by teodora zamudio wachya!! getting cree knowledge into property systems waswanipi cree forest model

by Teodora Zamudioby Teodora Zamudio

Wachya!!Wachya!!

Getting Getting

Cree KnowledgeCree Knowledge into into propertyproperty systems systems

Waswanipi Cree Forest Model

Waswanipi Cree Forest ModelWaswanipi Cree Forest Model

Where is the link between Where is the link between knowledge knowledge and and propertyproperty? ?

InputsInputs AssetsAssets

MoneyMoney Infrastructure Infrastructure Knowledge Knowledge Intellectual Intellectual

assetasset OrganizationOrganization

Human resourcesHuman resources Etc. Etc. ……

in businessin businessin businessin business


What does What does “knowledge”“knowledge” produce?produce?

OutputsOutputs Products & ServicesProducts & Services DevelopmentDevelopment

TechnologicallyTechnologically Economically Economically SociallySocially

Consolidation of cultural Consolidation of cultural values and values and knowledgeknowledge


UsualUsual legal treatment of legal treatment of “knowledge”“knowledge”

Know how Know how Trade SecretsTrade Secrets

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IPRs IPRs (Intellectual (Intellectual Property Rights Property Rights Systems)Systems) PatentsPatents Utility modelsUtility models Industrial Industrial

designsdesigns Trade marksTrade marks Breeders’ rightBreeders’ right Copyright Copyright

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IPRsIPRs Set up Set up propertyproperty against everybody else, for sale, against everybody else, for sale,

use and productionuse and production It works where it was recognized (you have to It works where it was recognized (you have to

register it in each country you want to exploit the register it in each country you want to exploit the IPRs)IPRs)

Full disclosure is required Full disclosure is required Temporary monopoly (from five –renewalable- to 20 Temporary monopoly (from five –renewalable- to 20

years depending on the systems and categories) years depending on the systems and categories) Application process can be timely and expensive Application process can be timely and expensive It must meet all of the IPRs criteria (depending on It must meet all of the IPRs criteria (depending on

each category). each category). Will be placed in the public domain Will be placed in the public domain


Known howKnown how Protected by contractsProtected by contracts

No legal protection except in cases of No legal protection except in cases of “breach “breach of confidence and other acts contrary to honest of confidence and other acts contrary to honest commercialcommercial practices.” practices.”

This means that This means that Only applies to commercial valuesOnly applies to commercial values One must be able to prove some form of malicious One must be able to prove some form of malicious

intentintent

Reasonable efforts have to be taken to Reasonable efforts have to be taken to maintain secrecymaintain secrecy


IPRs Categories. IPRs Categories. A little bit of history will give some A little bit of history will give some

clues…clues…They were created by legislations:They were created by legislations: The The first grant supposedly took place in supposedly took place in

the Toscana (Italy) in 1421 the Toscana (Italy) in 1421 [see also [see also the English version… and … and What about Canada]]

The main purpose of patent law was not The main purpose of patent law was not to encourage discovery but rather to to encourage discovery but rather to introduce technology in local commerce introduce technology in local commerce

Dual rights, Dual rights, exclusionary exclusionary Monopoly Monopoly operate invention free from guild operate invention free from guild

interference.interference.


Toscan Rule (Florence)Toscan Rule (Florence) "... it is proposed that our Board

will pass a resolution stating that anyone in our city who will make any new and inventive device, not made on this territory before and this invention will be mastered to such an extent that it would be possible to implement it and used, they are obliged to inform the appropriate office of our city. It will be disallowed for any other person on our territory to make a similar device without consent and permission of its author within the period of 10 years. If anyone did it anyway, the author of invention has the right to sue the person before our city office ..”


English history tells English history tells that…that…

… … the earliest known patent for the earliest known patent for invention was granted by Henry invention was granted by Henry VI to Flemish-born John of Utynam VI to Flemish-born John of Utynam in 1449. The patent gave John a in 1449. The patent gave John a 20-year monopoly for a method 20-year monopoly for a method of making stained glass, required of making stained glass, required for the windows of Eton College, for the windows of Eton College, that had not been previously that had not been previously known in England. known in England.

Such grant was signified by a Letter Such grant was signified by a Letter Patent, open letter marked with Patent, open letter marked with the King's Great Seal. the King's Great Seal.


What about Canada ?What about Canada ? Alexander Graham Bell, was actually Alexander Graham Bell, was actually

born in Scotland, emigrated to Canada born in Scotland, emigrated to Canada as a young man, and did much of his as a young man, and did much of his most creative work in Brantford, most creative work in Brantford, Ontario, where he invented the Ontario, where he invented the telephone in 1876.telephone in 1876.

