Fab Lab, Intellectual Property & Sharing

Peter Troxler trox@fabfolk.com

Peter Troxler
•  2 years FabLab Amsterdam
–  during this time also working with Creative Commons Netherlands

•  since 2009 freelance FabLab expert & coach
–  community stewardship –  FabLab topics: business models, management, documentation & sharing –  setting up Fab Labs: Switzerland (Luzern, Zurich), Netherlands (Rotterdam), …

Intellectual Property •  the notion. that the results of intellectual or creative work have the same (legal) qualities 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 .

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

during the Times therein mentioned = trade regulation –  limiting the term of protection –  breaking up the monopoly of the Stationers’ Company: copyright availability to anyone . censorship) •  England.e. 16th century: printers guild – Stationers’ company •  1709 Statute of Anne An Act for the Encouragement of Learning.History of Copyright •  15th century Europe: the printing press •  Crown & church felt a need to control printing – license to print and trade books (i. by vesting the Copies of Printed Books in the Authors or purchasers of such Copies.

depending on the type of thing •  some types arise automatically. some types only on registration * in some types and legislations also moral interests .Intellectual Property Protection •  protection of the commercial* interests of a creator/inventor •  a monopoly to use the creation/invention (thing) for commercial gain •  various types or protection.

fair use .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 protection mechanisms (privat use. educational “exception”.

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

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

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

selling. or distributing the patented invention without permission.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 time in exchange for the public disclosure of an invention. using. •  A patent lasts normally 20 years. •  A patent is granted upon application •  Typically a patent application must include one or more claims defining the invention which must meet the relevant patentability requirements such as novelty and non-obviousness. •  The rights typically include the right to prevent others from making. .

An industrial design consists of the creation of a shape. using. An industrial design can be a two. or distributing the object without permission. selling. •  The Design Right protection is granted upon application – however in the EU there is the Unregistered Design Right that automatically gives protection 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) . configuration or composition of pattern or color. industrial commodity or handicraft.Industrial Design Right •  An Industrial Design Right protects the visual design of objects that are not purely utilitarian. •  The rights typically include the right to prevent others from making.or three-dimensional pattern used to produce a product. or combination of pattern and color in three dimensional form containing aesthetic value.

and to not have their work used in a derogatory or prejudicial manner (moral rights). who may adapt the work to other forms. Some countries require the notion of originality. •  Copyright normally lasts 70 years post mortem auctoris . copyright can be registered which gives additional rights to recompensations in case of infringement •  Copyright is applicable to any expressible form of an idea or information that is substantive and discrete. and it gives the creator the right to be be credited for the work. In the US.Copyright •  Copyright gives the creator of an original work exclusive rights: •  Copyright it is "the right to copy". who may perform the work (related rights). •  Copyright arises automatically with the (physical) creation of the work. not to have it falsely attributed. •  A note on moral rights: those can not be traded. the right to determine who may financially benefit from it.

This right is available in a number of many national statutes.Utility Models •  A utility model is an intellectual property right to protect inventions. •  Petty patent (Indonesia). “poor man’s patent” •  Term often 6 to 15 years . It is very similar to the patent. but usually has less stringent patentability requirements.

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

the designs cannot be protected under copyright law (except perhaps as decorative art).Integrated Circuit Topologies •  Because of the functional nature of the mask geometry. •  So since the 1990s. national governments have been granting copyright-like intellectual property rights conferring time-limited exclusivity to reproduction of a particular layout. •  Protection term is much shorter: 10…15 years •  Protection upon registration or first commercial use . •  Because individual lithographic mask works are not clearly protectable subject matter. they also cannot be effectively protected under patent law.

or compilation of information which is not generally known or reasonably ascertainable. instrument. pattern. practice.Trade Secret •  A trade secret is a formula. process. •  A company can protect its confidential information through noncompete and non-disclosure contracts with its employees or business partners. In some jurisdictions. by which a business can obtain an economic advantage over competitors or customers. design. such secrets are referred to as "confidential information" or "classified information". .

