Priscilla Bornmann, legal counsel for the IBLCE asked me to forward this message to Lactnet in reply to the concerns about the new Tenet to the Code of Ethics, #25.
Ann Calandro, RNC, IBCLC
Dear JoAnne, Wendy, Ann and Barbara:
I was glad to see all the conversation on Lactnet about Tenet 25, since it will have highlighted the issues surrounding that Tenet for a number of LC's. Now, all we have to do is to attempt to dispel some of the myths which may be circulating. As JoAnne's letter so deftly pointed out, the Tenet is aimed at preventing infringement. So what is "infringement"?
With regard to a trademark: infringement is the unauthorized use of a mark (which may be words or designs) already used by another, or the use of a mark which is "confusingly similar" to a mark used by another.
With regard to a copyright: infringement is the unauthorized use ( "use" can be publication, derivation, distribution, performance, display, etc.), of a copyrighted work (a "work" can be a writing, photograph, sculpture, painting, phonograph, tape, DC, movies, etc.).
With regard to a patent: infringement is the unauthorized making, using or selling for practical use, or for profit, of an invention covered by a valid claim of a patent during the life of a patent. It may involve any one or all of the acts of making, using or selling.
As written, Tenet 25 does not attempt to compel an IBCLC to waive or otherwise restrain any IBCLC's potential right(s) to contest the granting of a patent or to dispute the process by which a patent is granted. I'm aware the Ethics & Discipline Committee may wish to visit this issue since it is so hot. But it seems to me that Tenet 25 does nothing more than demand that an LC abide by the existing laws regulating intellectual property.
Priscilla G. Bornmann
McKinley & Bornmann, PLC
100 North Pitt St., Suite 201
Alexandria, VA 22314
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