Canadian Reginald Fessenden, and Canadian Reginald Fessenden, and not Guglielmo Marconi, was the real not Guglielmo Marconi, was the real "Father of Radio." Fessenden was the "Father of Radio." Fessenden was the first to achieve two-way voice first to achieve two-way voice transmission by radio. He also made transmission by radio. He also made the first public broadcast of music and the first public broadcast of music and voice on Christmas Eve in 1906.voice on Christmas Eve in 1906.


IPR’s CategoriesIPR’s Categories First IPR laws created a “patent”=“allowance”, First IPR laws created a “patent”=“allowance”,

grant to be given by grant to be given by plaisir du roiplaisir du roi

Afterward the IPR system creates more Afterward the IPR system creates more specialized categories adapted to different specialized categories adapted to different commercial issues:commercial issues:

InventionInvention Utility modelsUtility models Industrial DesignsIndustrial Designs Trade & Service MarksTrade & Service Marks New Plant SpecimensNew Plant Specimens

Geographic indicatorsGeographic indicators Denomination of originDenomination of origin Literary, artistic & techno-Literary, artistic & techno-

scientific production scientific production ⇓⇓ CopyrightCopyright


IPR’s stepsIPR’s steps

preliminary strategies preliminary strategies preparing applications preparing applications

IP system specific requirements for IP system specific requirements for subject mattersubject matter

conducting applications conducting applications before IP Office before IP Office before an before an eventual TK Registereventual TK Register

post-grant procedurespost-grant procedures


Preliminary strategiesPreliminary strategiesin IPRsin IPRs

How does my cost benefit analysis look? How does my cost benefit analysis look? Cost vs. (market size x risk) Cost vs. (market size x risk)

When is the right time to file? When is the right time to file? Start with an Canadian provisional IP application Start with an Canadian provisional IP application Within 10 months of filing review cost benefit Within 10 months of filing review cost benefit

equation and decide:equation and decide: Should I proceed? Should I proceed? Where? Where? If it is the case: File a PCT application or overseas If it is the case: File a PCT application or overseas

patent application? patent application?


How can TK get in?How can TK get in?Basically Basically remember thatremember that IPRs Categories (creation and IPRs Categories (creation and

enforcement) depend on the enforcement) depend on the presurepresure of of economic needs and social factors on economic needs and social factors on political making-decisionspolitical making-decisions

Then you needThen you need Precise characterization of the subject matter Precise characterization of the subject matter

and its commercial & social importance [see and its commercial & social importance [see some details]some details]

Precise identification of the requirements of the Precise identification of the requirements of the category itselfcategory itself


CK Register as an CK Register as an alternativealternative

Initials Requirements Initials Requirements

to prepare your to prepare your

claimsclaims

Description of the CKDescription of the CK GoodsGoods ProceedingsProceedings Features Features Designs Designs ToolsTools Uses Uses FunctionFunction Purpose Purpose

ActorsActors Commercial purposesCommercial purposes Creators /HoldersCreators /Holders


Evaluate conditions in the…Evaluate conditions in the…

Equipment & Resources

Human resources Budget External support and

services Lawfully representation Possible Competitors

Check already accorded IPRs & Trade Developments

If any: WCFM’s strengths / weaknesses to sue

Equipment & Resources

Human resources Budget External support and

services Lawfully

representation Advocacy (political skills

to promote the implementation of the register)

usual IPRsusual IPRs TK (sui generis) IPRsTK (sui generis) IPRs


CK, as a new category of the CK, as a new category of the IPRs. Is it possible?IPRs. Is it possible?

What do you think?What do you think? There is a lot of work to doThere is a lot of work to do We need to achieve a lot We need to achieve a lot

of skillsof skills Some organizational Some organizational

structure is neededstructure is needed It is a great challenge for It is a great challenge for

what we have few what we have few antecedentsantecedents

It will give us a lot of fun!!!It will give us a lot of fun!!!


Any questions?Any questions? I am very pleased to

share with you what I already know and keep learning with you about IPRs and CK!!!! And think that, once you identify your CK there are legal tools -other than the IPRs- to protect your CK!!

ki'htwa'm ka-wa'pa mitina'wa'w !!!

by teodora zamudio wachya!! getting cree knowledge into property systems waswanipi cree forest model

Documents

cree knowledge

knowledge slide

business slide

secrecy slide

public domain slide

knowledge produce

letter patent

earliest known patent