Expert: Rene Hasekamp - 6/4/2009

Question
Hello. I am a citizen of Spain. I am intending to start an
online platform to teach languages. My methodology is
unconventional and quite unique. Its efficacy has already
been proven, and therefore I am afraid it will be copied by
someone as soon as it is made public. I know that a
methodology as such cannot be patented or copyrighted (am I
right?), but what if I published a handbook explaining how
it works? Would that serve as prove that it is mine? What if
I register my publication and never take it to the print
shop? Is publishing a way around protecting an idea?
thank you.

Angel

Answer
Hello,

In fact I do not really see a solution:
- As you state rightly a methodology cannot be patented. As far as I know this is true for the whole world.
- If you write a book, the contents of that book is (automatically) copyrighted by you. That would be something, but it is no PROOF that the method is yours. Somebody else could always prove his "better right".
- In my opinion a registration of your method could be useful, but it would not be a legal proof.
On the other hand if somebody else would start using your method after you have published it, his legal position would be weak, but I wonder if you could forbid him, because you have no intellectual property right.

Maybe you could register a name (trademark) for your method. If that trademark would become well-known, it would strengthen your position somewhat. Think about trademarks like "Linguaphone". People will want "the real thing" and no substitute.

Sorry, this about all I can say about this subject. This is not really my expertise.

Rene Hasekamp.