Friday, June 29, 2012

Intellectual Property Law Bulletin


The Venture Capitalist Said "Protectable IP"
By Michael A Mann

He wanted protectable  intellectual property.  The venture capitalist didn't say protected  IP or protective IP, just protectable IP.  Was that sarcasm or was he distinguishing among types of intellectual property?:  protectable versus unprotectable.   “Unprotectable” sounds like the title of a movie starring Charles Bronson. 
Maybe he was suggesting that he wanted patentable inventions so he could apply for exclusive rights from a government, rather than, say, know-how.  There are no “know-how patents” (although governments do grant rights for some types of know-how, such as non-exclusive licenses for the practice of law or for cutting hair). 
Still, I stumbled over “protectable” not only with intellectual property but with any property including tangible personal property and real estate.  When I go to a clothing store, I don’t ask to buy a protectable tie (but my clothier will gladly spray my ties with SCOTCHGARD brand grease and oil repellant).  When I bought a house, I didn’t think to ask for a protectable one.  I did require one with clear title but not protection against eminent domain, foreclosure or a tornado.
Furthermore, my home security service will not protect my home, it will only tell me that my house has been broken into or is on fire.  It won’t stop the burglars or render my house fire-proof.  My security service will not even tell the burglars through an intercom to “please leave the premises now!” or “please sit on the front porch quietly until the police arrive!”...
Read the full article at Nexsen Pruet. 

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