Scams in intellectual property
From Wikipedia, the free encyclopedia
Intellectual property is a very complex area and covers a vast range of diverse subjects.[1] As a result, there are opportunities for unscrupulous individuals and organisations to take advantage of those wishing to secure protection for their IP.
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[edit] Registration services
Registration services are organisations or individuals that contact IP applicants or owners and request payment for an apparently official registration of their IP.
Applicants and owners of patents, trademarks and industrial design rights have all received letters from such registration services and different IP offices and organisations around the world have issued warnings in connection with the offered services.
The Registration services are able to target applicants directly because patent, trademark and design applications are published a set time after filing or upon grant. This information is freely available to the public and normally includes a name and address for the applicant. Registration services use this information to send requests for payment to applicants shortly after publication.
[edit] Published warnings for different forms of IP
- American Intellectual Property Law Association (AIPLA) - Patent Registry Scams
- Australian Patent Office - Warning! Unsolicited IP Services
- Belgian Patent Office - Warning to inventors about fraudulent registration services, in (Dutch) [1] or (French) [2] (with link to a Decision of January 14, 2005 of a Belgian Appeal Court (pdf) - in French)
- European Community trademarks - Warning
- European Community designs - Warning
- European patent applications - Information from the European Patent Office
- French Patent Office - Warning (French)
- International Trademark Association (INTA) - Warning: Beware Unsolicited Trademark Services
- International Bureau of the WIPO (international patent applications) - Warning
- International trademarks - Warning
- Swiss Patent Office - Warning
- United Kingdom patent applications - Warning: Unsolicited mail about unofficial registration services
[edit] Known registration services
Registration services who are known to target IP applicants include:[2]
- CPI (Company for Publications and Information Anstalt) - LI
- EIEC (European Institute for economy and Commerce) - BE
- FIPTR (Federated Institute for Patent & Trademark Registry) - US
- Institut économique pour le commerce, l'artisant, l'industrie -CH
- Trademark Publisher GMBH - AT
- WIG (Wirtschaftszentrale für Industrie und Gewerbe AG) - CH
[edit] Domain slamming
Domain slamming is a form of scam in which an internet service provider (ISP) or domain name registrar attempts to trick customers of different companies into switching from their own ISP/registrar to the scamming ISP/registrar, under the pretense that the customer is simply renewing their subscription to their old ISP/registrar.[3][4]
[edit] Unscrupulous invention promotion firms
- See also: invention promotion firm.
United States patent law defines an "invention promoter" as a person or company that provides services to develop or market unpatented (or non-utility patent pending) inventions and advertises through any mass media. [5] Invention promotion firms offer to evaluate the patentability of inventions, file a patent applications, build prototypes, license to manufacturers, and market an invention. They are distinguished from more conventional consulting firms and law firms offering the same services in that they market their services primarily to individual persons through the mass media. [6] Some of these firms, however, use high pressure sales tactics and make exaggerated claims as to what results a client can expect. Thus many clients who use these firms are extremely dissatisfied with the results they get and feel as if they have been defrauded.
