Chapter 29: There Is No Such Patent Here
Solicitor's Office of Edward Tonks
Ronald Bilius Weasley
July 15, 1989, Saturday
"I want to know if this would be considered using magic on Muggle objects," Ron said.
"Using magic on Muggle objects? Oh… I understand what you mean. That would certainly be troublesome for your father, but there's no need to worry. This ban only applies to items made by Muggles. I assume these items aren't, am I right?" said Mr. Tonks.
"Yes. All of these products were made from scratch by me. But still, could someone make such an accusation by citing Muggle games as inspiration?" Ron asked.
"If the item you produced looked identical and very similar to a Muggle item, then such a claim could be made. After all, the purpose of this law is to protect the International Statute of Wizarding Secrecy. But your products are definitely quite different from the originals. Even the boxes are different. This makes it impossible to confuse them with Muggle-made items," Mr. Tonks said.
"So, we're sure no one can legally attack me from this point?" Ron asked to be sure.
"Actually, you don't need to worry about that. Because these are crafting items and contain enhancement spells, you need to obtain Product Ownership Licenses from the Ministry of Magic or the I.C.W.
And once these licenses are approved, it will be accepted that your products do not violate such a law," Mr. Tonks explained.
"Oh. I think that solves the problem at its root. Then another issue. Since products from the Muggle world inspire these products, can I face a patent or copyright issue from the Muggle world?" Ron asked.
"That's impossible. The Muggle world and the wizarding world are not connected in this regard. A patent or copyright infringement lawsuit cannot be filed against a magical item based on a Muggle item, and vice versa. If there is no application for the same or a similar product in the wizarding world, you are considered the original owner," Mr. Tonks said, smiling.
'This means I can copy any product I want from the Muggle world. Similarly, things related to the magical product I create can be used freely in the Muggle world. Perhaps it would be a good idea to apply for a patent for some products in the Muggle world for such situations. After all, some Muggle-borns or the families of Muggle-born students with connections to this world might use these ideas.' Ron thought.
Then Ron asked, "Then how is the situation in the wizarding world? How do I protect my interests and get the patents, names, and copyrights for these products?"
"Actually, if you look at it on a product basis, it's easier than in the Muggle world. With the Product Ownership License application I just mentioned, you detail the names, features, and unique aspects of your product, and with the license, you gain ownership of all of them. And depending on where you apply, this ownership is valid globally or in a specific region," Mr. Tonks said.
"Product Ownership License, huh? What if I want to get a license for a technology? How can I do that?" Ron asked.
"Technology? Do your products contain Muggle technologies? Can you give an example of what you mean?" Mr. Tonks said.
At that moment, Ron realized he had expressed himself incorrectly. As a Muggle-born, Mr. Tonks knew what technology was, but in the wizarding world, technology wasn't a concept that existed.
"I mean things like crafting methods. For example, all these products contain a crafting method that makes Little Merlin possible. Independent of the product, couldn't I get a patent for this method? I don't want anyone else to create another mascot using a similar method," Ron said.
"Hmm. I understand what you mean, but in the wizarding world, it's not possible to get a patent like that. If you have a unique method and want to make money from it, you have to keep it well-protected," Mr. Tonks said.
"Huh? Is that all? If my method leaks, can anyone use it?" Ron asked, surprised.
"Almost exactly as you described. In the wizarding world, it's not possible to obtain patents and copyrights, or claim royalties, for such crafting methods or ideas. What you just described falls under discovery, and those who make discoveries either keep them secret or try to gain prestige by publishing them publicly in magazines," Mr. Tonks said.
"I see. Does your office prepare application forms for these Product Ownership Licenses for clients?"
"It's best if these types of forms are filled out by creators who have detailed knowledge of the product. We can provide you with the forms, with sample forms prepared by our office. But you must fill them yourself," Mr. Tonks said.
"Understood. Then I'd like you to provide me with 10 Product Ownership License application forms for I.C.W., along with sample forms. It wouldn't hurt to have extra forms on hand," Ron said.
"Sure, Reginald," said Mr. Tonks.
"I'll take care of it, Mr. Tonks. In the meantime, I'll also prepare the Shop Name application forms you requested," Clerk Foster said.
"Do you have any other questions about the products, Mr. Ronald Weasley?" said Mr. Tonks.
"Actually, a couple more things. First, about Check & Checkers. These are old games. Has anyone previously obtained a product ownership license for these games?" Ron asked.
"Ah. Good question. The answer is no. No one has acquired ownership licenses for these games. And no one can. Because these are historical and ownerless games, they are considered globally available for everyone to use," Mr. Tonks said.
"Hmm. Next. As you can see in the Landlord game, the game board contains the names of many places, institutions, and shops in Magical Britain. Would it be a problem if I used these names? And would the name Little Merlin that I chose for the mascot cause any problems?" Ron asked.
"Legally, there's absolutely no problem with the name Little Merlin. But the shop names, or the names of institutions affiliated with the Ministry, are normally the property of their owners. These names cannot be displayed on others' shop doors. But I'm not sure about using these names in another product. Please give me a minute," said Mr. Tonks.
Then reached behind him, picked up a book from his bookshelf, quickly flipped through the pages, and stopped to read when he found the page he was looking for.
