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Intellectual property (IP)

Intellectual property (IP) is a number of distinct types of legal monopolies over creations of the mind, both artistic and commercial, and the corresponding fields of law (wiki)

Members: 39
Latest Activity: May 26

Important Message

Greetings to all participants in the IP group. A short note before you post: please do NOT post any information about inventions that have not yet been filed as a patent application. In most countries worldwide, it is not possible to file for a patent application once an invention has been published (in the US, there is a one year grace period to file after publication). Posting on this group is a type of publication. In addition, please note that no legal advice may be given through postings, but only general information about IP.

Discussion Forum

Patents and "trolls" 1 Reply

Universities love the idea of patents, but until recently patents weren't worth much unless they were defended against "trolls", a defense that was both risky and expensive. This Supreme Court ruling seems to make life more difficult for trolls. …Continue

Tags: ruling, court, trolls, patent

Started by Dr. Tetsuzan Benny Ron. Last reply by Leighton Chong May 26.

Bitcoin & blockchain startups

Two days ago, we talked about the importance of defining your startup's value proposition and protecting it from copycats. We had a live session! Missed it? Reply to this email to get the recording. Today we're looking at Bitcoin & blockchain…Continue

Tags: startups, blockchain, Bitcoin

Started by AquacultureHub Team May 18.

The Supreme Court Is About to Shape the Future of Innovation

This article is by Robert Atkinson, president of the nonpartisan Information Technology and Innovation Foundation.When President Obama made his case for continued innovation in this week’s State of the Union address, he should have cast a special…Continue

Tags: Bowman, patents, law, Monsanto, Innovation

Started by Dr. Tetsuzan Benny Ron Feb 14, 2013.

President Obama Signs America Invents Act, Overhauling the Patent System to Stimulate Economic Growth, and Announces New Steps to Help Entrepreneurs Create Jobs

Key Elements of America Invents ActThe America Invents Act was passed with the President’s strong leadership to move this bill forward, after nearly a decade of legislative efforts. It reflects strong bipartisan cooperation and Congress working…Continue

Tags: New, Growth, Economic, Steps, Help

Started by AquacultureHub Team Nov 17, 2011.

Righthaven Loss: Judge Rules Reposting Entire Article Is Fair Use 1 Reply

By David Kravets     June 20, 2011  |  4:54 pm  |  Categories: The Courts, intellectual propertyA federal judge ruled Monday that publishing an entire article without the rights holder’s authorization was a fair use of the work, in yet another blow…Continue

Tags: Fair, Courts, intellectual, property, Article

Started by Dr. Tetsuzan Benny Ron. Last reply by John Thomson Jul 30, 2011.

Do we have the right to share our culture? 2 Replies

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Tags: open, access, free, properties, Commons

Started by Dr. Tetsuzan Benny Ron. Last reply by Dr. Tetsuzan Benny Ron May 8, 2010.

Intellectual Property - What Is a Patent? 6 Replies

Hello to everyone reading this post! My name is D'vorah Graeser and I am a US Patent Agent (meaning that I am admitted to the US patent bar, but I am not an attorney at law). I am starting a series of four posts today, to promote a discussion on…Continue

Tags: patent, property, intellectual, IP

Started by Dvorah Graeser. Last reply by Dvorah Graeser Nov 1, 2009.

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Comment by Dan Mires on December 18, 2011 at 9:20pm

First I would like to apologize for not reacting to your kind comments earlier. Since we launched our Open Access (OA) project, the article submissions as well as registrations have enhanced impressively and that imposes a much heavier work load on our small staff.

Dvorah and Lionel, our "romance" with INIST goes back to 2008 when we officially complained that they were selling our articles without paying for them. Now that we work very hard to keep our OA project going they overtook our entries that appear in Google Scholar and other search engines in a way that if you click on one of our articles you are led to their site and asked to pay exhorbitant prices including copyrights for our freely downloadable articles.

We have explicitly published in our site and also lately added to our logo that appear in all our published articles that the sale of our articles is prohibited but actually copy our texts after cutting out our logo. We also tried applying to legal advisers but had to back off because we couldn't afford them.

Comment by Lionel Dabbadie on February 22, 2010 at 1:37am
Dear Dan,
What is the licence you are using ? Something like http://creativecommons.org/licenses/by/3.0/legalcode ?
Generally, it is not violation sell articles with or without added service if it's not within the license you choose.
Cheers
Lionel
Comment by Dvorah Graeser on February 21, 2010 at 7:54pm
Hi Dan - this is a very interesting question. It relates to copyright, an issue for which I still need to post my summary (hopefully coming soon). Copyright relates to the rights of those who create a physical work (any type of written document, music (whether recorded or written out in musical notation), art, software, etc). The rights are automatically granted to those who create the work, but may be assigned to a third party, such as a journal for example. Registration of copyright is only possible in the US; in all other countries it is an "inherent" right.

The term "open access" for journals frequently means that the content of the journal may be freely redistributed. However, it is possible to place restrictions on such redistribution (for example, barring the redistributor from charging). I am not aware of a single "open access license" which controls such distribution. It would be necessary to review the license provided by the Israeli Journal of Aquaculture to determine whether the scenario of charging by a third party is a violation. If in fact there are no restrictions of any type imposed by this Journal, then it is possible that such charging is not a violation.

Please note that my specialty is patents, not copyright law; if you contact me directly then I could give you the name of a copyright lawyer.

D'vorah
Comment by Dan Mires on February 21, 2010 at 6:51pm
The Israeli Journal of Aquaculture – Bamidgeh has recently become an Open Access publication, the article archives of which are freely accessible to all registered individuals and institutions. Apparently such a publication cannot claim an IP to the material it publishes since anyhow it is open to all. Nevertheless, by experience, I know that some agencies take the liberty to sell articles published by others to third (naïve) parties. By doing so are they violating the IP of others?
 

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