In this particular case IP is held on specifications archetypes are making use of. It is about ownership of IP of BOTH the Reference Model and the AOM
Gerard > On Sep 3, 2015, at 10:09 AM, Bert Verhees <bert.verh...@rosa.nl> wrote: > > On 03-09-15 09:07, "Gerard Freriks (privé)" wrote: >> I think that definitions are generally valid. > > Gerard, I think you know, you be ignorant and warning at the same moment. > I have good news for you (because ISO13606 is using parts of the AOM) and for > all of us. > There cannot any effective IP be claimed on OpenEHR and related technologies. > ---------------------------------------------- > Let me explain: > > There are two kinds of IP > > One is copyright, it is about the literally text of something > One is patents, it is about the idea worded in the text. > > I don't know any other form of IP, do you Gerard? > --------------------------------------------- > The first does not apply, because the text is given open source > So, the publisher waives all rights until the end of days. > --------------------------------------------- > Then patents, there may be a hidden patent on OpenEHR related things. > > There a few things important in the case of patents. > > - It may not be based on already existing ideas, that is called prior art. > - The patent owner is obliged to protect its patent, or else laches defenses > are possible. None ever filed a complaint about patent infringement regarding > the use of OpenEHR. Now it is too late. Laches defenses are possible after 5 > years. > - If the patent-owner lulled you in using a technique, so that you felled > safe to use it, he cannot claim afterwards IP on that. > (Under the doctrine of “equitable estoppel”, the accused infringer must have > relied on the patentee’s assurance or non-enforcement in choosing to continue > infringing. The key issue is whether the accused was lulled into a false > sense of security and evidence that the accused detrimentally relied upon it.) > > http://www.lawabel.com/patent-damages-laches-and-equitable-estoppel/ > <http://www.lawabel.com/patent-damages-laches-and-equitable-estoppel/> > > So we can safely say that, even if there are patents on OpenEHR, they can > never be effected anymore. > Not even on a new version of the Reference Model, because that will come very > close to prior art. > ---------------------------------------------- > But still I think that the OpenEHR-organization should take more action to > fightr these rumors. > > Best regards > Bert Verhees
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