kicad-developers team mailing list archive

[Mark Roszko <mark.roszko@xxxxxxxxx>]

> "No national law applies" could be either difficult or beneficial for
KiCad in the case of an infringement.

That doesn't prevent CERN's right as an entity to assert trademark claims
in any country where they registered as an entity and claimed trademarks
via applications.

The same way me as an American can go register trademarks in Europe. They
can do the same. The statement on wiki is more related to other legal
jurisdiction issues.


CERN already holds a few trademarks and they have a legal team as they are
quite large....so best to assume they know what they are doing. (Not that
one can't ask other lawyers)



On Wed, Apr 11, 2018 at 4:54 PM, Clemens Koller <cko@xxxxxxxxx> wrote:

> Hi!
>
> On 2018-04-11 16:06, jp charras wrote:
> > I am fine to register Kicad under CERN.
> > (I am not especially interested in having it under my name.)
>
> I am wondering if there might be legal difficulties in the case of
> trademark enforcement procedures, because of some "special" legal state of
> CERN owning the trademark.
>
> The german Wikipedia page says:
> Das CERN befindet sich auf schweizerischem und französischem Staatsgebiet;
> daher gilt kein nationales Recht.
> "No national law applies" could be either difficult or beneficial for
> KiCad in the case of an infringement.
>
> A different idea might be to found i.e. a (non-profit) Limited
> ((gemeinnützige) GmbH) and have the Limited holding all the rights.
> Several people (developers) can then be a "Gesellschafter" (shareholder or
> partner) of the GmbH.
>
> Maybe it's good to ask a lawyer with focus on international intelectual
> property law for a hint.
>
> Regards,
>
> Clemens
>
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-- 
Mark