As many of you will know now, ‘Your Country Your Call’ is a new nationwide campaign to find and reward two innovative proposals to help create jobs and a more prosperous future for Ireland - http://www.yourcountryyourcall.com/.
A great idea all round, I think, and one worthy of support, however, it is important to consider the intellectual property implications of barreling ahead with a full public disclosure of your brilliant idea.
In under a week since its launch, the question of what happens to intellectual property rights has been posed to me at least three times. If you have been to the site, you’ll probably have seen that the ideas are publically posted for comment and support http://proposals.yourcountryyourcall.com. This post aims to address the question.
What is it all about? Mary McAleese, President of Ireland is the patron of the internet based public competition launched last week. It spans a broad range of categories from sports and arts to communications and technology and will pay two winners €100,000 in prize money each as well as up to €500,000 in development funding to help bring each project to full fruition. A video outlining how to enter is on http://www.youtube.com/user/yrcountryyrcall#p/u/5/Rhd2GE62rXU.
Intellectual property obviously takes many different forms including patents, designs and trade marks. Your first question must be does your idea touch on any of them.
A patent related issue is then a possible scenario and all the normal rules of patenting apply: if the idea is likely to be capable of being patented, you must register it before you disclose it or else any future applications would be rendered invalid and you could potentially lose your rights to exploit it.
My recommended steps are as follows:
1. Ask yourself if it is likely to be capable of being patented. For an invention to be patentable, it must:
• be of patentable subject matter, ie be eligible for patent protection. So if it involves an invention using technology and is not a game, a business method or software per se, or a medical treatment then it might be protected by patents;
• be novel, ie. At least one aspect must be new;
• involve an inventive step; and
• be susceptible of industrial application (in European patent law).
If not patentable, then go ahead and enter the competition. If you think it may be patentable, read-on…
2. Having considered it in the light of the above, and you still think it may be capable of being registered as a patent, you should talk to a firm of patent law attorneys like Cruickshank
3. If patentable and likely to be of sufficient commercial value to merit applying for a patent, do it!
4. Enter the competition. €100K prize money and up to €500K project development funding would be welcomed by anybody.
If the idea involves franchising, branding or marketing in general then it might be protected by trade marks or if it is a fast moving consumer good with an aesthetic value such as a mobile phone then registered designs are relevant. Once again, you will need to seek professional advice from an intellectual property attorney before publicising the idea.
To find out more about the event launch, you might be interested to read Brendan Hughes’ blog.
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Hi There,
ReplyDeleteThe competition terms, outlined below, seem to require that all intellectual property associated with the winning scheme (including patents/trademarks etc.) be transferred to the Company running the competition.
Furthermore, the web-site states that the organisers are under no obligation to involve the winner in the implementation stage.
In light of the above, it would seem inadvisable for anyone who would wish to be certain of direct involvement in the implementation of their idea, or who estimates the potential return on their IP to be greater than 100,000 Euro, to enter this competition.
Please let me know if the above interpretation is incorrect.
YOUR COUNTRY YOUR CALL TERMS & CONDITIONS EXERT;
"7.2 At Promoter’s option, in consideration of entry into the Competition the winning Participants (including, where relevant, all Team members of such Participants) shall irrevocably transfer, convey and assign to the Promoter (or such party that the Promoter may direct) all right, title and interest in and to the winning Proposal and all Intellectual Property Rights therein (excluding moral rights). The winning Participants (including, where relevant, all Team members of such Participants) further agree to waive all moral rights relating thereto and agree to execute all documents and perform all acts deemed necessary by the Promoter to apply for, register, perfect and record such transfer and assignment and/or waivers.
7.3 In these Competition Terms “Intellectual Property Rights” means any and all tangible and intangible: (i) copyrights and other rights associated with works of authorship throughout the world, including but not limited to copyrights, neighbouring rights, moral rights, mask works and all derivative works thereof; (ii) trade mark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models and other industrial property rights and all improvements thereto; (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license or otherwise; and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force (including any rights in any of the foregoing).
7.4 You waive all claims to and shall receive no royalties of any kind, whether now or in the future, from the Promoter, its affiliates, licensees, successors and assignees for use of your Proposal, including, without limitation, intellectual property, public performance, digital sound recording, mechanical, synchronization or master use royalties"