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Published: Tue, 24 Apr 2018 21:00:16 -0500


IP Portfolio Management - Maximizing Returns With Patent Pruning

Fri, 19 Jan 2018 07:58:25 -0600

In a company's IP portfolio, majority of the assets don't match with business plan, and cost the owner thousands of dollars in the form of maintenance fee, attorney fee, etc. Patent pruning helps maximize returns by monetizing the most promising assets, and cutting IP maintenance costs by abandoning the non-performing assets.

Corporate Governance

Fri, 12 Jan 2018 13:54:11 -0600

Institute of Company Secretaries of India - "Corporate Governance is the application of Best Management Practices, Compliance of Laws in true letter and spirit and adherence to ethical standards for effective management and distribution of wealth and discharge of social responsibility for sustainable development of all stakeholders." Standard and Poor - "Corporate Governance is the way a company is organized and managed to ensure that all financial stakeholders receive a fair share of the company's earnings and assets."

Reverse Payment Settlement Agreements Create Antitrust Problems

Mon, 08 Jan 2018 09:05:18 -0600

Unlawful reverse payment settlement agreement came about when the company manufacturing Lipitor paid off the generic manufacturer who lacks a valid claim for damages. When a patent holder and generic manufacturer make a deal to prevent competition, that violates antitrust law.

Basics of Intellectual Property Indemnification

Mon, 03 Jul 2017 14:53:50 -0500

Indemnity clauses (sometimes referred to as hold harmless clauses, indemnification agreements, or indemnity agreements) are common in agreements where one party wishes to shift certain risks to another party. In intellectual property indemnification clauses, the risk is commonly associated with patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, software issues, or some other intellectual property (IP) related risk.

Market Research - Why It Should Be Considered Before/During Prior Art Search

Fri, 21 Apr 2017 10:11:26 -0500

Prior art search provides information about the technologies known to the world before the day it is conducted. But, this is not enough for obtaining the patents of inventions with great claims, thus, you need to do more than reading technology magazines, newspapers, etc. So, don't forget to consider market research, predictions of the technologies that can bring innovations in the future, explore the available options for the use of inventions in the real world, track the activities of the competitors, etc.

Enforcing IPR: An Imperative Need For Making India A Success

Tue, 14 Mar 2017 13:33:44 -0500

In today's competitive and dynamic environment, Intellectual property rights (IPR) has been identified the key ingredient for most startups by giving them business or competitive advantage in the market place. A robust patent portfolio can help to attract investors and may also help deter would-be competitors, or force those competitors to adopt different technologies. Furthermore, patents can also contribute finances by generate revenue from licensing.

Why Are Research Papers Locked Up And Unavailable To The Public?

Wed, 14 Dec 2016 06:56:38 -0600

Currently in the US any research done from public grant monies must be available to the public. That means data, and also any papers written by the principle investigators. This is a good rule, and a good law. There are some exceptions but they are very rare. No longer can the academic institution or principle investigators sell their research papers through those third party scholarly article companies. Still, often colleges and university research centers which are funded by an endowment or foundation can hold those research findings and papers for a fee or perhaps just hide them altogether as intellectual property.

How to Have Intellectual Property Rights For Startups

Wed, 02 Nov 2016 07:18:21 -0500

Legal and business literature like books, journals, blogs and reports, are replete with detailed writings on IP, IPR and the laws related to that, by experts in that domain. To attempt to write on this vast topic, with its finer nuances, on this forum, meant for entrepreneurs and entrepreneurs in-the-making, would be unthinkable. Primarily then, I can but, only, provide, a glimpse of that world, which could be relevant to them.

Intellectual Property - Who Needs It and Why?

Tue, 01 Nov 2016 13:16:12 -0500

In today's economy and industrial and commercial competition almost all businesses in almost all industries feel great hunger for innovation and ownership of IP - Intellectual Property. Running any business is like playing chess - one must use all his smarts to position his own figures on a limited board space in a way, that each of them will be protected from attack by opponent's figures. At the same time player must attempt to create stress, attack and knock off as many opponent's figures as possible.

Why You Should Start Protecting Your Intellectual Property Even As a New Business Owner

Fri, 29 Jul 2016 10:58:02 -0500

New start-ups and business owners are often caught up in the day-to-day running of the business. From the perspective of new business owners - especially owners of businesses in te areas of training, speaking and coaching - landing the next deal, creating new programmes, and paying the bills seem to always take center stage. If you are a new business owner, or if you are new in the public speaking, training and coaching industry, this article is specially written for you.

2 Major Protections of Intellectual Property Every Speaker, Trainer and Coach Should Know

Fri, 29 Jul 2016 06:48:47 -0500

Many public speakers, corporate trainers, and coaches tend to start out in a humble fashion, usually as a one-man show or sole proprietor in their training and coaching business. The early days of their career are spent finding the next deal, creating new content, and marketing themselves and their materials. Seldom do they devote time and attention toward protecting their intellectual property, which paradoxically, forms the most essential element that builds a training business.

Legal Conferences You Should Not Miss

Fri, 08 Jul 2016 15:07:29 -0500

The litigation cases are rising significantly and many businesses are experiences in legal costs. Civil Litigation cases and greater regular scrutiny are leading to significant litigation costs for the companies.

