[Stoves] To patent or not to patent. How about the 'un patent'

Sun Nov 22 11:51:07 CST 2015

Dear Rebecca

Good that you brought up the registration of names. Trademarks and names are really worth protecting because the reputation of the product is tied to the name. You do a good job, someone knocks it off poorly, trading in your reputation, you are harmed.

Trading on someone’s reputation is specifically prohibited. Passing off an article as made by another is also specifically prohibited. “Grey market’ and all that.

Painting unique colours (known as the ‘livery’) is also protection. People paint things to look like my products hoping to fool people into buying my superior version. That is illegal because it constitutes ‘passing off’. Making the same product, worse, with a different colour and name, is not illegal provided the product is not patented. 

So you can have several protections:

Name

Logo/badge

Patent in the invention

Copyright (on the instruction manual)

Design copyright on the drawings

Regards

Crispin

Dear Julien, Crispin, et al,

I am glad Julien brought forward the patent issue for discussion.  As I mentioned to Julien at the Ontario Stove Camp in July 2015,  I take a patent in the Philippines (only) so I can do whatever I want with my product.  A case in point is my Bingka Oven. 

I have requested my Intellectual Property Rights lawyer, EJ Baranda, for advice on 2 related matters:

1.  On 11 Nov 2015, at 1:50 AM, Rebecca A. Vermeer <ravermeer at telus.net <mailto:ravermeer at telus.net> > wrote:

Hello Claire, EJ,

Is there any detrimental impact on my patent application if I continue the public exposure of the Eco-Kalan Bingka Oven through livelihood training of community groups,  donations of  Eco-Kalans and Bingka Ovens to kitchens and feeding centers, and  marketing of baked and cooked foods at local events?

Becky

2.  Sent: Wednesday, November 11, 2015 1:53:54 PM
Subject: Re: Eco-Kalan Bingka Oven and Eco-Kalan Stove in Livelihood Programs - UPDATE

Hi EJ & Claire,

 On a related matter, I request your opinion on the copyrighting of some Buglasan photos by Dondee (Romualdo) Señeris II wherein the Bingka Oven, the Eco-Kalan name and products made from the Bingka Oven and the Eco-Kalan stove are displayed.  SUMAPI members only made bingkas;  the Eco-Kalan Team made all the rest.  I am concerned with the aggressive "takeover" by Dondee (Regional Coordinator for Visayan Forum) of an Eco-Kalan Livelihood Project.  Is there any infringement of my trade name "eco-Kalan" and UM for the Bingka Oven ?  Can I stop Dondee and the Visayan Forum from publishing these eco-kalan/bingka oven copyrighted photos?  (See photo album below).

Buglasan Photos by Visayan Forum & Dondee Señeris

https://goo.gl/photos/ak4L7wydKeuFfweo8

Oct.16-25, 2015 Buglasan - Eco-Kalan Bingka Oven with SUMAPI in Ventures for Freedom

https://goo.gl/photos/Suq1vhrKmfwLefvh8

EJ's reply to Subject matter #1 is shown below.  I expect his second reply in the coming week.

Regards,

Rebecca 

From: "Edmund Jason Baranda" <ejbaranda at gmail.com <mailto:ejbaranda at gmail.com> >
To: "Rebecca A. Vermeer" <ravermeer at telus.net <mailto:ravermeer at telus.net> >
Cc: "Claire Salva" <claire.salva at gmail.com <mailto:claire.salva at gmail.com> >
Sent: Tuesday, November 10, 2015 5:17:04 PM
Subject: Re: Eco-Kalan Bingka Oven and Eco-Kalan Stove in Livelihood Programs - UPDATE

Hi Becky,

None at all since we have already filed the UM application and the Bingka Oven is already protected. Best to disclose in public that the UM registration is pending so potential infringers are made aware.

Best regards

EJ

Sent from my iPhone

On 11 Nov 2015, at 1:50 AM, Rebecca A. Vermeer <ravermeer at telus.net <mailto:ravermeer at telus.net> > wrote:

Hello Claire, EJ,

Is there any detrimental impact on my patent application if I continue the public exposure of the Eco-Kalan Bingka Oven through livelihood training of community groups,  donations of  Eco-Kalans and Bingka Ovens to kitchens and feeding centers, and  marketing of baked and cooked foods at local events?

