Legal : Intellectual Property Articles from GetACoder.com

Intellectual Property Law - European Community Trade Mark - 'Likelihood of Confusion'

Mon, 04 Aug 2008 08:32:54 -0400

The case of Antartica Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-47/06) [2007] involved issues relating to the 'likelihood of confusion' with regards to a European Community trade mark. On the 30th of March 2000, the applicant company, Antarctica Srl, submitted an application to register a Community Trade Mark (CTM) at the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Intellectual Property Law - Jurisdiction - Community Trade Mark - Opposition

Sat, 02 Aug 2008 20:04:26 -0400

The case of Advance Magazine Publishers Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-481/04) [2007], concerned jurisdiction issues in relation to an application for a Community Trade Mark. The applicant sought to register the word mark 'VOGUE' as a Community Trade Mark, in respect of clothing in class 25. An application was made to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) ("OHIM").

Intellectual Property Research

Mon, 14 Jul 2008 19:10:35 -0400

By definition, IP or intellectual property is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents etc. The purpose of the IP is to give exclusive rights to its owner.

Intellectual Property Law - European Trade Marks - Opposition to Registration of Trade Mark - Visual

Sat, 05 Jul 2008 16:04:30 -0400

The case of Castellani SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-149/06) [2007], concerned an opposition of a European Community trade mark. On the 25th of September 2001, the applicant filed an application to register a Community Trade Mark. The application was made to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), and was carried out under Council Regulation (EC) No 40/94 (on the Community Trade Mark).

PCT Filing in India

Fri, 27 Jun 2008 17:51:10 -0400

All PCT Applications designating India are considered as Indian Patent Applications filed on the date of the International Application. The period for entering into national phase is 31 months from the priority date.

Layered Approach to Auto Theft Prevention- Part 1 - Common Sense

Fri, 27 Jun 2008 03:22:22 -0400

The National Insurance Crime Bureau recommends using a "layered approach" to help prevent your automobile from becoming stolen. The more "layers" of protection that you can apply to your vehicle, the more difficult it will be for a thief to steal it.

What Business People Do to Maximize the Protection of Intellectual Property

Thu, 26 Jun 2008 01:34:11 -0400

When business people plan a save harbor of intellectual property they consider a wide spectrum of legal tools to maximize the protection of IP assets. The main point is that IP protection strategy should be kept from the beginning of creation, during its development until a design is complete. The strategy of securing design ownership starts with recognizing a design as a potential asset, and continues to carefully plan its protection throughout the lifetime of a design optimizing IP protection and reducing infringement risks. It may include these specific goals...

Intellectual Property Assets

Sun, 22 Jun 2008 11:45:30 -0400

Intellectual property is about first time creation of some new literary and artistic work, names, designs, inventions etc.Legal protection of intellectual property is very essential for success in business. Any company should protect its company's intellectual asset and must develop strategies for intellectual property management after a study of the concerned market and other geographical factors.

Copyrights, Trademarks, & Other Legal Mumbo Jumbo

Thu, 13 Mar 2008 03:41:04 -0400

As a business owner, you are constantly seeking ways to establish or maintain competitive advantage. Your products and services represent your value and uniqueness in the market. Therefore, it is critical to take steps to protect them.

The Lowdown on Content Licensing

Sat, 08 Mar 2008 08:20:04 -0500

Surfing the internet, I see a lot of questions regarding the use of the multitudes of content available everywhere. As writers and artists, it is important for us to understand some of the popular licensing structures applied to content so we know not only how we may use someone else's creation but also how we should license our own work in this atmosphere of open content.

Do Conflicting Expert Opinions Preclude Summary Judgment In Patent Infringement Cases?

Tue, 01 Jan 2008 20:22:59 -0500

It is a common litigation scenario: One side's expert says one thing while the other side's says just the opposite. But when - as in patent cases - expert opinion is so critical to the outcome, is summary judgment possible when the two experts disagree?

How One Small Business Used Intellectual Property To Create Incredible Success

Sat, 17 Nov 2007 07:03:14 -0500

Small businesses often wonder how they can use intellectual property to meet their goals for success. Here's how one small business did it and went on to be one of the most successful organizations in that past century.

Libraries: Not Just Full of Books

Thu, 15 Nov 2007 22:57:43 -0500

Warning! The belief that the right of survivorship exists just because both names are present on the document often causes problems at the worst of times, after the death of one of the owners. An estate planning attorney with over 30 years experience explains how best to hold title and possibly avoid probate in the process.

