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.
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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?
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The first does not apply, because the text is given open source
So, the publisher waives all rights until the end of days.
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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/
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.
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But still I think that the OpenEHR-organization should take more action
to fightr these rumors.
Best regards
Bert Verhees
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