version 7, including all changes.
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MattBrown |
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! WLUG Meeting - 25 July 2005 |
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DanielLawson |
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IanMcDonald |
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__Location:__ University of Waikato, [LitB]%%% |
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DanielLawson |
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__Time:__ 7pm |
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DanielLawson |
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CraigBox |
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JohnMcPherson |
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Denise Tyrer-Harding of [Pipers|http://www.pipers.co.nz/] spoke to the WLUG about IntellectualProperty within NewZealand. |
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Denise outlined the 4 major forms of Intellectual Property protection: |
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* Copyright |
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* Design Registration |
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* Patents |
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* Trademarks |
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!!Copyright in New Zealand |
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* Free and automatic to the creator. |
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* Need evidence that you're the creator - "© year" on the work, and a "development record" is useful |
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* Does not protect against someone else independently coming up with the same thing. |
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* Copyright given to an entity - an individual person, a company, or an incorporated society. |
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* industrial copyright - 16 years from the date of the 50th model created from the design. |
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* written copyright - 100 years from the date of the creator's death |
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!!Design Registration |
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For hardware; lasts 15 years. Requires application to the Patent Office. This covers how a device looks, not its functionality. |
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!!Patents |
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Until recently, software could not be patented in NZ at all. |
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The key clause is "method of manufacture", and this has been re-interpreted to (sometimes?) include software when combined with hardware. |
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JohnMcPherson |
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NZ is a signatory to the Patent Cooperation Treaty - 18 months of protection in ~~100 countries. |
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In NZ, patents last for 20 years. The benefit of the doubt (during application) goes to the patentee, because there are methods for revocation -- IPONZ review and judicial review. |
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JohnMcPherson |
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!!Trademark |
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* For product identification |
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* not "lauditary" - ie, generally can't trademark names, placenames, sports clubs, etc. |
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JohnMcPherson |
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* Trademarks not limited to words - the Harley-Davidson "sound", specific colours (eg the yellow used by the yellow pages or by ~McDonalds). |
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JohnMcPherson |
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* Common law trademark is based on local reputation, and does not require registration. |
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* Registered trademark is national. |
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JohnMcPherson |
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!!Other |
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* Trade secrets, "know-how" |
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* circuit boards |
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* Patent application process |
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* 85% of many companies is now "intangibles" -- brand value, trademarks, etc. |
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!!General Discussion/Q-and-A session |
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* moral/ethical aspects of patents |
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* drug patents |
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* cheaper to license a patent and get on with life than fight a bad patent |
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* employment contracts claiming rights to any employee's ideas. |
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* funny patents |
