April 2008
Pocket Size Pop-Up Patent Presents Problems for Publisher
Legal case unfolds over folding maps.
Compass Maps, who hold a European Patent for “star-fold” maps are accusing rivals GeoCenter of breaching their patent with their similar pop-up, pocket sized products. They have also written to many retailers and distributors of the rival maps warning them that selling the products will be an infringement of their rights and telling them to stop selling them.
The “star-fold” maps were developed from 2,000-year-old origami techniques and are designed to enable opening and closing many times before they tear. GeoCenter argue that their designs are sufficiently different to avoid the patent.
Compass produced official maps using the star-fold for the Athens Olympics and hope to do the same for the games in Beijing. Up till 2005 Compass utilised GeoCenter as a publisher and distributor of their maps. GeoCenter’s own maps came out in 2006.
Briffa’s comment
It would be very interesting to see how the “star-fold” patent holds up under scrutiny if this case goes to court. The fact that it is derived from an earlier pattern may stand against it. The question of infringement is also interesting as there must be many ways to fold paper and you have to ask how close the method has to be for GeoCenter to infringe.
This case highlights the problems that can occur when a collaborative endeavour ends. Where you are getting another party to make or distribute your product it is essential to safeguard your intellectual property in the contract. Protect know-how and production methods with confidentiality and bind the partner in to revealing all improvements and variations on the technology that they discover. Also, make sure that all the products are sold under your brand only and that all goodwill in the product accrues to your company.
Whether to write to third parties and seeking publicity for your claim can be a tricky decision to make. In clear cases where a quick response is needed to prevent imminent damage, such as where a product is not yet, but nearly at the market, it may be necessary to contact all involved. Publicity can also lead to a quick resolution in some circumstances.
However, where the infringement is less obvious or accidental and the parties wish to work together on future projects, writing to third parties can damage relationships. In extreme cases it could lead to actions against the claimant in some form of libel for damaging reputations.