Protect Your Invention - 2 Inexpensive legal ways

Thu, 15 Nov 2007 00:37:42 -0500

There are two legal ways to protect your invention that you will want to consider before spending thousands of dollars on a patent. But before we get into that, you need to understand how intellectual property rights work. Intellectual Property includes patents, trademarks, servicemarks, and copyrights.

Intellectual Property - Its Meaning And Development In India

Tue, 13 Nov 2007 17:59:10 -0500

The term "intellectual property" was introduced in the case of Davoll et al. v. Brown in October 1845 in the Massachusetts Circuit Court. In this Justice Charles L. Woodbury held that "only in this way can we protect intellectual property, the labors of the mind, productions and interests as much a man's own...as the wheat he cultivates, or the flocks he rears." Section 1 of the French law of 1791 also stated that "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years.

Give The Wrong Words An Inch And They May Take A Mile!

Tue, 13 Nov 2007 08:51:14 -0500

A Confidentiality Agreement is a contract signed by two parties, acknowledging that a concept or idea is being disclosed to one party by the other, with the understanding that the party being shown the idea or concept will not use the idea or concept, or disclose the information to anyone else, unless given permission in writing by the party disclosing the idea or concept.

10 Truths for Inventors

Mon, 12 Nov 2007 01:29:25 -0500

My experience as an inventor combined with my work as a coach for inventors has resulted in the following 10 truths that every inventor needs to know.

Facts about Snoring

Sun, 04 Nov 2007 06:14:28 -0500

The Article submitted advocates the invalidity of Business Method Patent in Indian scenario. India is a developing country and has bountiful of resources with it. Thus patenting its innovative Business related methods would be detrimental at this stage. Indian Patent Act, 1970 disqualifies the patenting of Business Method by Section 2(k). In my Article I have made a comparison between the Developing world's perspective and Developed world's perspective over the issue. I am of the view that Business Method Patent can be qualified under Indian Patent law only after span of about 5 years.

Intellectual Property - Patent Dispute - Pharmaceuticals - Patent Invalidity - Generic Drugs

Sat, 03 Nov 2007 22:42:16 -0400

The case of Generics (UK) Ltd and Others v H Lundbeck A/S [2007] involved a defendant which was a small research-based pharmaceutical company located in Denmark. It held a European patent ("the Patent") in respect of an anti-depressant drug, escitalopram. The Patent had a priority date of June 1988.

Guide to Current Patent Reform Legislation

Sat, 06 Oct 2007 05:50:24 -0400

Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, with Senators Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah) leading the charge. But legal and business groups are finding themselves at odds over the legislation, with some saying it would reduce patent litigation costs and improve patent quality while others say it would do just the opposite. In April, identical bills were filed in the Senate and House, each titled the Patent Reform Act of 2007. In an effort to help make sense of this legislation, we offer this guide to its key provisions, together with summaries of the arguments being raised for and against.

Protecting Business Ideas in the United Kingdom

Tue, 25 Sep 2007 17:22:41 -0400

It is an entrepreneurial exercise to conceive a business idea that will create a leading edge in a market or identify a gap in a market. The process is in itself creative, but this itself does protect the business idea. There is some power in being the first to market with a new business idea, whether it is a process or a product in its own right. Some analysis is required to evaluating whether your idea is protectable at law, and whether any part of it is protectable at law.

Chemical And Life Sciences Patenting - New Considerations After The KSR VS Teleflex Decision

Sun, 23 Sep 2007 16:26:13 -0400

The U.S. Supreme Court's KSR v. Teleflex decision, handed down in April, is likely to stunt patenting, promote heavier reliance upon trade secrets, encourage validity challenges, and require more reliance upon formerly secondary arguments for allowance. Chilling effects will likely be felt heaviest in the mechanical arts. Nerac analysts continue to monitor and analyze USPTO and judicial policy that flow from this decision, especially regarding patent portfolio assessment and the identification of intellectual property and business opportunities.

Patentability Criteria

Sun, 16 Sep 2007 05:01:05 -0400

"What criteria must an idea meet to qualify for a patent?" "What is the benchmark for evaluating whether an invention is new and non-obvious before it is granted a 20 year monopoly to exclude others from making or using the invention?" While the criteria for obtaining a patent may appear subjective, in fact, the criteria for patentability is fairly objective and well defined in patent law.

Indo-U.S Relations In Light Of Patent Laws - An Overview

Fri, 14 Sep 2007 15:16:15 -0400

It traces the development of India Patent Policy along with its relations with U.S. that how did the cooperation between the two nations finally arrived.

