tag:blogger.com,1999:blog-5574479.post3765432182527668498..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: SOS -- can you hear the ducks?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-5574479.post-7218812601962905242012-02-05T14:43:08.075+00:002012-02-05T14:43:08.075+00:00As we are currently snowed in, I have amused mysel...As we are currently snowed in, I have amused myself by following the threads to the passport's web pages. <br /><br />It appears to be an edifice built on foundations of sand, insofar as it presumes that copyright is an absolute right and overlooks the fact that, for copyright to be enforced, the owner must usually prove that <b>copying</b> of the work in which copyright subsists, has taken place. It does not point out [or possibly realise] that this is different from patents and registered designs, where the right is <b>absolute</b> and action can be taken against someone who, in all innocence, has come up with the same thing independently. <br /><br />The fact that the passport remains confidential and unpublished must, <i>ipso facto</i>, surely be good evidence that no copying can possibly have taken place, and therefore no action against the alleged infringer for damages due to <b>copying</b> under copyright law would succeed. <br /><br />The documentation suggests that the contents of the passport will provide evidence that can be used to invalidate patent rights etc. [true in only in states such as the USA whose laws provide for invalidity due to prior secret knowledge] and will also entitle the copyright owner to damages for copyright infringement [false, given the prima facie impossibility of copying due to the secret nature of the passport].Almost Emeritusnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-77572811220014280232012-02-03T14:44:50.914+00:002012-02-03T14:44:50.914+00:00A veritable treasure trove:
"When I learned ...A veritable treasure trove:<br /><br />"When I learned that my patent had been counterfeited"<br /><br />"If, as it is asked by both the institutes and patent registration offices, as well as by so-called experts in intellectual property, a copyright is obtained free of charge and that its official registration is done for a small fee; why then does an Intellectual Passport costs $7,695 + consulting fees for a total of approximately $10,695 to $13,695 + taxes ? "Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46263432899530430142012-02-03T14:33:16.841+00:002012-02-03T14:33:16.841+00:00"You can purchase your Intellectual Passport ..."You can purchase your Intellectual Passport CB from $18,000. to $25,000., including the consulting fees."<br />Gasp, choke, splutter....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-3768511577933698702012-02-03T14:11:06.476+00:002012-02-03T14:11:06.476+00:00WHen I read the opening of this, I thought "A...WHen I read the opening of this, I thought "Ah-ha! A stimulating article on the requirements for exporting technologies from China, or other such places, where government approval is needed for the overseas sale/licensing of domestically produced IP".<br /><br />But no.<br /><br />As to the quackery, I for one feel that a service such as this deserves nothing more than stale bread....Davenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-74963304988905696752012-02-03T13:57:13.721+00:002012-02-03T13:57:13.721+00:00At the risk of sounding as if I am humouring them,...At the risk of sounding as if I am humouring them, how are they going to stop anyone interpreting this book?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-88193283882326012662012-02-03T13:38:47.604+00:002012-02-03T13:38:47.604+00:00The assertion that the contents of the unpublished...The assertion that the contents of the unpublished passport can be used to invalidate a patent, seems to be based on US patent law, where you can invalidate a patent by showing that it was known to a third party in the US. <br /><br />A colleague once informed me that, when he worked for the UK subsidiary of a US company, it was practice for a description of anything potentially inventive to be sent to the US and signed and witnessed by someone in the US as insurance against the same thing being patented by a competitor.<br /><br />The passport would appear to have much the same legal status as the inventors' notebooks that US inventors are encouraged to keep as a means of establishing the date of conception, and which may become less important in the future as a consequence of the prospective change to "first to file".Almost Emeritusnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-55606087320470161372012-02-03T13:10:58.595+00:002012-02-03T13:10:58.595+00:00That's what I understood as well. And for this...That's what I understood as well. And for this they charge $10k?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58979266163650832802012-02-03T12:23:55.394+00:002012-02-03T12:23:55.394+00:00The passport seems to be an interesting concept. ...The passport seems to be an interesting concept. They will take your invention and describe it in a book which will not be published. Then if anyone copies this unpublished work, to which they of course have no access, you can sue them for copying it. Or have I mistaken the concept?Anonymousnoreply@blogger.com