🚀 go-pugleaf

David Freedman <dfreedmn@dircon.co.uk> wrote in article
<36dc3eec.0@newsread3.dircon.co.uk>...
> Dear All
> 
> I�m a research fellow in IP law at University of Cambridge, and am
> requesting your views on a subject which I have been asked to address
before
> a fairly sophisticated group. The actual question is something like "Who
> Will Own What IPRs: Legal Implications of Emerging Information
Technologies
> For British Business," with the emphasis on government policy decisions
that
> will have to be taken soon.
> 

I should be grateful for clarification of the issues.  "Who will own what
IPRs?" is ambiguous.  It may be that the intention is simply to consider
how ownership of patents, trade marks, designs and copyrights with be
divided up between E-businesses.  There is also the possibility that you
are asking whether there will be new rights arising.

Regarding ownership, the obvious answer is that those companies that invest
in creation or buy in rights to other's IP will own the IP - same as
always.  To what extent these rights will be owned by British companies
will depend on the attitude taken by British managements to risk.  My guess
is that British industry will have the same relatively low patent filing
rate in emerging IT as in other areas but that it will be well represented
in the ownership of copyrights by analogy with the UK's strong position in
the music and computer games industries (no costs involved in obtaining
copyright so the accountants love it).

Short of the government paying to patent applications (possible Treaty of
Rome issues), I'm not sure what difference its policy decisions will make. 
Also, IP statute law largely develops at a supra-national level now so the
scope for action of a single state is limited.

It seems to me that the fun will arise in enforcing rights, particularly
patents, where the "infringing" act is spread across several jusridictions,
as may be the case with an invention relating to the Web.  Does the
Brussels Convention help?  Will UK courts continue to avoid accepting
jurisdiction for patent infringement in other countries because they cannot
address validity of foreign patents.

Well just something to start the ball rolling.

- Stuart
  Chartered and European Patent Attorney