The document discusses intellectual property (IP) and different mechanisms for protecting creations and inventions, including patents, copyright, and industrial design rights. It provides background on the history of patents and copyright, dating back to the 15th century, and how they evolved from royal monopolies to the current IP systems. The types of "stuff" people make are categorized, along with the applicable legal terms and protection mechanisms for each type, such as patents for inventions, copyright for artistic works, and industrial design rights for ornamental creations.

1. Crea%ve
Commons
geis%ges
Eigentum
neu
gedacht
Peter
Troxler
trox@fabfolk.com

2. Mach
Dein
Ding
The
Stuff
We
Make
in
Legalese
Peter
Troxler
trox@fabfolk.com

3. Programme
• Intellectual
Property
– Thinking
in
legal
terms
about
“the
stuff
we
make”
– IP
protec%on
mechanism
• Sharing
• Crea%ve
Commons
– Business:
“How
to
make
money
with
free”
• Q&A

4. Intellectual
Property
• the
no%on,
that
the
results
of
intellectual
or
crea%ve
work
have
the
same
(legal)
quali%es
as
physical
property
• this
idea
makes
some
sense
with
unique
artworks
• hard
to
understand
why
something
that
can
be
copied
without
taking
away
the
original
should
be
property

5. History
of
Patents
• Patents
apparently
existed
in
ancient
Greece
• Monopolies,
granted
by
the
kings,
e.g.
– 1105
Count
William
of
Mortagne
grants
a
patent
to
a
Norman
abbot
for
erec%ng
wind
mills
– 1449
Henry
VI
grants
a
patent
to
John
of
Utynam
for
making
stained
glass
• 15th
century
Venice:
patents
on
glass-­‐making,
mainly
to
control
the
trade
• 1624,
UK:
Statute
of
Monopolies
–
Parliament
act
against
monopolies
granted
by
the
Crown
=
monopolies
should
be
granted
only
for
the
introduc%on
of
new
manufactures
to
the
inventor
• 1790
patent
law
in
the
US
• 1791
patent
law
in
France

6. History
of
Copyright
• 15th
century
Europe:
the
prin%ng
press
• Crown
&
church
felt
a
need
to
control
prin%ng
–
license
to
print
and
trade
books
(i.e.
censorship)
• England,
16th
century:
printers
guild
–
Sta%oners’
company
• 1709
Statute
of
Anne
An
Act
for
the
Encouragement
of
Learning,
by
ves7ng
the
Copies
of
Printed
Books
in
the
Authors
or
purchasers
of
such
Copies,
during
the
Times
therein
men7oned
=
trade
regula%on
– limi%ng
the
term
of
protec%on
– breaking
up
the
monopoly
of
the
Sta%oners’
Company:
copyright
availability
to
anyone

7. Intellectual
Property
Protec%on
• protec%on
of
the
commercial*
interests
of
a
creator/inventor
• a
monopoly
to
use
the
crea%on/inven%on
(thing)
for
commercial
gain
• various
types
or
protec%on,
depending
on
the
type
of
thing
• some
types
arise
automa%cally,
some
types
only
on
registra%on
*
in
some
types
and
legisla%ons
also
moral
interests

8. Fab
Charter
Secrecy:
designs
and
processes
developed
in
fab
labs
must
remain
available
for
individual
use
although
intellectual
property
can
be
protected
however
you
choose
• Sharing
for
individual
use
–
learning
• This
is
provided
for
in
some
of
the
legal
IP
protec%on
mechanisms
(privat
use,
educa%onal
“excep%on”,
fair
use

9. The
Stuff
We
Make
What
type of thing
Things that
work
Ornamental
things
Beautiful
things
Electronic
cirquits
Code
(Software)
Documentation

10. The
Stuff
We
Make
What
type of thing
Legally
speaking
Things that
work
inventions
(technology)
Ornamental
things
industrial
designs
Beautiful
things
works of art
and literature
Electronic
cirquits
? work of art
and literature
Code
(Software)
invention /
work of art
Documentation
work of art
and literature

