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International Law

: Atlanteknology - Technology News for Atlantic Canada

The apple of my eye-p (intellectual property)

By RCP

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I was listening to CBC radio this morning on my way in to work and there was a story on the apple growing industry in Nova Scotia. Anyone who has been here will know that the area called the Annapolis Valley is the apple growing area of the province and that the apples grown there are exported around the world.

In an effort to create new markets and change in the face of consumer tastes, various growers are turning to organic growing techniques. The story discussed how one grower is using all natural treatments to replace the chemicals that help to manage the size and number of apples each tree produces. The reporter discussed some of these techniques but then went on to mention that they were not given further details by the grower because of......yes, thats right, intellectual property concerns.

The story was, to me, a perfect example of how intellectual property issues arise in all manner of commercial enterprises. I suspect that many people would not associate apple growing with cutting edge intellectual property matters but the truth of the matter is that farming, in general, produces a great deal of advancements, many of which are costly and are worthy of protection.

This particular farmer, for example, would have a great advantage over her competitors if she actually discovered an all natural technique to replace the chemicals that control the size and number of apples produced by a tree.

There are a number of ways she could protect this information including (potentially) a patent. The less costly alternative is via what is called "trade secret". The best known trade secret is the formula to Coke. Well, the farmer's "formula" could be protected in much the same fashion.

The key of course is to keep the formula secret. hence the name. And there are all kinds of ways to do this, including having the people who come in contact with the formula sign appropriate agreements concerning confidentiality etc. Also, and under the philosophy that a good defence is the best offence, the single best way to keep the formula secret would be to regulate who has access to it. And so on...

Anyway, I thought it was very interesting. Not all all intellectual property comes from laboratories where white coated technicians run around peering in to microscopes.

Have an apple - they are good for you. and don't forget to compost the core (assuming you do not eat it too).

Full post as published by Atlanteknology - Technology News for Atlantic Canada on May 08, 2008 (boomark / email).

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