EOI – the label of convenience at risk

Calling for an Expression of Interest (EOI) gives the impression of progressive policy, but ‘paused development’ is often the result. A high risk for innovation and innovators to participate is the loss of Intellectual Property (IP). In more recent times it is common for government to test reactions to hard issues that are deemed to be important, and there is a belief finding acceptance of ‘real’ truth of the purpose – the use of EOI to assign work to institutions that have been otherwise denied funding at the expense of genuine innovation. Legally this is acceptable, but the morals are questionable when you consider that the ideas come from innovation and the innovators and they are at risk of loss of IP. Before participating in EOI invitations, the best defence could be to better understand Intellectual Property Law – starting with 101.

CO2Land org can give numerous examples of brilliant ideas. Many of these fail to be taken up because the main need was not correctly evaluated. In short a market was either not ready or the opportunity for the market to mature was outside the timeframe to sustain a reasonable return to run a business.  The carbon market is a very good example of brilliant ideas and correct intentions and misreading the timeframes. It follows that the space is a long way from being mature and it is complex as we have green markets, carbon markets and clean markets and a lot of individuals and entities wanting to be in the place where it is seen to be happening.

When we have a commodity we are well protected by our reputation and brand and the profile of what is offered carries warnings on ethical behaviours and legislation for protection. It is acceptable for the society to do this especially where the standards are deficient or omit adequate definition of the goods or services. Despite all this, as an innovator, it is very difficult to protect yourself and your intellectual property. Why? Because most participants establish their trademark/logo believing it is not necessary to establish reputation in the right of the mark. If someone comes along and does a better job of using the trademark or borrowed a look of your trademark to show a better use of it – they have the reputation not you. Also it is important to consider a reputation is not a single dimension it can be words with the addition of pictures, sounds, smells, colours and shapes.  Another question related to trade marks is different entities in different classes of specific goods and services need to be named in the specific classes. It would be prudent to check this matter out if you are moving from one market opportunity to another!

Starting up 101 – Intellectual Property (IP) is just a label of convenience! IP is a number of things that range from subject matter to rights. IP falls into categories in order to get rights and longevity over those rights. The significance of the difference makes the difference in the context of enforcing rights. Conversely you cannot enforce rights you do not have.

In relation to EOI – it could be argued you are permitting others to use or exploit your IP. Before participating you should take the matter up with a specialist IP Lawyer.

Background of what is IP in practice (Australia):

IP Matter Process to approve IP Type Definite Time
Innovation/Inventions yes Patents Yes
Genuine confidential and trade secrets no Trade Secrets and confidential information (not trivial) no – but you must maintain secrecy/confidentiality
Plant varieties yes Plant breeders rights yes
Visual features of a product yes Registered design yes
Signs distinguishing goods or services provided yes Registered trade mark Rollover by renewal fees paid
Original works and aligned subject matter (written down ideas) no Copyrights yes
Original layouts of semiconductor circuits no Circuit layout rights yes
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