Common Pitfalls Committed In Intellectual Property Due Diligence

Thu, 13 Sep 2007 09:36:51 -0400

For the unwitting IP Manager, it is easy to fall prey to the mistake of not being able to afford or avail your client the appropriate rights and remedies for the protection of their IP portfolio. Some of this mistakes are either to obvious too ignore such as the late filing of US and International Patent Applications after disclosure or "willfulness" exposure to patent infringement by reason of internal mismanagement. At times, the oversight occurs as a result of a misapprehension of the rules and remedies provided by law. This is usually the case when a party relies solely on copyrights for software protection, foregoing patent protection. The same is true when a patent claim is so narrowly construed it offers practically little protection for an invention. In order to avoid these common mistakes, it is worth to keep in mind the most common blunders in venture capital due diligence of intellectual property.

Man The God In Ruin

Tue, 11 Sep 2007 07:00:07 -0400

Human qualities of natural beauty, love, virtue and spirituality are mostly interdependent within the physical health. The ancient Greeks knew this well, when they were deifying athletics and hygiene as the bridge to beauty, strength and divinity. They dedicated their athletic games to Olympic Gods, Zeus, Apollo, Poseidon and Athena in order to signify their value as a sacrament. "Virtue and love said Plato, are both a kind of health" while hate, envy, fear and jealousy are the by- products of disease. Disease of stomach and liver, for instance, can easily alter the entire human character, by disabling the solar plexus (or the emotional brain) from its natural function. When such a mighty solar gland is out of order, peace, virtue and love are dethroned from their natural function, while worry, fear and insecurity sets in.

Why You Need To Care - Intellectual Property

Mon, 10 Sep 2007 07:40:02 -0400

Protecting intellectual property has a high strategic value to almost every company. If competitors gain access to your IP, the cost is enormous; companies may commit millions of dollars to investigating new drugs, writing program source code, or developing new products.

Intellectual Property - Patent Law, Copyrights, and Trademarks

Sat, 08 Sep 2007 05:08:21 -0400

Want to learn the basics of intellectual property? This article goes over common intellectual property concepts and terms like patents, copyrights, and trademarks.

Three Options for Inventors

Tue, 28 Aug 2007 00:05:06 -0400

There are three basic things that you can do with your invention.

Home Information Pack (HIP) Solution

Fri, 10 Aug 2007 00:08:50 -0400

The Government has announced a delay in the introduction of Home Information Packs. For more information see our HIP Solution update.

The Intellectual Property Audit - Finding What You Have (Part IV of V)

Tue, 07 Aug 2007 18:16:10 -0400

This article continues "The Intellectual Property Audit: Finding What You Have (Part III)."

When Does Copyright Expire On My Music?

Mon, 06 Aug 2007 20:32:50 -0400

The expiration date on your copyrighted music isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you.

The Intellectual Property Audit - Finding What You Have (Part I of V)

Sat, 04 Aug 2007 13:12:43 -0400

Does your organization account for over 80% of its assets? These assets are not bank accounts or physical possessions; they are not even your real estate. They are the product of your organization's collective mind: your intellectual property. Find out how to find and quantify your IP in this article.

Business Legal Form - Where To Get The Forms You'll Need

Fri, 27 Jul 2007 18:34:46 -0400

A business legal form is important for any person who runs or operates a business.

Intellectual Property and Copyright Laws

Sun, 01 Jul 2007 17:14:16 -0400

Just as one owns physical property and real estate, Intellectual Property (IP) allows people exclusive ownership of their creativity and innovation. It gives these people control on their innovations for which they are rewarded and encouraged to create further for the benefit of others.

Patent PCT Application India

Sat, 30 Jun 2007 16:04:45 -0400

The Patent Cooperation Treaty is an agreement for international cooperation in the field of patents. It is the most significant advancement in international cooperation in this field since the adoption of the Paris Convention itself. It is, however, largely a treaty for rationalization and cooperation with regard to the filing, searching and examination of patent applications and the dissemination of the technical information contained therein. The PCT does not provide for the grant of "international patents". The task and responsibility for granting patents remain exclusively in the hands of the patent Offices of, or acting for, the countries where protection is sought (the "regional Offices"). PCT is a special agreement under the Paris Convention open only to states, which are also party to the Paris Convention. The PCT does not compete with but, in fact, complements the Paris convention.

What Is International Copyright Law?

Thu, 28 Jun 2007 18:08:33 -0400

Many people are surprised to learn there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as "foreign" works.

Domain Names - A Market of Great and Growing Importance

Mon, 25 Jun 2007 06:44:44 -0400

The sale of domain names generated $29 million in 2005, with increasing numbers each year after that. Domain names transactions involve large amounts money, and the market for them is quickly becoming one of the most important in the new century. Domain name arbitration is not the only way to ensure that URL's go to whom they should.

