Creative Barcode: will it do the trick?

To this Kat, the words "creative" and "barcode" do not normally share much conceptual space.  While barcodes were undeniably created, in the sense that they do not exist in nature (not even in the old joke: Q: "What's a zebra?" A: "A horse with a barcode") and have not evolved organically, they are synonymous with a means of conveying a message that more readily be appreciated by a machine than by the human eye.  That's why the Creative Barcode tag caught this Kat's imagination.

Creative Barcode is described as a digitally-encoded online IP protection system recently launched by a UK start-up company, which claims to safeguard knowledge-based creative concepts and propositions at the pre-commercialisation presentation stage by embedding application-driven digital codes into written and visual concepts, proposals and creative works in order to denote ownership and permission-based usage.  If you want to get an idea how it works, the company's website offers some Case Studies for your edification.

According to the promotional material,

"The innovative new software application can be downloaded by professional originators, creative individuals and innovative companies who wish to present their confidential new concepts, products and proposals to third parties. The device bestows ‘proof of ownership’ protection at the pre-commercialisation stage when making pitches, sharing ideas and know-how, entering into creative partnerships or submitting proposals and tenders ['Proof of ownership' looks a big claim and may be an overstatement where the software user is not actually the original owner of the barcoded concept.  'Evidence of ownership' might be better, and even that is a matter for the courts to determine].

Each barcode embeds a unique number to each new project, enabling originators to digitally tag, encode and date their work, denote its origins and ownership, and record and track its use by visiting http://www.creativebarcode.com/, registering online and downloading the software application. It also offers prospective buyers the route to collaboration, purchase or licensing of concepts".

There's more that attracts the lawyer's eye:

"A Creative Barcode™ forms an agreement between all parties that the tagged propositions, proposals and creative works may not be commercialised by those commissioning, soliciting, viewing or negotiating the use of them without the originator’s permission [Again, what constitutes a binding agreement, upon whom it is binding and with what consequences will ultimately be for the court to decide]. In this way, Creative Barcode™ benefits both originators and procurers by encouraging trust-based opportunities for collaboration, open innovation and the trading of concepts between originators and route-to-market partners".

While welcoming this initiative and wishing it every success, the IPKat awaits reassurance that, when tested in court, it does indeed deliver on its promises in a manner which the courts accept to be binding.  He also foresees problems where pre-existing relationships between the parties as well as subsequent dealings operate so as to vary or negate the operation of this package.  Merpel wonders whether it will have any impact on current practices involving non-disclosure agreements and the general reluctance of prospective licensees/developers to receive unsolicited innovations.

How barcodes work here