project:algae-coil:legal
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Intellectual Property Check

Title: Photobioreactor for mitigation of greenhouse gases
Inventor: Matthew Davey (The Project Owner)
Australian Application Number: 2006100045
Filing Date: January 20, 2006
Reference: http://pericles.ipaustralia.gov.au/
Status: Ceased (now using the Open Innovation License)

Similar Innovations

Title: Photobioreactor and process for biomass production and mitigation of pollutants in flue gases
Inventor: Isaac Berzin
Publication Number: US 2005/0260553 A1
Filing date: May 13, 2003
Reference: http://www.google.com/patents?id=yw6VAAAAEBAJ

Unique Innovation

Yes, due to the storage tank in the center, allowing for a large volume of algae solution to be grown.

Commercial Users

Business Name Units Sold Date Paid to Not Paid to Business' Website

Sponsored Builder's

Builder's Name Sponsor's Name Date Amount Sponsor's Website

Open Innovation License

You must attribute any content you use from this website to the page on this website where the content is stored. You do this by referring to the project name and by listing a URL link to the project. The URL should have the form of: http://openinnovation.wikidot.com/PROJECT_NAME where PROJECT_NAME is the name of the project.
All content on this website is protected under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License plus the Open Innovation License 1.0.

Open Innovation License 1.1

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS OPEN INNOVATION LICENSE (O.I. LICENSE). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. THIS LICENSE IS TO BE CONSIDERED AN ADDITION TO THE CREATIVE COMMONS ATTRIBUTION-NONCOMMERCIAL-SHARE ALIKE 3.0 LICENSE.


1. Definitions

In addition to the Definitions listed in the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License the following shall mean:

  1. "Work" - all the content relating to a specific innovation or invention. It may consist of content contributed by a number of different individuals or entities. A "Work" will be considered equivalent to a patent, in that it describes a device, substance, method or process which is new, inventive and useful. A "Work" will usually be referred to as a "Project".
  2. "Project" - a "Work".
  3. "Original Author" - the individual, individuals, entity or entities who originally created a "Project", also known as the "Project Creator" or the "Inventor" or the "Licensor" and a "Major Contributor". The "Original Author" may nominate other contributors as "Major Contributor's" to a "Project".
  4. "Produce / Reproduce" - to copy, or to physically build/construct a device, substance, method or process based on the content of the "Work". This should be thought of the equivalent of constructing a physical device, substance, method or process when it is based on a patent.
  5. "Major Contributor" - an individual, individuals, entity or entities that has/have been nominated by the "Original Author" as having made a major contribution to the "Work". A "Major Contributor" shall have equal rights with other "Major Contributor's" of a "Work", in particular rights to royalties for "Commercial Use" of a "Work".
  6. "Commercial Use" - To receive a fee or consideration for a "Work" or a derivative of a "Work". This will include receiving a fee to "Produce/Reproduce" a "Work".
  7. "Unit" - one item of a "Work" that has been "Produced/Reproduced".
  8. "Business" - a Company, Organisation, Business or Individual who produces and/or sells goods and/or services.
  9. "Unique Innovation" - a "Work" that at the time of the "Project" creation date is distinct from any other "Work". This will include any patent registered worldwide or any information released publicly.
  10. "Project Builder" - an individual, individuals, entity or entities who builds or constructs a physical device, substance, method or process based on the content of a "Project" with the aim of contributing to the "Project".

2. License Grant

Non Commercial Use:

As detailed in the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, you are free to:

  1. Share — to copy, distribute and transmit the work. If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
  2. Remix — to adapt the work. For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
  3. You must attribute any content you use from this website to the page on this website where the content is stored. You do this by referring to the project name and by listing a URL link to the project. The URL should have the form of: http://openinnovation.wikidot.com/PROJECT_NAME where PROJECT_NAME is the name of the project.

Commercial Use:

There are exceptions for Commercial Use to the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, they are:

  1. The Original Author of a Project has the right to nominate other contributor's as Major Contributor's who will have equal rights to the Project as the Original Author. This will include equal rights to royalties for Commercial Use. Once a contributor is given the right as a Major Contributor, the Original Author of a Project is not to revoke it.
  2. A Business must contact and negotiate with the Original Author to agree to a royalty to be distributed equally amongst the Original Author and the Major Contributor's of a Project, each with an equal share. This is to occur whenever an item is produced/reproduced from a Unique Innovation Project and then sold for a fee.
  3. When a royalty is paid to the Original Author and the Major Contributor's of a Project, a Business must list the following under the "Commercial Users" section on the "Legal" Page of the Project: "Business Name", "Units Sold", "Date", "Paid to", "Not Paid to" and optionally, a link to the Business' Website may also be added.
  4. If a Major Contributor can not be contacted for a royalty payment, the Major Contributor must be listed in the "Not Paid to" column on the "Legal" Page of the Project. The Business must send at least three email's to the Major Contributor. A Major Contributor will have up to one calendar year to claim the royalty. Once the royalty is paid, the entries for the "Paid to" and "Not Paid to" on the "Legal" Page of the Project should be updated.
  5. A Business must pay the agreed royalty for ten years from the creation date of the Innovation Project.
  6. If it is discovered that a Project was not a Unique Innovation at the time that the Project was created, then the Commercial Use clauses will not be applicable from that point on. The discovery must be listed on the "Legal" Page of the Project with the date of the discovery and a URL, or a reference, to the Work that pre-dates the Project. NOTE: No refund will be made to any business that has already paid a royalty.
  7. A Business may sponsor a Project Builder if a Project is not at a stage where it can be used commercially by the Business. The sponsorship amount may be used as a discount to the royalty fee payable for Commercial Use in the first year the Innovation Project is used by a Business. The Project Builder does not have to be listed as a Major Contributor. The Business must list the following under the "Sponsored Builder's" section on the "Legal" Page of the Project: "Builder's Name", "Sponsor's Name", "Date", "Amount" and optionally, a link to the Sponsor's Website may also be added.

3. Disclamer:

  1. An individual, individuals, entity or entities will be responsible for the content that is posted by the individual, individuals, entity or entities on the Open Innovation website.
  2. The Open Innovation License may be changed at any time. A notice will be sent to the WIKIDOT account of all Projects Contributors and Business', detailing the changes and the date it will be effective from.