Intellectual Property is Your Greatest Asset - Four Ways to Create Value

Fri, 22 Jun 2007 20:14:54 -0400

Intellectual property is your greatest asset. Learn the four key ways that IP creates value and improves the bottom line.

The Intellectual Property Audit - Finding What You Have (Part II of V)

Mon, 11 Jun 2007 12:00:24 -0400

This article continues "The Intellectual Property Audit: Finding What You Have (Part I)."

Jump on Your Intellectual Property Rights

Fri, 08 Jun 2007 23:12:16 -0400

If you are a startup business looking for financing, you should already have (1) acquired your IP rights (patents, trademarks, and copyrights) and (2) cleared your business of any IP infringement. Investors and competitors respect the value of patent and trademarks and applications for them. Investors should not invest in a startup, unless they are assured that its product or service is not infringing another's IP rights.

The Intellectual Property Audit - Finding What You Have (Part III of V)

Thu, 07 Jun 2007 16:17:30 -0400

This article continues "The Intellectual Property Audit: Finding What You Have (Part II)."

Patents For Inventors - Your Questions Answered

Wed, 06 Jun 2007 23:50:38 -0400

Are you confused about what a patent is and whether you should get one? This is primer for beginning inventors that answers your most commonly asked questions. Questions include what is a patent, what is patent pending, what protection does a patent provide, should you keep your invention secret, and more. A must-read for inventors at all experience levels.

Everything You Need to Know About Trademarks and Fair Use

Wed, 06 Jun 2007 12:34:35 -0400

Everything You Need to Know About Trademarks and Fair Use

What Is A Creative Commons License and Can I Use It?

Wed, 06 Jun 2007 11:54:50 -0400

Your 1-2-3 on the Creative Commons. Discover inside facts on this legality and my incredible alternative for cash profits...

Defendant's Experts Help Make Plaintiff's Case

Tue, 05 Jun 2007 18:27:07 -0400

Expert opinion of patent infringement, offered by a patent owner during licensing negotiations, proved to be key evidence in establishing an "actual controversy" sufficient to allow the alleged infringer to bring a declaratory judgment action in federal court, the Federal Circuit Court of Appeals said in a March 26 opinion. The opinion is significant because it is the first by the Federal Circuit to discuss how it will determine the existence of a controversy sufficient to give it jurisdiction now that the U.S. Supreme Court, in its January decision MedImmune v. Genentech, rejected the circuit's former "reasonable apprehension" test.

The Intellectual Property Audit - Finding What You Have (Part V of V)

Tue, 05 Jun 2007 06:53:03 -0400

This article continues "The Intellectual Property Audit: Finding What You Have (Part IV)."

Data Protection - Database Right For Sales Agencies

Tue, 29 May 2007 17:51:11 -0400

A ruling by the High Court has resulted in new case law governing sales agencies with regard to database rights. Where a sales agency has built up a database of customer details, they will now own a database right in that database in the event that there is not an agreement with another party as to the ownership of that database.

Digital Millennium Copyright Act DMCA Redefined - Steps to Keep Your Content and Intellectual Proper

Wed, 16 May 2007 09:06:37 -0400

The Digital Millennium Copyright Act, DMCA, prevents technology from duplicating or distributing copyrighted material. Steps to take to defend your content and intellectual property.

Wholesale Business: Spotting Copyright Infringement Crooks

Tue, 15 May 2007 22:08:13 -0400

Avoiding copyright theft for your business- explained

Medical Device Industry Patent Litigation Likely to Rise?

Sun, 13 May 2007 20:13:09 -0400

Can patent lawsuits in the medical device industry be forecast? Recent studies suggest that certain features of patent applications themselves tend to correlate with a higher chance that some patents will end up in court. Innovation is at the heart of the medical device industry. As with many industries, if you are not constantly working to bring new products and technology to the market, there is a good chance you will not survive.

PPC Ads Face A New Trademark Limitation

Mon, 07 May 2007 12:44:26 -0400

A federal court ruled last week that it is not only a trademark violation any longer to use another company's trademark to deceive search engine users in the paid ad headline. The court has further ruled, that you can not purchase a trademark as a keyword to bring up your paid listing on Google, Yahoo, MSN and other search engines.

Intellectual-Property - We Should Know The Scope And Nature

Thu, 19 Apr 2007 08:59:13 -0400

The scope and nature of Intellectual property has expanded. Software and database need protection. Laws vary from jurisdiction to jurisdiction. WTO and TRIPS enabled laws to harmonise the situation.