This was the first time Ron had seen Mr. Tonks consult a source.
After a while, Mr. Tonks closed his book and turned and said, "Unfortunately, you cannot use the names of places that have already been applied for and acquired Shop Names without permission. International law states that this is subject to permission. On the other hand, you can use the names of places affiliated with or operating under the Ministry of Magic." Mr. Tonks said.
"So, the Ministry of Magic, St. Mungo's, King's Cross Station and Platform 9¾, Hogwarts, Azkaban, and Gringotts? Can I use them?" Ron asked.
"You can use all of them except Gringotts. Although Gringotts is subject to the Ministry's special permission, it has already acquired a Shop Name." Mr. Tonks said.
"The goblins really don't leave any gaps. What about place names? Can I use the names of places like Diagon Alley, Carkitt Market, Hogsmeade, Godric's Hollow?" Ron asked.
"You're welcome to use those. But please be careful if you're using the name of a building belonging to the Magical House. Especially the names of House Manors. Buildings like that are usually listed by name, and using them might cause problems," Mr. Tonks said.
"I understand. Thank you, Mr. Tonks," said Ron.
"You're welcome. But I'm sorry I couldn't help you as much as I'd like. If you want to use the names of many shops, you'll need to request permission from them. And you'll have to pay for that," Mr. Tonks said.
"Pay? I don't think so. Believe me, Mr. Tonks, when the time comes, those shops will be lining up to add their names to my game," Ron said with a mischievous smile.
Mr. Tonks paused for a moment, then, understanding what Ron meant, smiled and replied, "I can't wait to see that day."
"Oh, I almost forgot. Mr. Tonks, is it possible for me to buy the brand or trademark name rights?" Ron asked.
"Unfortunately, there are no special rights for trademarks or brands in the wizarding world. That's why almost everyone uses their shop name as their brand. But my advice is to include your brand or trademark and its logo in your application for a product ownership license, and also to place this logo on the product. This way, if your license is approved, the logo and trademark name will remain exclusively yours." Mr. Tonks said.
"I understand. Good advice, Mr. Tonks. By the way, do I need to send samples of the products when applying for a product ownership license?" Ron asked.
"Yes. The details are in the description section of the application forms. I.C.W. requests three samples for the category your products are in." Mr. Tonks.
"Three? These won't fall into the wrong hands, will they?" Ron asked.
"In this regard, I.C.W. is one of the most reliable institutions. While they use one sample for testing, they keep the other two locked away in separate vaults. If a copyright issue arises in the future regarding your product, these two samples are used as evidence," Mr. Tonks said.
"Oh. Then there's no problem. I can send three samples of each product," Ron said.
At that moment, Clerk Foster approached the table and placed a stack of papers in front of Mr. Tonks, saying, "These are the Shop Name Application Forms and Product Ownership License Request Forms you wanted, Mr. Tonks. Sample forms are included."
"Thank you, Reginald," said Mr. Tonks, taking the forms and quickly reviewing them. After confirming everything was complete, he nodded and placed them back on his desk.
Then, turning to Ron, he said, "Do you have any other questions, Mr. Ronald Weasley?"
"Hmm. I don't think I have any other questions at the moment, Mr. Tonks," said Ron. For now, he had received answers to all his questions.
"Then, regarding this matter for which you came to seek legal advice, I've noticed a legal vulnerability. Would you like me to discuss them with you?" Mr. Tonks asked.
At this, Ron's expression suddenly turned serious. Legal vulnerabilities were exactly what he wanted to avoid, so he said without hesitation, "Please continue, Mr. Tonks."
"The biggest problem that will likely cause you legal trouble is being a minor wizard under the age of 17," Mr. Tonks said.
"Hmm? But haven't we already prepared a document for my parents to sign?" Ron asked.
"That document gives you the authority to sign contracts and make decisions on business and related matters. The issue I want to address is another prohibition. To be clear, I'm talking about the ban on those under 17 practicing magic outside of Hogwarts and the Trace Charm," Mr. Tonks said.
"Oh. Is that a problem? I haven't had any problems with the spells I've cast so far," Ron said.
"That's probably because you're casting those spells at home or in an area with many wizards, like Diagon Alley. The Trace detects all spells cast around underage wizards and witches. That's why the Ministry can't track them in crowded wizarding areas." Mr. Tonks explained.
"Doesn't that mean we have nothing to fear? If the Ministry doesn't have proof, they can't accuse me," Ron said.
"Maybe they can't prove it with the Trace, but the law is still there. And when you put your products up for sale, many things will be different from what they are now. Someone could complain about you and present your products as evidence. In that case, you'll have to explain whether or not you used magic while making these products," Mr. Tonks said.
"Well... then that seems like it's going to be a problem. But since you waited this long instead of saying this upfront, it means you have a solution. What's your idea, Mr. Tonks?" Ron asked.
"You're sharp-witted. Actually, my method is simple. I want you to apply for a Crafter License from I.C.W."
End of Chapter 29.
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Next Chapters' Name:
Ch.30: Novice Crafter License
Ch.31: The Most Profitable Business for Merchants
Ch.32: Visiting Bones Manor