How Do Companies Monitor Their Trademarks for Their Brands?

Mon, 08 Feb 2016 14:44:26 -0600

trademark monitoring is a continuous and on-going process that ought to be done throughout the year round the clock to avoid being your brand misused. In case companies don't have an operation team to execute all these steps they can take assistance of various trademark monitoring service providers.

Three Ways a Business Attorney Can Help Your Startup Succeed

Tue, 08 Dec 2015 14:12:53 -0600

In the competitive landscape of starting a successful business venture, it is imperative to protect your company and its product. Here are three ways a business attorney can help your startup get off the ground, succeed in the long-term, and have protection from potential litigation.

Cyprus: An Attractive Intellectual Property Destination With Considerable Tax Incentives

Wed, 25 Nov 2015 10:33:23 -0600

Cyprus is an attractive Intellectual Property destination. Cyprus provides considerable incentives for businesses investing in Intellectual Property.

Is Surveillance of Intellectual Property Necessary?

Wed, 11 Nov 2015 06:44:10 -0600

Your intellectual property is valuable and it should be protected from infringers. This article can explain the importance of monitoring your work.

Should Intellectual Property Protection Be a Natural Right?

Mon, 09 Nov 2015 08:47:34 -0600

Everyone has his own right to property. This article talks about protecting your intellectual property and natural rights.

Understanding Intellectual Property and Its Significance

Mon, 02 Nov 2015 15:14:37 -0600

The gist of the article is about the protection of Intellectual Property of a country. The protection of Intellectual Property is of utmost significance and there are certain laws which are stringently followed in every country to implement the same.

Should You Patent A Proprietary Recipe or Chemical You Use in a Service Business Process?

Sun, 06 Sep 2015 15:06:58 -0500

After developing a news business model to paint lawns with vegetable oil for the drought, and also introducing nutrients to the blend, I considered patenting the formula, but then talked myself out of it. Why? Costs for one, but also time to market, patents take time, and the drought out here in California could be mostly over after a couple of El Nino years with lots of rain. Still, there is another solid reason to reconsider writing it down.

Counseling Clients About the Perils and Pitfalls of Do-It-Yourself IP - Patents

Wed, 26 Aug 2015 14:19:04 -0500

Economic considerations and the proliferation of information available on the Internet lead some clients down the pathway of do-it-yourself IP, whether going at it alone or seeking assistance from invention submission companies or other online legal solutions. This article addresses how to counsel clients about the perils and pitfalls of do-it-yourself IP, particularly focusing on patents, and provides tips for getting clients on the right path before/after they attempt to do it themselves.

Things to Be Followed While You Sue Your Debt Collection Agency for FDCPA Violation

Fri, 17 Jul 2015 06:55:29 -0500

If you want to sue the abusive debt collection agency for violating the terms of Fair Debt Collections Practices Act, it is vital that you should follow a few essential things as much as you can. In this matter, you can also take the help of an experienced FDCPA lawyer.

The Fast and Essential Tips For Defending Yourself in a Credit Card Debt Case

Wed, 17 Jun 2015 07:38:44 -0500

If you wish to defend yourself and win credit card debt defense case, it is vital that you should follow a few essential tips. You should also take the help of a proficient debt defense lawyer in this matter. You should immediately ask for a reply from the relevant authority, defend yourself in court and so on.

Things to Be Considered for Avoiding Odometer Fraud

Fri, 12 Jun 2015 10:34:32 -0500

If you wish to handle an odometer fraud case in the best possible way it is vital that you should follow a few essential tips. In this matter you can also take the help of a proficient auto fraud lawyer without any sort of delay.

Trademark Terminology - What Are Intellectual Property Rights?

Thu, 16 Apr 2015 08:30:30 -0500

Intellectual property rights refer to rights given to people over creations of their minds. These rights are for a certain period and in a globalized economic scenario, it has become imperative for a country to protect the rights of creators and inventors.

Brain Drain: 3 Keys to Keeping Your Most Important Intellectual Property

Mon, 19 Jan 2015 15:48:37 -0600

I met a gentleman many years ago at a networking group and he invited me to meet one-on-one at his office. As we talked, he began to unveil things about his personal life.

Sometimes I Don't Understand The Legal System

Wed, 15 Oct 2014 07:15:40 -0500

A well known performing artist, who can't be named for legal reasons, is trying to publish a book that details horrendous sexual abuse that he experienced as a schoolboy. He wrote the book to help him come to terms with what happened and also to encourage other people who might have similar experiences to come forward. But his ex wife has successfully applied for a temporary injunction to stop him on the grounds that their son might read what he has written.

Basics of Typosquatting and URL Hijacking

Mon, 13 Oct 2014 11:16:30 -0500

Typosquatting (also referred to as URL hijacking or using a fake URL) is a form of cybersquatting in which an individual sets up a website that incorporates one of several typographical errors typically made when Internet users type a website address. Typosquatters most often take advantage of four common typographical mistakes.