Intellectual Property - Copyright Infringement in Computer Software

Sat, 14 Apr 2007 22:46:07 -0400

The case of Point Solutions Ltd v Focus Business Solutions Ltd and Another [2007], which was heard in the Court of Appeal, involved a claimant who carried on business as a provider of computer software services, and in particular software for the creation and use of electronic application forms for provision to the financial services sector.

Understanding Patent Database Behavior For Better Patent Search

Tue, 10 Apr 2007 09:19:18 -0400

Extracting information from huge datasets, based on keyword search is actually a challenging job. Patent databases contains millions of patent records and when it come to patent search to find out the relevant patent literature in a specified technology area, its really interesting but annoying too. Thus patent searching is very important in an organization. It's very crucial of technology companies as well as service providers. Since removing irrelevant patents during analysis, will cost time, thus affect the productivity and even the satisfaction of the clients.

Is Your Domain Name Safe From Theft?

Thu, 05 Apr 2007 03:57:57 -0400

Hundreds of thousands of trademark protected domain names get stolen every year. Is your domain name safe from cyberquatters, pornosquatters and other cyber-leaches?

Patent Piracy and International Intellectual Insidious Insanity

Sun, 01 Apr 2007 21:16:38 -0400

Spinning like a top the minds of the members of the Online Think Tank are in constant motion discussing issues from around the Globe and with more energy then the older gentlemen with the slower minds in Davos. It is amazing that the Patent Piracy and International Intellectual Insidious Insanity continues to go on to this day, as technology in many nations is stolen and products suddenly appear on slow boats from foreign shores.

Find Email Address Quickly and Easily Like I Did

Fri, 23 Mar 2007 21:54:27 -0400

Last year I remembered a friend I met on holiday, you know how it is you get chatting and always say we must stay in touch so you swap numbers or email addresses and that's that.

Patent- How Well Protected Are The Patent Holders?

Thu, 22 Mar 2007 21:33:02 -0400

How well are we, the patent holder, protected? For twenty years, patent holders are protected, they say. Exclusive rights have the right to sue an infringer.

Intellectual Property - Copyright Infringement - Trade Mark Infringement

Tue, 20 Mar 2007 04:54:20 -0400

The case of KK Sony Computer Entertainment and Another v Pacific Game Technology (Holding) Ltd [2006], concerned the infringement of copyright in computer games systems under the name of 'PlayStation'. The first claimant was a Japanese company and the second claimant was its UK subsidiary. Both claimants were corporate incarnations of the well known Japanese electronics group, Sony.

Protecting Your Intellectual Property (IP)

Sat, 03 Mar 2007 21:12:50 -0500

Intellectual Property (IP), in the literal sense, refers to the property of one's intellect or mind. In terms of business, it is defined as one's proprietary knowledge.

Intellectual Property-Exclusive Rights

Wed, 28 Feb 2007 03:19:31 -0500

Exclusive rights- is it well defined? Will the infringer get to be sued? Copy rights, Patent, Trade marks, industrial designs and trade secrets and all these come under Intellectual Property.

International Intellectual Patent Protection and Eastern and Western Culture Issues

Sun, 25 Feb 2007 16:19:19 -0500

As an Online Think Tank member, I know that there are two or more sides to every issues and different perspectives and belief systems on all sides of any debate about right and wrong. Yet, I see international intellectual patent protection as a crisis that should have already been solved. The United States must seize this opportunity to fix the problems with our trading partners on the other side of the planet.

Should You Sell Or License Your New Product Or Idea

Sat, 24 Feb 2007 04:34:09 -0500

A patent is your property and as such you have the legal right to do with it as you wish. Generally you would choose to sell your patent if you would...

The Difference Between Trade Secrets And Trademarks

Wed, 21 Feb 2007 06:53:19 -0500

Some people get confused between trade secrets and trademarks. A trademark is something that is publicly recognized and known as being officially associated with a particular company. In contrast a trade secret can be a much more broad definition and by its very name is not made public.

Protect Your Creativity

Wed, 07 Feb 2007 23:11:06 -0500

As an entrepreneur, you are undoubtedly blessed with the ability to come up with new ideas for products and services. Sometimes, a competitor comes up with a similar idea and manages to make money out of it before you do. A great deal of planning, money, time and effort are required to turn these ideas into invention and innovation.

Intellectual Property

Sat, 03 Feb 2007 03:40:27 -0500

Over the course of humanity, every discovery has yielded more questions as we continue to explore new territory. As we continue to explore the frontier known as cyberspace, and discover new ways to use the medium, we are opened up to more ethical dilemmas and questions. Intellectual property has always been a thorny issue.