11. The
Stuff
We
Make
What
type of thing
Legally
speaking
Protection
mechanism
Things that
work
inventions
(technology)
Patent
Ornamental
things
industrial
designs
Industrial
design right
Beautiful
things
works of art
Copyright
and literature
Electronic
cirquits
? work of art
Copyright
and literature
Code
(Software)
invention /
work of art
Documentation
work of art
Copyright
and literature
1
also: Utility model
2
1
2
Patent /
Copyright
registered / unregistered (EU); also Trademark: distinctive sign or indicator

12. Patent
• A
patent
consists
of
a
set
of
exclusive
rights
granted
by
a
sovereign
state
to
an
inventor
or
their
assignee
for
a
limited
period
of
%me
in
exchange
for
the
public
disclosure
of
an
inven%on.
• The
rights
typically
include
the
right
to
prevent
others
from
making,
using,
selling,
or
distribu%ng
the
patented
inven%on
without
permission.
• A
patent
is
granted
upon
applica%on
• Typically
a
patent
applica%on
must
include
one
or
more
claims
defining
the
inven%on
which
must
meet
the
relevant
patentability
requirements
such
as
novelty
and
non-­‐obviousness.
• A
patent
lasts
normally
20
years.

13. Copyright
• Copyright
gives
the
creator
of
an
original
work
exclusive
rights:
• Copyright
it
is
"the
right
to
copy",
the
right
to
determine
who
may
financially
benefit
from
it,
who
may
adapt
the
work
to
other
forms,
who
may
perform
the
work
(related
rights);
and
it
gives
the
creator
the
right
to
be
be
credited
for
the
work,
not
to
have
it
falsely
akributed,
and
to
not
have
their
work
used
in
a
derogatory
or
prejudicial
manner
(moral
rights).
• Copyright
arises
automa%cally
with
the
(physical)
crea%on
of
the
work.
In
the
US,
copyright
can
be
registered
which
gives
addi%onal
rights
to
recompensa%ons
in
case
of
infringement
• Copyright
is
applicable
to
any
expressible
form
of
an
idea
or
informa%on
that
is
substan%ve
and
discrete.
Some
countries
require
the
no%on
of
originality.
• A
note
on
moral
rights:
those
can
not
be
traded.
• Copyright
normally
lasts
70
years
post
mortem
auctoris

14. Industrial
Design
Right
• An
Industrial
Design
Right
protects
the
visual
design
of
objects
that
are
not
purely
u%litarian.
An
industrial
design
consists
of
the
crea%on
of
a
shape,
configura%on
or
composi%on
of
pakern
or
color,
or
combina%on
of
pakern
and
color
in
three
dimensional
form
containing
aesthe%c
value.
An
industrial
design
can
be
a
two-­‐
or
three-­‐dimensional
pakern
used
to
produce
a
product,
industrial
commodity
or
handicran.
• The
rights
typically
include
the
right
to
prevent
others
from
making,
using,
selling,
or
distribu%ng
the
object
without
permission.
• The
Design
Right
protec%on
is
granted
upon
applica%on
with
a
12
month
grace
period
(EU)
–
however
in
the
EU
there
is
the
Unregistered
Design
Right
that
automa%cally
gives
protec%on
of
3
year
from
the
first
disclosure
of
the
design
• A
design
must
be
novel
and
have
individual
character
• Design
rights
last
normally
up
to
25
years
in
5
year
periods
(need
to
be
renewed)

15. U%lity
Models
• A
u%lity
model
is
an
intellectual
property
right
to
protect
inven%ons.
This
right
is
available
in
a
number
of
many
na%onal
statutes.
It
is
very
similar
to
the
patent,
but
usually
has
less
stringent
patentability
requirements.
• Peky
patent
(Indonesia),
“poor
man’s
patent”
• Term
onen
6
to
15
years