Protect Your Intellectual Property

Wed, 01 Oct 2014 14:51:00 -0500

Engaging in a business alliance or joint venture usually involves the sharing of intellectual property by one or all of the parties. How can you protect yourself from unscrupulous operators who might decide to appropriate your valuable trade secrets? Surprisingly, you can almost completely protect your intellectual property by taking just a few simple steps that cost no money at all to enact.

Patent Tips for Inventors

Fri, 12 Sep 2014 13:17:36 -0500

Inventing something can be very exciting, but you can also jeopardize your application for patent protection by disclosing your ideas without a confidentiality agreement. Moreover, a business or another person can easily take your idea, leaving you with no recourse in the matter.

The Basics of Patenting an Invention

Fri, 22 Aug 2014 14:35:19 -0500

Maximizing the chances of receiving a patent for an invention often requires an inventor to understand the obstacles that may arise during the patenting process. Unfortunately, once formal examination begins at the patent office, the inventor has few options to add technical information to a patent application. In some instances, this technical information may prove useful to convince the patent office to issue a patent. Therefore, the patent application should be prepared at the onset with the necessary details to support the inventor's case that the described invention merits patent protection.

How to Avoid Trademark Genericide

Thu, 17 Jul 2014 07:54:29 -0500

There are some brands those are at the risk of becoming generic terms like Google and Band-Aid. Google and Johnson & Johnson's are taking steps to protect their respective trademarks. Today in this post we will be discussing some methods those can be implemented by you if your brand is at the risk of becoming a generic term.

How Social Security and Medicare "Means Testing" Affects Mergers and Acquisitions

Thu, 12 Jun 2014 08:16:43 -0500

Food for thought; instead of putting higher taxes on those who succeed, why not eliminate their taxes all together and, instead, give them a bonus for creating jobs and wealth in America?? Just a thought.

Do You Measure Up? Proving That Legal Departments Are More Than a Cost Center

Thu, 05 Jun 2014 09:39:04 -0500

General Counsel (GC) across most industries remain under pressure to operate efficiently, cut costs and maximize existing resources. In order to properly measure just how successful a legal department is operating today under these mandates, it is vital that in-house legal teams have a system of metrics and measurements in place. By measuring efficiencies, GCs can demonstrate their value to the organization and can provide proof points that help their legal department gain the trust and respect of company executives.

The Accounting Remedy - II

Fri, 30 May 2014 14:27:39 -0500

As discussed in our last Blog post, the right to an accounting exists under common law and, in some instances, according to statute The accounting remedy is codified in New York Partnership Law ? 44 and New York Business Corporation Law ? 720. Section 44 of the Partnership Law provides that...

Please Don't Feed the Trolls: The US Innovation Act Aims to Curb Patent Troll Litigation

Wed, 21 May 2014 16:19:09 -0500

The current version of the Patent Transparency and Improvements Act does not address pleading standards in patent litigation. However, the Innovation Act does by "requiring plaintiffs to identify each product that allegedly infringes each asserted patent claim and to describe with detailed specificity how each limitation of each claim is met by the product."

What Are the Necessary Attributes That One Should Look for in a Patent Lawyer?

Tue, 13 May 2014 09:17:03 -0500

The foundation of a good patent lawyer is based on strong communication and writing skills as well as a deep knowledge of litigation practices. Choosing the right attorney to handle the proceedings is very important.

What Is Charitable Trust? The Benefits You Can Reap From Them

Tue, 13 May 2014 09:13:00 -0500

Charitable trust is pertinent for those who are willing to give their property or asset to a charity and in return the charity guarantees that the heirs of the property owner would receive a large tax break. The work starts first on ensuring the trust within the charity by means of the charitable remainder trust. Before donating to the charity make sure that it's recognized by the revenue system and has significant tax-exempt status. The assets or property which you want to give to the charity gets entrusted in a trust.

Procedure For Trademark Registration

Wed, 30 Apr 2014 06:57:51 -0500

Trademark is the right given to person to protect his trade name so as to distinguish his goods and services from the others. It is a right through which a person can stop others from taking advantage of his trade reputation and from misleading consumers. But this right is not a default right and has to be acquired through registering one's trademark.

Increased Regulatory Scrutiny Contributes to Legal Outsourcing Boom

Tue, 29 Apr 2014 10:09:31 -0500

Following the global financial crisis, businesses are facing increased regulatory compliance pressures. To tighten regulatory oversight in the UK, the UK government restructured financial regulation and divided the Financial Services Authority (FSA) into two regulatory bodies -- the Financial Conduct Authority and the Prudential Regulatory Authority.

Why a Patent Landscape Analysis Is Essential

Wed, 23 Apr 2014 08:48:07 -0500

What is a patent? A patent is an exclusive right to exploit (make, use, sell, or import) an invention over a limited period of time (20 years from filing) within the country where the application is made. Patents are granted for inventions which are novel, inventive (non-obvious) and have an industrial application (useful).

The Link Between Patent Law And Billy Goats

Thu, 10 Apr 2014 09:30:09 -0500

Patents on business methods often protect no genuine innovation. Is the Supreme Court ready to draw the line?

