Some Comments on Intellectual Property and the law
For those interested in intellectual property matters
The law and the evolution of intellectual property litigation
In this day and age, almost anyone can feel compelled to question the swell of ever-expanding new laws and court rulings (often contradictory) that contribute to the increasing complexity and cost of an already convoluted litigation process inherent in the patent system. Unfortunately, most, if not all, discussion and debate surrounding this perplexing matter is pointless, as long as one fails to understand basic principles on which intellectual property law is founded.
For this very reason, prior to analyzing the problems inherent in patent litigation, and more generally, before studying the so-called 'evolution' of the intellectual property law, two fundamental questions must first be answered:
1) Does the natural right resulting from the authorship of an inventive concept have precedence over the right granted by patent?
and
2) Do inventors, small/medium size enterprises and other creators of marketable concepts, have affordable options to defend, worldwide, their intellectual property or the commercial use of the exclusive rights that emanate from such property?
It is these two fundamental questions that Michel Dubois ~ President and founder of USD System editions ~ along with his team, have worked hard to answer so that, in compliance with articles 1 and 27 of the Universal Declaration of Human rights, a new hope for justice may prevail for all those who, through their creative genius, contribute to economic growth, and hence to society at large; a justice without which civilization itself has no meaning.
Believing that a patent protects the inventor is a notion that has little basis ... One must first understand that a patent is a contract between the presumed inventor and the public (represented by the State). In this way, it is similar to a license and is subject to two basic conditions: payment of various costs and loss of secrecy. Furthermore, it is not a property deed, but rather a title that allows the holder to enjoy exclusive commercial exploitation rights (much like a monopoly) for a limited period of time and over a certain territory. Unless the titleholder fulfills each one of patent's obligations, the government may revoke the title. This title or privilege to commercially exploit the invention (addressing the entrepreneur's rather than the inventor's concerns) in no way shields the inventor from having to appear in court against copiers, quite the opposite, a patent holder must be able to defend the validity and relevance his/her patent in a court of law… and in different courts internationally. Given this scenario, independent inventors and small/medium-sized business are quickly devoid of funds when faced with the merciless competition of multi-national corporations.
Inventors whose products were stolen by T. Edison and A. G. Bell (and by many others since then) were amongst the first publicly known victims of this arbitrary and predatory system. The truth is that only multi-national corporations can afford the costs of the international Patent process registration fees for a "North America - Europe - Far East" patent can exceed 200,000 dollars (application fees, registration fees, professional fees, maintenance fees, etc.).
In case of infringement, counterfeit, unfair competition, etc., defending a patent in court can cost more than 100,000 dollars per country… This harsh reality has far-reaching repercussions: Lloyds of London, among other insurance giants, explains that patent is an endless source of litigation, for which no insurance scheme is yet possible (see the many PowerPoint presentations on this subject in the Conference section of the web site www.dkpto.dk - The Danish Patent
and Trademark Office.)
In order to remedy this inequity, Michel Dubois and his team developed the Intellectual Passport (Copyright Business); a new method to claim one's Intellectual Property that is affordable, less risky, quick, universal and legal (because it is a book i.e. an original literary and artistic work). This strategic instrument ~ which, when it remains unpublished, maintains confidentiality ~ is designed primarily to bridge the financial gap between inventors/originators and entrepreneurs/
industrialists/financiers.
Thanks to the enthusiasm and dedication of USD System Editions, inventors and creators of all kinds can now enjoy the same benefits as those that were previously exclusive to writers and artists. Today, almost everyone can obtain their international intellectual property and defend it more economically, both in, and/or out of court, using the new and revolutionary strategies that have been made available with the creation of the Intellectual Passport .
Note: This text can also be found in Vol 1- Issue No 1 of the Intellectual Property News and can be downloaded in its entirety from our Download page.
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