by Teodora Zamudio Wachya!! Getting Cree Knowledge into property systems Waswanipi Cree Forest Model

Where is the link between knowledge and property ? Inputs Assets Assets Money Money Infrastructure Infrastructure Knowledge  Intellectual asset Knowledge  Intellectual asset Organization Organization Human resources Human resources Etc. … Etc. … in business in business

Waswanipi Cree Forest Model What does “knowledge” produce? Outputs Outputs Products & Services Products & Services Development Development Technologically Technologically Economically Economically Socially Socially Consolidation of cultural values and knowledge Consolidation of cultural values and knowledge

Waswanipi Cree Forest Model Usual legal treatment of “knowledge” Know how Know how Trade Secrets More (click here) More (click here)click hereclick here IPRs (Intellectual Property Rights Systems) Patents Utility models Industrial designs Trade marks Breeders’ right Copyright More ( cccc llll iiii cccc kkkk h h h h eeee rrrr eeee)

Waswanipi Cree Forest Model IPRs  Set up property against everybody else, for sale, use and production  It works where it was recognized (you have to register it in each country you want to exploit the IPRs)  Full disclosure is required  Temporary monopoly (from five –renewalable- to 20 years depending on the systems and categories)  Application process can be timely and expensive  It must meet all of the IPRs criteria (depending on each category).  Will be placed in the public domain

Waswanipi Cree Forest Model Known how PPPProtected by contracts NNNNo legal protection except in cases of “breach of confidence and other acts contrary to honest commercial practices.” TTTThis means that OOOOnly applies to commercial values OOOOne must be able to prove some form of malicious intent RRRReasonable efforts have to be taken to maintain secrecy

Waswanipi Cree Forest Model IPRs Categories. A little bit of history will give some clues… They were created by legislations: The first grant supposedly took place in the Toscana (Italy) in 1421 [see also the English version… and What about Canada] The first grant supposedly took place in the Toscana (Italy) in 1421 [see also the English version… and What about Canada]first grant the English versionWhat about Canadafirst grant the English versionWhat about Canada The main purpose of patent law was not to encourage discovery but rather to introduce technology in local commerce The main purpose of patent law was not to encourage discovery but rather to introduce technology in local commerce Dual rights, Dual rights, exclusionary  Monopoly exclusionary  Monopoly operate invention free from guild interference. operate invention free from guild interference.

Waswanipi Cree Forest Model 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..”

Waswanipi Cree Forest Model English history tells that… … the earliest known patent for invention was granted by Henry VI to Flemish-born John of Utynam in The patent gave John a 20- year monopoly for a method of making stained glass, required for the windows of Eton College, that had not been previously known in England. Such grant was signified by a Letter Patent, open letter marked with the King's Great Seal.

Waswanipi Cree Forest Model What about Canada ? Alexander Graham Bell, was actually born in Scotland, emigrated to Canada as a young man, and did much of his most creative work in Brantford, Ontario, where he invented the telephone in Alexander Graham Bell, was actually born in Scotland, emigrated to Canada as a young man, and did much of his most creative work in Brantford, Ontario, where he invented the telephone in Canadian Reginald Fessenden, and not Guglielmo Marconi, was the real "Father of Radio." Fessenden was the first to achieve two-way voice transmission by radio. He also made the first public broadcast of music and voice on Christmas Eve in Canadian Reginald Fessenden, and not Guglielmo Marconi, was the real "Father of Radio." Fessenden was the first to achieve two-way voice transmission by radio. He also made the first public broadcast of music and voice on Christmas Eve in 1906.

Waswanipi Cree Forest Model IPR’s Categories First IPR laws created a “patent”=“allowance”, grant to be given by plaisir du roi First IPR laws created a “patent”=“allowance”, grant to be given by plaisir du roi Afterward the IPR system creates more specialized categories adapted to different commercial issues: Afterward the IPR system creates more specialized categories adapted to different commercial issues: Invention Invention Utility models Utility models Industrial Designs Industrial Designs Trade & Service Marks Trade & Service Marks New Plant Specimens New Plant Specimens Geographic indicators Geographic indicators Denomination of origin Denomination of origin Literary, artistic & techno- scientific production ⇓ Copyright Literary, artistic & techno- scientific production ⇓ Copyright

Waswanipi Cree Forest Model IPR’s steps preliminary strategies preliminary strategies preliminary strategies preliminary strategies preparing applications preparing applications IP system specific requirements for subject matter IP system specific requirements for subject matter conducting applications conducting applications  before IP Office  before IP Office  before an eventual TK Register  before an eventual TK Registereventual TK Registereventual TK Register post-grant procedures post-grant procedures

Waswanipi Cree Forest Model Preliminary strategies in 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 equation and decide: Within 10 months of filing review cost benefit equation and decide: Should I proceed? Should I proceed? Where? Where? If it is the case: File a PCT application or overseas patent application? If it is the case: File a PCT application or overseas patent application?

Waswanipi Cree Forest Model How can TK get in? Basically remember that IPRs Categories (creation and enforcement) depend on the presure of economic needs and social factors on political making- decisions Then you need Precise characterization of the subject matter and its commercial & social importance [see s s s s s oooo mmmm eeee dddd eeee tttt aaaa iiii llll ssss] Precise identification of the requirements of the category itself

Waswanipi Cree Forest Model CK Register as an alternative Initials Requirements to prepare your claims Description of the CK Description of the CK Goods Proceedings Features Designs Tools Uses Function Purpose Actors Actors Commercial purposes Commercial purposes Creators /Holders Creators /Holders

Waswanipi Cree Forest Model 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 IPRs usual IPRs TK (sui generis) IPRs TK (sui generis) IPRs

Waswanipi Cree Forest Model CK, as a new category of the IPRs. Is it possible? What do you think? There is a lot of work to do We need to achieve a lot of skills Some organizational structure is needed It is a great challenge for what we have few antecedents It will give us a lot of fun!!!

Waswanipi Cree Forest Model 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 !!!