National Legislation on Copyright Protection of Computer Programs

Fri, 14 Mar 2014 07:08:34 -0500

A number of important issues that should be addressed in modern copyright laws are analyzed below in the light of the prevailing international trends. It is a clear trend today that national laws expressly include computer programs as protected works of a kind and thus there is no doubt that copyright protection applies to such programs, provided that they are original. Not all national laws define programs and some of the definitions differ in their wording, but a fairly generally applicable definition would be "a 'computer program' is a set of instructions expressed in words, codes, schemes or in any other form. This definition reflects all the essential elements of the notion of computer programs.

Computer and Intellectual Property

Thu, 13 Mar 2014 13:04:33 -0500

It is vital for national legislation to make sure enough protection of computer programs. Even in cases where local translations or adaptations are not essential, such protection improves access to the most advanced as well as the best suited software, since producers plus distributors are only unwillingly releasing their precious products in countries where rampant piracy can be expected.

Intellectual Property Law: What It Is

Mon, 03 Mar 2014 14:53:53 -0600

Many people have heard, read, spoken, written, or signed documents with the phrase "intellectual property". But do they always know what intellectual property, or IP, entails? When beginning with a new employer, there is often a confidentiality clause or document that includes an IP reference, usually to the effect that any creations of the mind resulting from employment or at employment are the property of the employer. Most sign these documents and aren't always sure what they are agreeing to.

Intellectual Property for Beginners

Thu, 27 Feb 2014 13:44:47 -0600

Switching so many hats at home and work to get it all done puts Catholic biz moms at risk of overlooking important, non-urgent tasks, like attending to their Intellectual Property. Here's a basic guide to IP for beginner mompreneurs.

Moral Rights Of The Author

Mon, 10 Feb 2014 07:00:14 -0600

Copyright is a bundle of alienable rights with an exception of moral rights. Moral rights are an Author's Special Rights and they always remains with the author.

The Hague Agreement Concerning the International Deposit of Industrial Designs

Thu, 06 Feb 2014 09:19:40 -0600

On November 6, 1925 the Hague Agreement Concerning the International Deposit of Industrial Designs was adopted within the framework of the Paris Convention. The Agreement entered into force on June 1, 1928 as well as has been revised and supplemented numerous times. Two Acts of the Hague Agreement are presently in force. These two Acts are independent and completely independent of each other. Each of them in itself constitutes a worldwide treaty. The universal remarks in paragraphs 5.338 and 5.339 apply to both of these Acts. Since around 95% of international deposits are effected under the 1960 Act, the consequent detailed description of the provisions relates to that Act.

Special Conventions in the Field of Related Rights

Mon, 03 Feb 2014 10:12:38 -0600

The Rome Convention of 1961 is a fundamental legal instrument. Two other international instruments have been drawn up with regard to certain related rights. Convention for the protection of producers of phonogram against unauthorized duplication of their phonogram concluded in Geneva in October 1971 and usually referred to as The Phonogram Convention. The convention relating to the distribution of programme-carrying signals transmitted by satellite concluded in Brussels in May 1974 and known briefly as The Satellites Convention. These two Conventions are also within the area of related rights as well as their purpose is to guard producers of phonogram and broadcasting organizations correspondingly against certain prejudicial acts that have been extensively recognized as infringements or acts of piracy.

The Rome Convention and Developing Countries

Mon, 03 Feb 2014 09:59:16 -0600

A huge number of the States of the Rome Convention are developing countries. This is fairly natural since most developing countries attach great significance to music, dance as well as other creations in their nationwide heritage. The value of the Rome Convention to such countries stems from the fact that it affords security to those who contribute to the dissemination of that heritage abroad. The Convention is chiefly vital to those countries whose civilization and tradition are oral and where the author is often the performer as well. The place occupied by expressions of folklore must be borne in mind and the interests of the artists constantly performing and thus perpetuating them must be safeguarded when use is made of their performances.

The Locarno Agreement Establishing an International Classification for Industrial Designs

Mon, 03 Feb 2014 09:54:59 -0600

The Locarno Agreement Establishing an International Classification for Industrial Designs is a multilateral global treaty. This agreement was signed on October 8, 1968. The Locarno Agreement entered into force on April 27, 1971. The Agreement has established a Committee of Experts to make amendments as well as Additions. The Locarno Classification has been established in the English as well as French languages. Official texts of the Locarno Classification are established after discussion with the interested Governments by the International Bureau of the World Intellectual Property Organization. Translations of the Locarno Classification have been established in German, Italian, Portuguese as well as Spanish. The Locarno arrangement consists of three parts. There is a List of Classes as well as Subclasses. In total there are 31 classes along with 211 subclasses. An Alphabetical List of Goods in which industrial designs are incorporated. This List contains in total just about 6,000 entries as well as explanatory notes.

Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

Fri, 31 Jan 2014 14:23:33 -0600

The Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks was adopted on June 12, 1973 by a Diplomatic Conference held in Vienna. The Agreement entered into force on August 9, 1985. The Agreement is directly aligned with the Nice Agreement concerning the International Classification of Goods as well as Services for the Purposes of the Registration of Marks, of June 15, 1957.