IPC Classsification

Mon, 29 Jan 2007 13:39:29 -0500

One of the hot topics in the IP world today is IPC reform. Due to be published on 1 July 2005, and to come into effect on 1 January 2006, the eighth version of the IPC classification system (also referred to as IPC 2006) may not seem radically different from the previous IPC7, on first blush. But there are important benefits for patent searchers, attorneys, examiners and IP manager

Trademarks: When and How to Search and File Trademark Applications

Sat, 27 Jan 2007 00:20:55 -0500

A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others.

Patent Map Generation and Reading

Thu, 25 Jan 2007 01:49:57 -0500

Patent Mapping a way to visualize patent mining results that involves clustering or otherwise orienting patent data on a page so that there is meaning in the spatial relationships among the data points. Patent Landscape: graphical representation of how large numbers of patents relate to each other based on keywords, citations, or patent classifications. It is useful in identify trends, determine patent gaps and opportunities, and design around competitors' patents.

Media Law � Music Copyright � ISP�s Liability for File Sharing

Sun, 07 Jan 2007 19:54:47 -0500

A Coalition of music industry bodies, including the MCPRS Alliance and the Association of Independent Music, is lobbying to have intellectual property law amended to allow Internet Service Providers (ISPs) to be sued for allowing illegal file-sharing on their networks. Commentators have said that their efforts are misguided and commercially impractical. Currently, ISP's are not required to police the content of their networks much in the same way that telephone companies are not liable for obscene calls.

5 Ways to Protect Your Idea-for Less than $30

Tue, 02 Jan 2007 03:32:27 -0500

Every day thousand upon thousands of ordinary people become inventors. They devise new ideas, improve old ones, and enhance the world around them. But they all have one thing in common. The vast majority will never act on their idea because they can not afford the cost for a Utility patent. When you consider that the average cost for a strong Utility patent is around $5,000 it is no wonder.

Mutual Non-Disclosure Agreement Template

Fri, 29 Dec 2006 08:23:56 -0500

Sample of a Non-disclosure agreement

Intellectual Property � Ground Breaking Decision � Patents � Business Methods � Computer Programs

Thu, 21 Dec 2006 09:11:25 -0500

A ground-breaking decision was delivered by the Court of Appeal in the cases of Aerotel Ltd v Telco Holdings Ltd (and others) [2006] and Macrossan's Application [2006] on 27 October 2006. This important decision means that there is now a new method by which patent examiners will assess whether or not an invention is patentable. The decision is especially relevant to those wishing to patent 'business methods' or 'computer programs'.

Selecting Business Names and Intellectual Property Law

Wed, 20 Dec 2006 04:18:41 -0500

An information technology & intellectual property lawyer steps through some common provisions of software license agreements and software development contracts. Includes explanations of the purpose and effect of particular clauses in software and technology contracts.

Contracts That Work! Bankruptcy

Sun, 19 Nov 2006 17:53:25 -0500

The vendor of your No. 1 mission-critical application has filed for bankruptcy. Your contract gives you the right to terminate immediately. Can you enforce that provision? This article explores that difficult question in clear, direct English and offers concrete suggestions for improving your IT and IP contracts and ensuring that you continue to receive the services you need, when you need them.

CONTRACTS THAT WORK! Representations, Warranties and Remedies

Sat, 11 Nov 2006 06:06:22 -0500

The project is late and over budget. The boss is concerned, the internal clients are furious. What are your options? This article lays out the legal principles in clear, insightful English and offers concrete suggestions to solve current problems and avoid them in the future.

Intellectual Property Considerations

Thu, 19 Oct 2006 10:20:01 -0400

Intellectual Property is one of the hardest things to protect. If you file a patent it becomes public information and if someone copies it and changes one thing, they basically stole your idea for free then it is your duty to try to sue them; that costs you thousands.

Analyzing Patent Information to Genearte Patent Maps

Sun, 15 Oct 2006 15:41:37 -0400

There are two primary ways of analyzing patent information: Qualitative and Quantitative. The qualitative method shows more closely the content of the individual patent documents. The quantitative method results in statistical processing. These two methods have quite different objectives and different ranges of applications. Patent analysis can be displayed by visual representation using bar graphs, polygonal line graphs, pie charts and other charts/graphs, which are called "Patent Maps".

Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design

Mon, 02 Oct 2006 03:54:03 -0400

One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It's also a good idea to get a notebook that it's also difficult and noticeable if any pages are removed.

