Patents Advisory Group Report 30/08/03
PATENT ADVISORY GROUP
Version 1.1 : 22 August 2003 For: Council on 29 August 2003 Status: Public
1. BACKGROUND
Council will be aware that recent actions of DE Technologies is obtaining a patent over a particular e-commerce method of transaction, and seeking to licence it to NZ businesses has generated considerable attention amongst the Internet community.
InternetNZ was concerned enough over the ramifications of the patent, that the Administration Committee authorised after consultation with Council expenditure of up to $5,000 to obtain legal advice on the issues involved.
The legal advice is attached to this paper, but not on the website as it is confidential and publication could disadvantage InternetNZ and affected NZ e-commerce businesses.
2. INTERESTED PARTIES
Some of the affected businesses or organizations have banded together through a mailing list and website at www.fightthepatent.co.nz . They have appreciated the assistance given to date by InternetNZ and the sharing of our legal advice with them.
The organizer of that site have asked InternetNZ whether we would be willing to provide ongoing assistance by establishing a committee or advisory group which would have a dual role of facilitating and sharing information amongst affected internet users and organizations, and examining legal and policy issues surrounding patent law.
3. TERMS OF REFERENCE
The proposed terms of reference for the Patent Action Group (PAG) are:
- To share information amongst affected internet users and organizations concerning the DET patent
- To investigate whether there are other patent applications pending which may be undesirable due to their wide scope and obviousness
- To consider the law reform and policy issues raised in the legal advice from AJ Park and consult on a desired position (if any) for InternetNZ to take on the review of the Patents Act
4. MEMBERSHIP
We have been very fortunate in gaining the agreement of former InternetNZ Chair Jim Higgins to Chair the Group. Jim is well versed in legal and policy issues concerning the Internet, having advised the Law Commission previously. He is on the Board of the Association of Local Government Information Managers, which has concerns over this issue.
The proposed membership of the Patent Advisory Group is:
Jim Higgins, Association of Local Government Information Managers (Chair)
David Farrar, Vice-President, InternetNZ
Russell Holland, Webfoot Publications Ltd
Richard Shearer, Webfarm Ltd
Robert Hunt, Managing Director, Plain Communications
Carl McNeil, Director, e-Media Ltd
Chris JT Auld, Chief Architect, e-Media Ltd
5. BUDGET
There is no intention that the group will undertake legal action itself, so the only budget requirements are to cover logistical costs. We expect much of the business will be transacted by e-mail but some face to face meetings or tele-conferences may be desirable. Members come from Christchurch, Gisborne and New Plymouth as well as Wellington.
The standard $3,000 budget for a Committee or Taskforce is sought.
6. RECOMMENDATION
That Council agrees to:
- Establish a Patent Advisory Group with terms of reference and membership as outlined in this paper..
- Approve a budget of $3,000, with expenditure authority delegated to the Taskforce Chair
David Farrar
Chair
Legal & Regulatory Committee
© 2001 InternetNZ
Last updated 22 August 2003