16. Trademarks
• A
trademark
is
the
right
to
sue
for
unauthorized
use
of
that
trademark
• A
trademark
requires
registra%on
(®)
–
but
not
in
the
US,
there
it
is
sufficient
to
use
it
in
trade,
so
there
also
exist
unregistered
trademarks
(™)
• A
trademark
is
typically
a
name,
word,
phrase,
logo,
symbol,
design,
image,
or
a
combina%on
of
these
elements.
There
is
also
a
range
of
non-­‐
conven%onal
trademarks
comprising
marks
which
do
not
fall
into
these
standard
categories,
such
as
those
based
on
color,
smell,
or
sound.
• The
registra%on
of
a
trademark
can
be
revoked
• Trademark
needs
to
be
maintained
(renewed),
typically
every
10
years,
indefinitely

17. Integrated
Circuit
Topologies
• Because
of
the
func%onal
nature
of
the
mask
geometry,
the
designs
cannot
be
protected
under
copyright
law
(except
perhaps
as
decora%ve
art).
• Because
individual
lithographic
mask
works
are
not
clearly
protectable
subject
maker,
they
also
cannot
be
effec%vely
protected
under
patent
law.
• So
since
the
1990s,
na%onal
governments
have
been
gran%ng
copyright-­‐
like
intellectual
property
rights
conferring
%me-­‐limited
exclusivity
to
reproduc%on
of
a
par%cular
layout.
• Protec%on
term
is
much
shorter:
10…15
years
• Protec%on
upon
registra%on
or
first
commercial
use

18. Trade
Secret
• A
trade
secret
is
a
formula,
prac%ce,
process,
design,
instrument,
pakern,
or
compila%on
of
informa%on
which
is
not
generally
known
or
reasonably
ascertainable,
by
which
a
business
can
obtain
an
economic
advantage
over
compe%tors
or
customers.
In
some
jurisdic%ons,
such
secrets
are
referred
to
as
"confiden%al
informa%on"
or
"classified
informa%on".
• A
company
can
protect
its
confiden%al
informa%on
through
non-­‐compete
and
non-­‐disclosure
contracts
with
its
employees
or
business
partners.

19. The
Stuff
We
Make
What
type of thing
Legally
speaking
Protection
mechanism
What is still
possible
Things that
work
inventions
(technology)
Patent
private use,
research†
Ornamental
things
industrial
designs
Industrial
design right
private use,
inspiration
Beautiful
things
works of art
Copyright
and literature
private use,
educational
Electronic
cirquits
? work of art
Copyright
and literature
privat use,
educational
Code
(Software)
invention /
work of art
see above
Documentation
work of art
Copyright
and literature
†
WARNING: not in the US
Patent /
Copyright
private use,
educational

20. The
Stuff
We
Make
What
type of thing
Legally
speaking
Protection
mechanism
What is still
possible
Sharing
mechanism
Things that
work
inventions
(technology)
Patent
private use,
research
Defensive
publication
Ornamental
things
industrial
designs
Industrial
design right
private use,
inspiration
Waiver
Beautiful
things
works of art
Copyright
and literature
private use,
educational
Creative
Commons
Electronic
cirquits
? work of art
Copyright
and literature
privat use,
educational
Creative
Commons
Code
(Software)
invention /
work of art
see above
FLOSS
licenses
Documentation
work of art
Copyright
and literature
private use,
educational
Creative
Commons
†
WARNING: not in the US
Patent /
Copyright

21. Defensive
Publica%on
• A
defensive
publica%on,
or
defensive
disclosure,
is
an
intellectual
property
strategy
used
to
prevent
another
party
from
obtaining
a
patent
on
a
product,
apparatus
or
method
for
instance.
• The
strategy
consists
in
disclosing
an
enabling
descrip%on
and/or
drawing
of
the
product,
apparatus
or
method
so
that
it
enters
the
public
domain
and
becomes
prior
art.
• Therefore,
the
defensive
publica%on
of
perhaps
otherwise
patentable
informa%on
may
work
to
defeat
the
novelty
of
a
subsequent
patent
applica%on.
• Needs
to
be
available
to
a
“relevant
audience”
(e.g.
conference,
trade
journal)