The Patent Law Treaty

Fri, 31 Jan 2014 12:42:11 -0600

The Patent Law Treaty was adopted on June 1, 2000 at a Diplomatic Conference in Geneva. The idea of the Patent Law Treaty is to harmonize and streamline strict procedures in respect of national and regional patent applications as well as patents. With a noteworthy exception for the filing date requirements, the Patent Law Treaty provides maximum sets of prerequisites which the Office of a Contracting Party may apply. The Office may not lay down any supplementary official requirements in respect of matters dealt with by this Treaty. Any State which is party to the Paris Convention for the Protection of Industrial Property or which is a member of WIPO may become party to the Patent Law Treaty. Any intergovernmental organization may become party to the Treaty if three conditions are fulfilled.

The Trademark Law Treaty

Thu, 30 Jan 2014 12:41:44 -0600

The Trademark Law Treaty was adopted on October 27, 1994 at a Diplomatic Conference in Geneva. The principle of the Trademark Law Treaty is to simplify as well as harmonize the administrative procedures in respect of national applications and the protection of marks. Individual countries may become party to the Treaty as well as intergovernmental organizations which uphold an office for the registration of trademarks with effects in the territory of its member States. The provisions of the Treaty are supplemented by the Regulations and Model International Forms. The Treaty does not deal with the substantive parts of trademark law covering the registration of marks. The Treaty entered into force on August 1, 1996.

Substantive Provisions of The WIPO Copyright Treaty

Tue, 28 Jan 2014 12:43:28 -0600

The provisions of the WIPO Copyright Treaty relating to the "agenda" cover up the rights appropriate to the storage as well as transmission of works in digital systems, the limitations on and exceptions to rights in a digital environment, technological measures of protection in addition to rights management information. The right of distribution may also be pertinent in respect of transmissions in digital networks. Its scope is much broader. In June 1982, a WIPO Committee of Governmental Experts clarified that storage of works in an electronic medium is reproduction. The reproduction right, as set out in Article 9 of the Berne Convention and the exceptions permitted there under completely apply in the digital environment in particular to the use of works in digital form. It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention.

Administrative Provisions of Paris Convention

Tue, 28 Jan 2014 12:42:58 -0600

Party countries to the Paris Convention compose a union for the Protection of Industrial Property. The Paris Convention goes further than a mere treaty establishing rights as well as obligations. It also establishes a legal entity in international law with the essential organs to carry out certain tasks. The Union forms a single administrative entity as well as an administrative link between the different Acts of the Paris Convention.

Developing Countries and the Berne Convention

Fri, 24 Jan 2014 11:33:26 -0600

The most important concern at the last revision of the Berne Convention remained the reinforcement of the Convention. The latest Paris Act of the Berne Convention thus recognizes a particular right in favor of developing countries. Where the identity of the author is unknown, but where there is every ground to assume that he is a national of a country of the Union, the rights in such a work are to be acknowledged in all countries of the Union. By this provision the Berne Convention has rendered it possible for the developing countries to guard their folklore also overseas. It was made a matter for legislation in the country of origin of such works to designate the competent authority which should represent the unknown author and protect and enforce his rights in the countries of the Union. By providing for the bringing of actions by authorities designated by the State the Berne Convention offers to developing countries a possibility of protecting it.

The Patent Cooperation Treaty

Fri, 24 Jan 2014 07:36:15 -0600

The national patent system needs the filing of individual patent applications for each country for which patent protection is sought. Under the traditional Paris Convention route, the priority of a prior application can be claimed for applications filed consequently in foreign countries but such later applications must be filed within 12 months of the filing date of the earlier application. This involves for the applicant the preparation as well as filing of patent applications for all countries in which he is seeking protection for his invention within one year of the filing of the first application. Filing of patent applications under the national system means that every single Patent Office with which an application is filed has to carry out a formal examination of every application filed with it. Where Patent Offices inspect patent applications as to substance, each Office has to make a search to decide the state of the art in the technical field of the invention and has to carry out an examination as to patentability.

Advantages of the Patent Cooperation Treaty System

Fri, 24 Jan 2014 07:26:38 -0600

More and more Patent Offices have to consider how to utilize their existing manpower to the greatest advantage. This is true not only because of the number of patent applications which they must handle but also because of the increasing role that Patent Offices are being required to fulfill. They supply technical advisory services to local industry either in terms of advising on obtainable technologies or in connection with national research as well as development activities. The Patent Cooperation Treaty assists Patent Offices in meeting these demands in various ways.

History of the Berne Convention

Thu, 23 Jan 2014 13:53:32 -0600

Copyright protection on the international level began by about the middle of the nineteenth century on the basis of bilateral treaties. A number of such treaties providing for common recognition of rights were concluded but they were neither comprehensive enough nor of a uniform pattern. The need for a uniform system led to the formulation as well as adoption of the Berne Convention for the Protection of Literary and Artistic Works on September 9, 1886. The Berne Convention is the oldest intercontinental treaty in the field of copyright. It is open to all States. Instruments of accession or ratification are deposited with the Director General of the World Intellectual Property Organization.

Texas Changes Course and Adopts the Texas Uniform Trade Secrets Act

Mon, 20 Jan 2014 11:58:54 -0600

In September 2013, Texas adopted the Texas Uniform Trade Secret Act (TUTSA) and became the 46th state to adopt this act. The TUTSA provides a number of changes to Texas trade secret law. This article addresses 8 of those changes.