Intellectual Property � Copyright Infringement � Design Rights

Mon, 21 Aug 2006 18:37:58 -0400

The case of Landor and Hawa International Ltd v Azure Designs Ltd (CA) [2006], involved a dispute over the design of a type of suitcase. The claimant company had been designing, importing and selling travel bags and suitcases since 1985. In June 2002, the managing director produced a design for an expanding section ("the Expander Design") which was to be incorporated into hard shell-style suitcases.

Suitcases incorporating the Expander Design were then produced and sold in the UK and abroad.

During the late summer of 2003, the claimant company became aware of suitcases using the Expander Design and built in China being marketed and sold in the UK by a company called Label. The claimant company alleged that this infringed its design rights in the Expander Design. It discovered that the defendant company had imported and sold such suitcases.

Intellectual Property � Trade Mark Infringement � Advertisement

Sat, 19 Aug 2006 09:01:45 -0400

In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley�s Seminars Online.

In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley�s Seminars Online free of charge until expiry of the CCH Seminars subscription.

The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant�s competing service.

Copyright, ISBN & More

Wed, 09 Aug 2006 06:12:32 -0400

Do I have to copyright my book before I send it to a publisher? What if a publisher steals my work?

Intellectual Property � Trade Mark Infringement � Figurative Community Trademark

Wed, 02 Aug 2006 04:05:56 -0400

In the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market ("OHIM") (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality.

On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds.

Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the same types of services.

Patents, Trademarks, Copyrights, Trade Secrets Protect Your Invention!

Tue, 18 Jul 2006 02:04:36 -0400

Patent numbers are issued sequentially, beginning with the number one. Patent number one was issued to Samuel Hopkins on July 31,1790. It took 75 years for the United States Patent and Trademark Office (USPTO) to issue patent number 1,000,000. Patent number 7,000,000 was issued February 14, 2006. It took only seven years for the USPTO to move from issuance of patent number 6,000,000 to 7,000,000.

Intellectual Property � Community Trade Marks � Likelihood of Confusion

Sat, 15 Jul 2006 21:01:35 -0400

In GfK AG v Office for Harmonisation in the Internal Market (OHIM) (2005), a company's application for a community trade mark was rejected on the grounds that there was a likelihood of confusion with a previously registered German trade mark.

On 15 November 1999, the applicant applied for a Community Trade Mark (CTM) for the mark "Online Bus" in Class 35 in respect of drawing up statistics in the fields of economics, marketing, market research and market analysis, business consultancy, organisation consultancy, professional business consultancy, news agency services in the field of economics. The CTM application was accepted and proceeded to publication.

Intellectual Property � Patentability of Computer Programmes - Exclusions

Wed, 12 Jul 2006 01:11:08 -0400

Patenting computer programmes

Intellectual Property: Patents � Drafting with Reasonable Care and Skill

Fri, 07 Jul 2006 08:30:28 -0400

In the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill.

Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim.

After grant of the patent, Unilin sued three defendants for patent infringement. The defendants counterclaimed, arguing that a piece of prior art (Yoichi) had not been cited against the patent.

On 26 September 2003, the court held that Claims 1-19 of the patent were invalid in respect of the prior art Yoichi but Claims 20 and 21 were valid and infringed by the defendant. Unilin claimed damages for past infringements and costs.

Protecting Intellectual Property

Wed, 05 Jul 2006 17:53:24 -0400

Devices such as copyrights, trade secrets, patents, trade/service marks are very helpful for preventing the unauthorized use or distribution of your products. However, if someone really wants to pirate your products, they will.

Intellectual Property: Community Trade Marks � Registration Refusal � Likelihood of Confusion

Wed, 28 Jun 2006 13:48:35 -0400

In Alcon Inc v Of Office for Harmonisation in the Internal Market (OHIM) [2005], a mark was refused registration because the public was likely to confuse the mark with another similar mark.

Patents, Trademarks, Copyrights - What's the Difference?

Mon, 05 Jun 2006 19:28:24 -0400

A discussion of the differences between patents, trademarks and copyrights. What they protect. How long they last.

Patent Me This, Batman

Sat, 06 May 2006 09:18:48 -0400

If you have a great idea for an invention, you must protect it. Here are some invaluable tips for how to patent your invention.

Intellectual Property � The 3 Branches: Copyrights, Patents & Trademarks

Fri, 24 Mar 2006 11:34:15 -0500

When you hear the phrase intellectual property, what do you think of? How can something that exists in your mind be considered property? Are your ideas your property similar to that of your house or car?

