Articles

Protecting Patent, Copyright, Intellectual property or trademark items at a University

Whether at a public or private University, issues of patent, copyright, intellectual property or trademark come up very regularly.  From the institutional logos to the breakthrough inventions of the sciences departments to artworks and methods of the liberal arts, the largest concern to a University is whether a patent, copyright, intellectual property or trademark will be defended or made available to the public as part of the public domain.

Just because a work doesn't have legal protection doesn't mean the University can't make money off it, and that seems to be the spirit driving open source and creative commons.  In a world where “market penetration” has more bearing on success than just about any other aspect of the process, the cost of patent, copyright, intellectual property or trademark litigation can far outstrip the benefit in the marketplace.

Even at private institutions, the benefit from the free and unfettered sharing of information and art is often more useful to achieve the primary mission of the institution.  In fact, private universities that charge higher tuitions may be in better financial straits making strictly capitalistic ventures less necessary.  The patent, copyright, intellectual, property or trademark registration and defence process costs money in legal fees and registration fees even before the process of sales or licensing can begin.

The patent, copyright, intellectual property or trademark process also is one that requires constant vigilance – something many at university don't feel is in the spirit of an educational institution.  Of course, if a university is home to a school of law, there are additional practical reasons for the other departments to be served by those in training.

It is common in patent, copyright, intellectual property or trademark lawsuits to rely upon evidence of registration.  In the case of patents, this can take a long time and require a great deal of documentation to be prepared.  Trademark registration is more straightforward, but also requires a study to be made of the mark, how it relates to other existing marks and the markets it will want to be registered or defended in.  Copyrights are inherent whenever someone creates a unique work, but to really make copyrights stick in a court of law, most attorneys would recommend registering copyrights or at least publication with circulation.

All of these cost money.  Because the answers are hardly simple given all the variables at a modern university, most institutions meet with patent, copyright,  intellectual property or trademark attorneys on a regular basis to decide upon an IP strategy that will guide the University and individual departments for the coming year or two.