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

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

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

standardized license to replace the normal contractual relationship between rights holder and user. distribute or perform the work additionally to crediting the creator and mentioning the license –  Share-alike – user must re-license derivatives under the same license –  Non-commercial – use in connection with “making money” is not allowed (not even fundraising for a charity or putting on a blog with Google Ads to cover hosting costs) –  No derivatives – use only unaltered copies •  There are (up to now) national versions of the licenses – the idea was to adapt the licenses to national legislation.Creative Commons •  A system of public licenses that grant reuse of copyrighted work •  The strategy is to use a publicly available. •  Rights holder can select. This is probably going to disappear •  Pay attention to compatibility issues when re-using material . which restrictions s/he wants to add to the general permission to use.

and release modified versions •  Various licenses . and change it to redistribute copies to improve the program.FLOSS •  Free / Libre / Open Source Software •  Free Software –  –  –  –  –  –  –  Freedom Freedom Freedom Freedom GPL LGPL BSD 0: 1: 2: 3: to run the program for any purpose to study how the program works.

The Stuff We Make What type of thing Things that work Ornamental things Beautiful things Electronic cirquits Code (Software) Documentation Legally speaking inventions (technology) industrial designs Protection mechanism Patent Industrial design right What is still possible private use. inspiration private use. educational Sharing mechanism Defensive publication ? Creative Commons Creative Commons FLOSS licenses Creative Commons works of art Copyright and literature ? work of art Copyright and literature invention / work of art Patent / Copyright work of art Copyright and literature . educational see above private use. research private use. educational privat use.

3.google.Case FabFi •  open-source.af/ under a Creative Commons by-sa license •  Uses various software components under various licenses. FabLab-grown system to transmit wireless ethernet signals across distances of up to several miles •  Documentation available at http://code.0 license (LuCId http slave) .fablab. Squid web caching is distributed under the GNU General Public License (version 2). e.0 •  General project description available at http://fabfi. other licenses include the new BSD license (SchoolNet parts) and the Apache 2.com/p/fabfi/wiki/ WikiHome?tm=6 under a Creative Commons by unported license.g.

org/wiki/Ultimaker %27s_v1.4_PCB and http://wiki. . GNU FDL requires preservation of “Invariant Sections”.5.Case Ultimaker •  Open Source.ultimaker. GNU FDL allows commercial reuse.thingiverse.0 •  Note that the GNU FDL and CC-BY-NC are not compatible. based on the RepRap •  Documentation available at http://reprap. 3. FabLab-grown 3D printer.com/Main_Page under the GNU Free Documentation License •  Lasercut drawings available at http://www.com/thing: 13571 under Creative Commons by-nc unported license ver.

The good news is that intellectual property can still exist. Companies will seek compensation by how they add value. but it will not be based on control of scarce resources. not on their control of IP.Neil Gershenfeld The bad news is that intellectual property is no longer protectable. .

google.org/wiki/Integrated_circuit_layout_design_protection •  .org/ licenses/by-sa/3.wikipedia.org/wiki/Gebrauchsmuster –  http://en.fablab.org/wiki/Agreement_on_Trade-Related_Aspects_of_Intellectual_Property_Rights –  http://en.org/wiki/Utility_model –  http://en.org/wiki/Statute_of_Anne –  http://en.Sources Used •  •  •  •  FabFi documentation –  http://fabfi. The Origin of Patent Law.wikipedia.wikipedia.com/Main_Page –  http://www.org/wiki/Trademark –  http://en.4_PCB –  http://wiki.compilerpress.com/p/fabfi/wiki Frumkin.0/): –  http://en.wikipedia.org/wiki/Copyright –  http://en.wikipedia. 143-149.com/thing:13571 Wikipedia articles on the subjects (all under a Creative Commons Attribution-ShareAlike License.wikipedia. M.org/wiki/Ultimaker%27s_v1. Available online: http://www. (1945).org/sessions/summary/ globalization-science-and-technology Ultimaker documentation: –  http://reprap. D.wikipedia.ultimaker.htm Schlesinger. http://creativecommons.weforum.org/wiki/John_of_Utynam –  http://en.wikipedia.af –  http://code.org/wiki/Patent –  http://en. Journal of the Patent Office Society 27 (3) March 1945.wikipedia.wikipedia.org/wiki/History_of_patent_law –  http://en.thingiverse. Available at http://www.org/wiki/History_of_copyright_law –  http://en. (2010).5.wikipedia. The Globalization of Science and Technology.ca/Library/Frumkin%20Origin%20of%20Patents%20JPOS%201945.org/wiki/Industrial_design_rights –  http://en.wikipedia.wikipedia.org/wiki/Trade_secret –  http://en.

Sign up to vote on this title
UsefulNot useful