22. Crea%ve
Commons
• A
system
of
public
licenses
that
grant
reuse
of
copyrighted
work
• The
strategy
is
to
use
a
publicly
available,
standardized
license
to
replace
the
normal
contractual
rela%onship
between
rights
holder
and
user.
• Rights
holder
can
select,
which
restric%ons
s/he
wants
to
add
to
the
general
permission
to
use,
distribute
or
perform
the
work
addi%onally
to
credi%ng
the
creator
and
men%oning
the
license
– Share-­‐alike
–
user
must
re-­‐license
deriva%ves
under
the
same
license
– Non-­‐commercial
–
use
in
connec%on
with
“making
money”
is
not
allowed
(not
even
fundraising
for
a
charity
or
puung
on
a
blog
with
Google
Ads
to
cover
hos%ng
costs)
– No
deriva2ves
–
use
only
unaltered
copies
• There
are
(up
to
now)
na%onal
versions
of
the
licenses
–
the
idea
was
to
adapt
the
licenses
to
na%onal
legisla%on.
This
is
probably
going
to
disappear
• Pay
aken%on
to
compa%bility
issues
when
re-­‐using
material

23. Human
Readable

24. Human
Readable

25. Human
Readable

26. Human
Readable

27. Lawyer
Readable

28. Machine
Readable
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10-­‐11-­‐2008
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Crea%ve
Commons
–
Erfgoed
delen
28

29. Modular
System
CC 0

30. The
Stuff
We
Make
What
type of thing
Legally
speaking
Protection
mechanism
What is still
possible
Sharing
mechanism
Things that
work
inventions
(technology)
Patent
private use,
research
Defensive
publication
Ornamental
things
industrial
designs
Industrial
design right
private use,
inspiration
Waiver
Beautiful
things
works of art
Copyright
and literature
private use,
educational
Creative
Commons
Electronic
cirquits
? work of art
Copyright
and literature
privat use,
educational
Creative
Commons
Code
(Software)
invention /
work of art
see above
FLOSS
licenses
Documentation
work of art
Copyright
and literature
private use,
educational
Creative
Commons
†
WARNING: not in the US
Patent /
Copyright

31. Waiver
• Example
CC0
or
"Commons
Deed"
– The
person
who
associated
a
work
with
this
deed
has
dedicated
the
work
to
the
public
domain
by
waiving
all
of
his
or
her
rights
to
the
work
worldwide
under
copyright
law,
including
all
related
and
neighboring
rights,
to
the
extent
allowed
by
law.
• You
can
copy,
modify,
distribute
and
perform
the
work,
even
for
commercial
purposes,
all
without
asking
permission
or
giving
akribu%on.
• In
the
case
of
design registration
– declare not to have registered
– relinquish any rights:
• to register the design
• from unregistered design protection (EU)

32. design
right
design
right
design
right
copyright
copyright
copyright

33. design
right
design
right
copyright
copyright

34. • CC license, including CC0, only covers
copyright
reproduction, communication,
making available to the public, distribution
• design rights not affected by CC
licencse (i.e. designer can still register
design right)

35. blueprint
blueprint
cc-by-…
cc-by-…
reproduction
blueprint
blueprint
cc-by-…
cc-by-…

36. • CC license, including CC0, only covers
copyright
reproduction, communication,
making available to the public, distribution
• design rights not affected by CC
licencse (i.e. designer can still register
design right)

37. Proposal Magroni
• CC+
• CC license
+ waiver
design registration
• declare not to have registered
• relinquish any rights
– to register the design
– from unregistered design protection (EU)

38. The
Stuff
We
Make
What
type of thing
Legally
speaking
Protection
mechanism
What is still
possible
Sharing
mechanism
Things that
work
inventions
(technology)
Patent
private use,
research
Defensive
publication
Ornamental
things
industrial
designs
Industrial
design right
private use,
inspiration
Waiver
Beautiful
things
works of art
Copyright
and literature
private use,
educational
Creative
Commons
Electronic
cirquits
? work of art
Copyright
and literature
privat use,
educational
Creative
Commons
Code
(Software)
invention /
work of art
see above
FLOSS
licenses
Documentation
work of art
Copyright
and literature
private use,
educational
Creative
Commons
†
WARNING: not in the US
Patent /
Copyright