Grounds For Contesting A Will

Mon, 20 Jan 2014 10:47:07 -0600

Nobody likes to ponder about inheritance especially after a loved one's death but the fact is inheriting something, especially something substantial, can make for a more comfortable future for you and your family. Wills are what we use to make sure our descendants are well cared for after our demise. But every family experiences tough times and it so happens that some members of the family can be left out of a will.

National Treatment of Industrial Property

Fri, 17 Jan 2014 16:06:10 -0600

Each country party to the Paris Convention must grant the same protection to nationals of the other member countries as it grants to its own nationals. The relevant provisions are contained in Articles 2 and 3 of the Paris Convention. The same national treatment must be granted to nationals of countries which are not party to the Paris Convention. This national treatment rule guarantees not only that foreigners will be protected, but also that they will not be discriminated against in any way. It would frequently be very difficult and sometimes even impossible to obtain adequate protection in foreign countries for inventions, trademarks and other subjects of industrial property without this rule.

History of the Paris Convention

Wed, 15 Jan 2014 11:40:08 -0600

During the last century, before the existence of any international convention in the field of industrial property, it was hard to find protection for industrial property rights in the various countries of the world because of the multiplicity of their laws. Patent applications had to be made roughly at the same time in all countries in order to avoid a publication in one country destroying the novelty of the invention in the other countries. These practical problems created a strong desire to overcome such difficulties.

Practical Aspects of Drafting Patent Applications

Tue, 14 Jan 2014 08:20:14 -0600

A patent is a document issued upon application by a government which describes an invention as well as creates a legal situation in which the patented invention can usually only be exploited with the authorization of the owner of the patent. Patent drafting practices and requirements differ from country to country. However there are usually three basic requirements to be complied with in the drafting of a patent application.

Grant and Publication of Patent

Tue, 14 Jan 2014 07:44:07 -0600

A patent is a document issued upon application by a government which describes an invention as well as creates a legal situation in which the patented invention can usually only be exploited with the authorization of the owner of the patent. Invention means a solution to a specific problem in the field of technology. An invention may narrate to a product or a process. The protection conferred by the patent is limited in time.

Introduction of Trademark

Mon, 13 Jan 2014 07:58:40 -0600

A trademark is any sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors. This definition consists of two aspects which are sometimes referred to as the diverse functions of the trademark but which are however interdependent as well as for all practical purposes should always be looked at collectively. In order to individualize a product for the customer the trademark should specify its source. This does not denote that it must inform the consumer of the real person who has manufactured the product or even the one who is trading in it. It is enough that the consumer can trust in a given enterprise not essentially known to him.

Introduction of Industrial Designs

Mon, 13 Jan 2014 07:32:33 -0600

Industrial design refers to the original activity of achieving a formal or ornamental appearance for mass-produced items. In a legal sense industrial design refers to the right approved in several countries pursuant to a registration system to protect the unique ornamental as well as non-functional characteristics of an industrial article or product that result from design activity. Visual appeal is one of the considerations that influence the decision of consumers to prefer one product over another. It happens mostly in areas where a variety of products performing the same function is accessible in the market. In these situations, if the technical performance of the different products offered by diverse manufacturers is comparatively equal, then aesthetic appeal as well as cost will determine the consumer's choice. The legal protection of industrial designs thus serves the significant function of protecting one of the individual elements by which manufacturers achieve market success.

Removal of the Trademark From the Register

Mon, 13 Jan 2014 07:20:43 -0600

The cancellation of a trademark registration is a severe matter for its owner as it leads to a loss of his rights under the registration. There are a number of grounds on which a trademark can be removed from the register. Reasons of removal of the trademark from the register are removal for failure to renew, removal at the request of the registered owner, removal for failure to use and cancellation on account of nullity.

Ownership of Copyright

Fri, 10 Jan 2014 11:12:15 -0600

Copyright law is a branch of law which deals with the rights of intellectual creators. This law deals with specific forms of creativity concerned mainly with mass communication. It is also concerned with all forms and methods of public communication. They are not only printed publications but also such matters as sound and television broadcasting, films and cinemas for public exhibition in and even computerized systems for the storage. Copyright deals with the rights of intellectual creators in their creation. Most works, for instance books, paintings or drawings, exist only once they are embodied in a physical object. But some of them exist without embodiment in a physical object. For instance music or poems are works even if they are not or even before they are written down by a musical notation or words.

Infringement of Patent

Fri, 10 Jan 2014 09:07:56 -0600

A patent is a document issued upon application by a government office. It describes an invention as well as creates a legal situation in which the patented invention can usually only be exploited with the authorization of the proprietor of the patent. Invention means a solution to a precise problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time.

What is Intellectual Property Law?

Wed, 08 Jan 2014 08:48:24 -0600

Intellectual property very broadly indicates the legal rights which consequence from intellectual activity in the industrial, scientific, literary and artistic fields. Countries have laws to guard intellectual property for two main reasons. One is to provide statutory expression to the moral and economic rights of creators in their creations in addition to the rights of the public in access to those creations. The second is to encourage, as a deliberate act of Government policy, creativity as well as the dissemination and application of its results and to support fair trading which would contribute to economic in addition to social development.