In 1997, the Unites States Federal Trade Commission launched “Project Mousetrap” to identify, prosecute and fine firms engaged in improper and deceptive practices. [7] Actions were brought against:
- International Product Design, Inc., The Innovation Center, Inc., and the National Idea Center, Inc., all of which were headquartered in Washington, D.C. and preceded the following four firms: American Invention Associates, Inc. headquartered in Miami, Florida; Invention Consultants, USA, Inc. of Philadelphia, Pennsylvania; New Products of America, Inc., of Atlanta, Georgia; International Licensing Corporation, Inc. of Reston, Virginia; and Azure Communications, Inc., of Reston, Virginia, doing business as London Communications, Inc. and which is the corporate headquarters of the four successor firms; and officers of one or more of the companies Robert N. Waxman, Peter Doran, Darrell Mormando, Julian Gumpel and Greg Wilson
- National Idea Network, Inc., doing business as The Concept Network out of Indiana and Wexford, Pennsylvania; CEO and President Harry E. Sharf, III, Executive Vice President Wayne R. Obitz, and Senior Marketing Representative Robert J. Zarko
- Davison & Associates, Inc., of Oakmont and Indianola, Pennsylvania; President and CEO George M. Davison, III, and sales associate Thomas Dowler
- Eureka Solutions International, Inc. and OEM Communications, both doing business out of the West Pittsburgh Expo Mart in Monroeville, Pennsylvania; President and founder Gregory S. Bender, and sales representative Frank J. Cillo
The United States Patent and Trademark Office (USPTO) also posts complaints online from dissatisfied clients and provides an opportunity for invention promotion firms to respond to the complaints. The USPTO, however, does not investigate the validity of any claims.[8]
Many invention promotion firms vigorously oppose their characterization as being dishonest or unethical [9]. They point to the fact that most of their criticism comes from a small number of vocal opponents and that overall they have a high customer satisfaction rate.
Both the USTPO and the US Federal Trade Commission publish guidelines on how consumers can better determine if an invention promotion firm is scrupulous or not. Signs of an unscrupulous invention promotion firm include:
- Exaggerated claims about the market potential of the invention
- Refusal to offer advice in writing
- Request for money immediately and upfront.
[edit] Link campaigns
The European Intellectual Property Association (EIPAWEB) website is one of several websites registered by Nichifor Valentin.[10] This site states that EIPAWEB represents over 100 non-governmental and other not-for-profit organisations interested in protection (sic) he intellectual property of all europeans.
The site includes a FAQ section that has been copied[10] from a UK Government Intellectual Property site.[11] There is also a list of patents. Most pages on the site include a large number of "Ads by Google"
Reports[12][10] on the Internet state that they have received emails about this site as follows:
Hello, I came across your site while searching the net for some quality websites. I think you did a great job with your site. My name is Daniel. I work for The European Intellectual Property Association (EIPAWEB). I would like to add your site to our usefull links page ( http://www.eipaweb.org/links.php ) and I was wondering if you can post a link with our site in your website. If you have any questions, don’t hesitate to contact me and I’ll answer your questions promtly. We are Nonprofit organization. Best regards, Daniel European Intellectual Property Association
It has been surmised[10] that Nichifor Valentin is using his different sites to make money from the Google ads that litter each site.
[edit] United States Patent Association
Some firms that promote the sale of stocks through unsolicited faxes include a notice that the company in question "holds patents with the Untied(sic) States Patent Association". This is a meaningless designation. The United States Patent Association was a patent advocacy group that existed in the late 1800's.
[edit] References
- ^ UK Patent Office advice
- ^ OHIM warning
- ^ http://www.discountdomainsuk.com/articles/5/876/0/4
- ^ http://www.theregister.co.uk/2002/05/14/verisign_hit_with_slamming_lawsuit/
- ^ 35 USC 297(c) Definitions of invention promoter
- ^ Contact the USPTO before you get burned! Advice from the USPTO concerning Invention promoters
- ^ ‘’ FTC/STATE "PROJECT MOUSETRAP" SNARES INVENTION PROMOTION INDUSTRY, US Federal Trade Commission, Press Release July 1997
- ^ The USPTO public forum for invention promoters/promotion firm complaints and responses
- ^ "Fear on the Net" by Invent-Tech
- ^ a b c d http://www.lightbluetouchpaper.org/2007/01/07/human-rights-and-biophysics-strange-similarities/
- ^ http://www.intellectual-property.gov.uk/faq/index.htm, retrieved 20 February 2007, but due to be shut down in April 2007
- ^ http://ipkitten.blogspot.com/2007/02/friday-fripperies.html
[edit] See also
[edit] External links
- USPTO public forum for invention promoters/promotion firm complaints and responses
- Federal Trade Commission Consumer advice concerning Invention Promotion Firms