Becky

  _____  

From: "Claire Salva" <claire.salva at gmail.com <mailto:claire.salva at gmail.com> >
To: "Rebecca A. Vermeer" <ravermeer at telus.net <mailto:ravermeer at telus.net> >
Cc: "Baranda Edmund Jason" <ejbaranda at gmail.com <mailto:ejbaranda at gmail.com> >
Sent: Sunday, November 8, 2015 6:40:49 PM
Subject: Re: Eco-Kalan Bingka Oven and Eco-Kalan Stove in Livelihood Programs - UPDATE

Hi Becky, 

Good to hear the Bingka oven is gaining a following as well. 

Re the Utility Model Application, we received a 2nd Formality Examination Report dated 27 July 2015, to which we filed our response on 24 September 2015. The report requested submission of revised specification and claims as well as amendment to formal drawings. 

We are currently awaiting approval of our application and/or any further clarifications that may be requested by the IPO. 

We will update you on significant developments as they arise.

Regards,

Claire 

 On Sat, Nov 7, 2015 at 10:35 PM, Rebecca A. Vermeer <ravermeer at telus.net <mailto:ravermeer at telus.net> > wrote:

Hello Claire and EJ,

Just sharing with you and the rest where the Eco-Kalan Bingka Oven is at and to find out from you where you are at with the Bingka Oven patent application.

Right now, my Eco-Kalan Team are at the San Pedro Beach Eco-Kalan Kitchen and Feeding Center in Sagay, Negros Occidental for a 4-day baking and cooking demonstrations for livelihood and feeding of children in the community.  The Gawad Kalinga community in San Pedro Beach, Punta Roma, wives of soldiers at the 62nd Infantry Battalion in Sagay and a delegation of resettled Lacawon Island residents are invited to the demonstrations. Photos of this event will be available in my Google Photo album by November 15.

An Eco-Kalan Kitchen and Feeding Center for the resettled Lacawon residents will be built in January 2016 in their new community in Barangay Capayawan, Cadiz Viejo, Negros Occidental.  As some of you may recall, Lacawon Island (in Cadiz Viejo) and San Pedro Beach (in Sagay) were devastated by Typhoon Haiyan (Yolanda) in November 2013.  The Eco-Kalan  Kitchen there will also be equipped for livelihood and feeding programs.

A week ago we completed a 10-day cooking and baking demonstrations for livelihood with SUMAPI at the Buglasan Festival in Dumaguete.  The Eco-Kalan Project provided the building materials for the booth, 2- Bingka Ovens, 2-Eco-Kalan-C, cooking and baking equipment and the initial capital to SUMAPI for the bingka.  The Eco-Kalan Project baked the torta (native bread with coconut filling) and muffins at Felipa Beach.  The camote Q, camote turron, banana Q and rice balls were prepared at Felipa Beach but cooked at the Buglasan booth.  On the 1st day of Buglasan, the Eco-Kalan Project baked the bingka using 2.5 kg of rice.  It was not enough!!  From the second day to the last, SUMAPI baked the bingkas  starting at 5 kg of rice and peaking at 30 kg of rice a day.  5kg of rice will make 120 large bingkas and more with smaller ones - very profitable.  SUMAPI is an organization operating under the umbrella of Visayan Forum.  Photo links are shown below.

I am copying this email to Demetrio for his ideas in using social media and to church organizations to determine if they have any interest in partnering with the Eco-Kalan Project in lifting people out of poverty.

Warm regards,

Rebecca  

Oct.16-25, 2015 Buglasan - Eco-Kalan Bingka Oven with SUMAPI in Ventures for Freedom

https://goo.gl/photos/Suq1vhrKmfwLefvh8

Oct. 8, 2015 Eco-Kalan Training SUMAPI - Baking Bingka, Chocolate Banana Muffins & Coconut Milk Banana Muffins

https://goo.gl/photos/fpttMv4s7URcMGsF9

Oct. 6, 2015 Eco-Kalan Training Team - Baking Bingka, Chocolate & Coconut Milk Banana Muffins

https://goo.gl/photos/7bEgs6E8qM7U1FWT7

Oct. 3, 2015 Eco-Kalan Training SUMAPI - Baking Bingka & Banana Oatmeal Muffins

https://goo.gl/photos/XK32N4mezVMeGgZ4A

Nov. 8-9, 2015  Eco-Kalan & Bingka Oven Livelihood Training, San Pedro Beach, Sagay, Negros Occidental

https://goo.gl/photos/VWm3uXX7TTtsnnHk9

Nov. 6-9, 2015 Eco-Kalan & Bingka Oven Livelihood Training, San Pedro Beach, Sagay, Negros Occidental

https://goo.gl/photos/jrrdLF22U2M82cY56

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