Copyright - Infringements And Remedies

Sun, 05 Jan 2014 12:38:39 -0600

Copyright being the exclusive right of the owner to exploit the work through publication, broadcasting, printing, making copies etc., any such act done by a person who is not the owner of the copyright and has not been assigned the copyright in a given work by the owner of the rights or without the written authorization from the copyright owner amount to copyright infringement and shall be liable to the owner of the copyright to provide for damages that owner suffers due to the said infringement of his copyright. The UAE law regarding copyright and its related rights (federal...

Scope Of Copyright Protection

Sun, 05 Jan 2014 12:36:13 -0600

Copyright is the exclusive right that is granted to authors or artists for the literary or artistic works they create to publish, broadcast, assign or sell their work for a fixed period of time. Copyright protection is granted for the expression of ideas and not for the ideas themselves. A person having an idea regarding a flying horse communicates the idea to another who creates a sketch of the same.

Copyrights - The Basic FAQS

Fri, 27 Dec 2013 09:45:10 -0600

Federal Laws. A copyright in the United States is a type of intellectual property protection granted by the federal Constitution, and embodied in U.S. laws, under title 17 of the U. S. Code.

Developing A Strong Trademark And Copyright Strategies Can Be Vital To A Business

Mon, 16 Dec 2013 15:58:07 -0600

A company's trademarks, whether in the company's name, or likeness, or in that of its products, are crucial to protecting the goodwill generated through its investment in people and capital. It is significant to its brand, as it helps identify and protect the integrity of a brand, and ensures that the company distinguishes itself from its competitors. The trademark also readily informs the consumer that the goods or services are of a certain quality or standard. The goodwill derived from a strong trademark can improve business by giving the consumer a positive impression about the product and doing business with the company itself.

Choosing The Best Patent Law Firm Is Of Utmost Importance

Mon, 16 Dec 2013 15:51:50 -0600

Any time new ideas and innovations culminate in products brought to the marketplace, it is a natural concern that competitors and new market participants will readily copy these ideas and innovations. If the copying happens before the innovators are able to protect the ideas, through the drafting and filing of a patent application before the relevant authorities, the resulting impact can be detrimental to any size business, be the innovator a startup or multinational corporation.

8 Steps to Structure an Effective and Efficient IP Enforcement Program

Mon, 25 Nov 2013 07:48:22 -0600

Infringement of intellectual property (IP) poses significant losses to U.S. companies each year. While intellectual property encompasses a broad range of rights including trademarks, copyrights, trade secrets, patents, domain names, and other proprietary rights, this article focuses primarily on trademark and copyright infringement occurring either on the Internet or through physical products (e.g, counterfeiting). The following provides 8 steps to follow when setting up an IP enforcement program.

The WTO and Its Importance in the Field of Intellectual Property

Tue, 29 Oct 2013 11:49:59 -0500

What we regard today as intellectual property is essentially the product of human intellect. Its intangible nature has resulted in the remaining unrecognized of its true worth and unappreciated until relatively recently.

Protecting Intellectual Property: The Four Approaches

Mon, 21 Oct 2013 14:19:17 -0500

Our society is becoming one based more and more on information. Because of this, the ability to protect and profit from original intellectual property becomes more and more important to involved professionals: writers, photographers, software engineers, inventors, and cottage industries. If you've got intellectual property (IP) you want to protect, you might be wondering exactly how to do it.

Protecting Your Company Secrets

Wed, 16 Oct 2013 11:12:53 -0500

Confidential and trade secret information, such as customer lists and contacts, is the lifeblood of many businesses. Due to the critical nature of the information it is important that proper steps be taken to prevent if from being misappropriated by contractors and former employees.

Some Helpful Ways to Protect Your Intellectual Property

Wed, 09 Oct 2013 10:14:00 -0500

Discovering or coming up with a great idea can lead to huge success. It's something that can catapult you to having your own successful business venture. However, to make sure your creations are not stolen or used by others, make sure your intellectual property is protected.

Conveyancing Lawyers for First Time Buyers - What to Expect

Wed, 02 Oct 2013 10:03:14 -0500

Conveyancing is required while buying, selling or remortgaging a property. Conveyancing refers to transferring property ownership from one person to another.

Overall Impression in Registered Designs

Mon, 23 Sep 2013 11:38:16 -0500

For a UK or European registered design to be valid, the design must be new and have individual character. In other words, the design must not just be different from the prior art, it must be different enough. The "individual character" test crops up again when considering infringement - a product does not infringe the registered design if it has individual character as compared to the registration - the alleged infringer is off the hook if his product is different enough.

The Work of a Commercial Lawyer

Thu, 12 Sep 2013 12:39:58 -0500

Working with a commercial lawyer can make a big difference in your business. Legal matters such as handling contracts, acquiring properties, and organizing your business set-up will be so much easier with professional help.

How to Choose a Trademark Attorney?

