bring 3-5 of these for a workshop sometime soon?
What questions would the Skunkworks team like to ask? What would you like
to know... An agenda of sorts is needed before we organize it.
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