Mon, 26 Aug 2013 07:26:21 -0500

Trademark attorneys are those individuals who are well versed in trademark laws and they help business organizations and individuals to protect their trademarks, brand image and intellectual property rights. They are usually employed by medium and large scale business organizations who help the organizations in all legal matters related to trademarks and patents. These individuals also provide legal assistance to businesses that are in the process of registering their brand. Thus, there are various reasons for which any business or business professional might require the assistance of such a law professional.

Producer Agreements For Music Production

Mon, 29 Jul 2013 14:46:43 -0500

If you plan to produce your music for real income, the whimsy of making music can quickly become entangled with business traps and triumphs. We introduce the producer agreement. In short, this agreement defines the parameters of duty and moneys between the music producer, musician, and any other involved parties. To understand this crucial document, its best to first have a basic understanding of how music production works.

The 5 Steps You Need to Take If You Are Accused of Selling Counterfeit Goods

Wed, 26 Jun 2013 11:14:23 -0500

If you have received a letter accusing you of selling counterfeit goods, you need an action plan. This article provides you some background on counterfeit cases and an action plan for how to respond to an accusation of selling counterfeit goods.

Geography and Common Law Trademark Rights in Canada

Mon, 24 Jun 2013 10:50:14 -0500

What is a common law trademark and what type of protection does it offer. Is it ever advisable not to register your trademark and to simply maintain your common law trademark?

Tips On Property Investment

Fri, 24 May 2013 14:09:13 -0500

Property investment is a major decision that can either see you reap rich rewards or lose out on a lot of money. We read how seasoned investors are rewarded with handsome returns and, naturally, would like to get a piece of the pie. But, property investment is not as easy as how the pros make it so it's important to know how to choose properties and protect yourself against debt burden.

Why to Register a US Trademark in the European Union?

Wed, 10 Apr 2013 15:26:01 -0500

In today's global economy the competition is growing worldwide and many companies want to sell their products and offer their products and services outside of the United States.Trademark protection in one country does not give any protection in other countries. A trademark registered in the United States is only effective in the United States and will not have any protection against infringing uses in the European Union.

The Growing Need for FTO Search and Analysis

Fri, 05 Apr 2013 14:25:27 -0500

In the recent years, due to rapid growth of technology; patenting of technologies to protect the inventions has seen a huge rise. Companies, also patent technologies to avoid pseudo infringement after the technologies have been invented i.e. a company claiming infringement damages after the technology has been invented by the first company.

A Seismic Shift in LPO Industry

Thu, 28 Mar 2013 12:41:14 -0500

After a decade, the global legal industry has seen a stable move in the way litigation work is structured and delivered. Today many law firms routinely furnished litigation outsourcing service to improve efficiency and to reduce cost.

Pesky Neighbors: What Are the Legal Boundaries of My Property?

Mon, 25 Feb 2013 15:42:45 -0600

Few things can create instant animosity between neighbors than property line disputes. It is telling that the term "land war" became used to describe the civil unrest relating to ownership of property existing in Ireland during the late 1800's.

Common Estate Planning Mistakes to Avoid

Fri, 08 Feb 2013 14:54:00 -0600

You work hard all of your life and you want to make sure that you have good quality of life at the end of your days. You also want to make sure that the money and assets you have worked so hard to accumulate pass to your children.

How Secure Is the IP in Your Business?

Mon, 04 Feb 2013 16:08:44 -0600

IP is always an interesting discussion with business owners. As a service provider of logos and design material, I always recommend that business owners trademark logos. Why?

Why You Need An Intellectual Property Lawyer On Your Side

Wed, 30 Jan 2013 13:30:03 -0600

These days, most companies will have some sort of intangible (meaning that it can be seen but not touched) asset that they have claimed ownership of, such as a trademark, patent or copyright. As with any other asset that you own, they need to be properly managed and cared for to ensure that your rights have not been encroached upon.

When Does Your Great Idea Need the Expertise of an Intellectual Property Attorney?

Wed, 09 Jan 2013 11:49:56 -0600

What do Amazon's "1-Click" Shopping, the Apple brand, and Conan O'Brien's Team Coco Digital, LLC all have in common? Their owners had the foresight to seek the expertise of an Intellectual Property (IP) attorney. It's an easy misconception that only intricate, multi-million-dollar creations require legal intervention.

Five Critical Steps to Protecting Your Intellectual Property

Wed, 09 Jan 2013 11:09:17 -0600

If you're serious about bringing your IP to the next level and protecting your innovation or invention, taking the necessary steps are invaluable to save months or even years of creative energy going unfulfilled. 1. Learn all you can on the topic of IP: A simple Google search can provide you with a wide array of information on the topic.

A Question of Royalties

Wed, 09 Jan 2013 11:00:06 -0600

When one thinks of royalties, the money paid to top recording artists usually comes to mind. Their spacious mansions, exotic getaways, and fast cars are supplemented by the monies received from music sales. Authors are paid royalties by a publisher for the right to publish his or her work.

What's the Big Secret?

Mon, 05 Nov 2012 12:29:51 -0600

If it is not kept secret, then it can not be a trade secret. Trade secret misappropriation lawsuits are only successful when the Plaintiff can establish ownership of a trade secret.