The Verve Intellectual Property Case: A Bittersweet Example

Wed, 22 Feb 2006 00:40:27 -0500

Intellectual property's tentacles are long and strong. Maybe the largest battlefield in IP is the music industry. Composer, producers, interpreters and license owners might get unexpectedly involved in legal battles regarding the misuse or abuse of a song of their property. Sometimes it is just something as little as a sample of the song but are legal frictions can deal with millions and millions of dollars.

FAQ: Intellectual Property Protection

Thu, 26 Jan 2006 06:41:59 -0500

This is a guide to intellectual property protection

FAQs - Licensing Intellectual Property (IP)

Sun, 22 Jan 2006 18:56:19 -0500

Licensing is a key business strategy. It's a way to maximize the earnings from inventions and creative works.

Intellectual Property

Fri, 20 Jan 2006 08:54:31 -0500

Intellectual property (IP) is a valuable asset to companies in the biotech, life sciences, healthcare, medical technology and related industries. Utility patents are often the most valuable IP belonging to small and emerging companies.

2006 Trends in Intellectual Patent Rights

Tue, 17 Jan 2006 03:12:21 -0500

The costs to get a patent and the time it takes to get one due to the bureaucracy of the US Patent and Trademark Office is out of control. No longer can small garage inventors afford to get a patent for something they built in their garage that the world really needs.

Intellectual Property Will Soon be History

Wed, 04 Jan 2006 00:26:38 -0500

Frequency analysis can establish the �signature� of an author,cultural level of the writer,use of slang or technical jargon, etc. Plagiarism detection also uses frequency analysis. Search engines use word frequency to establish subject of web pages.

How to Work With Your Intellectual Property Lawyer

Thu, 15 Dec 2005 20:21:55 -0500

Intellectual property law is a daunting challenge to even the most seasoned business person. How does one choose the right way to protect your most coveted assets; your intellectual property? Here are a few pointers that can help.

Intellectual Property Law: Community Trade Marks - Registration - Grounds for Refusal

Sat, 03 Dec 2005 12:38:36 -0500

In the case of CeWe Color AG and Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-178/03 and T-179/03), the Court of First Instance rejected CeWe's trade mark applications on the grounds that the marks were merely descriptive and lacked distinctiveness.

Business Intellectual Property Overview

Sun, 20 Nov 2005 23:04:14 -0500

Learn more about Business Intellectual Properties. Article written by established Illinois Attorney & Legal expert, Paul Nicolosi.

Intellectual Property - Trade Marks - Distinctive Character Test - Landmark Decision

Sun, 06 Nov 2005 19:32:46 -0500

The recent decision by the European Court of Justice ("ECJ") in Societé des Produits Nestlé SA v Mars UK Ltd [2005], makes it easier for trade mark owners to satisfy the distinctive character test when applying for registration of their trade marks. The ECJ decided that the necessary distinctive character required for a trade mark registration can be acquired as a consequence of its use as part of another registered trade mark provided that an average, well-informed consumer would deem it to be distinctive of its trade origin.

Intellectual Property: Trade Marks - Goodwill

Thu, 03 Nov 2005 11:28:45 -0500

In Newman Ltd v Adlem (2005), the Court of Appeal held that there was a duty on the seller of a business not to undermine the goodwill attached to that business (if included in the sale) even after the non-competition covenants in the sale agreement had expired. Goodwill is an intangible asset valued according to the advantage or reputation a business has acquired.

Intellectual Property: Counterfeiting - Government Consultation

Fri, 21 Oct 2005 22:39:30 -0400

Counterfeiting is a major problems for pharmaceutical and other companies. Intellectual Property ("IP") crime (counterfeiting and piracy as it is more widely known), has grown considerably over the past 10 years and is reported to have serious economic effects both in the UK and globally.

Intellectual Property Law - Trade Mark Infringement - What is the Overall Impression?

Mon, 17 Oct 2005 12:38:22 -0400

The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.

Section 10 of the Trade Marks Act 1994 provides, so far as is material: '(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark '.

The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark 'DRAGONFLY' in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for 'DRAGONFLY', combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about �1 million.

Intellectual Property: Design - Spare Parts

Sat, 15 Oct 2005 20:43:13 -0400

In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions.

Intellectual Property: The ECJ Extends the Use of Trade Marks to Goods and Services

Fri, 07 Oct 2005 18:12:44 -0400

The European Court of Justice ("ECJ") ruled in Praktiker Bau- und Heimwerkermärkte (C 418/02) that a trade mark that is now in use by a company on its goods can be extended to cover the services provided by this company.

Intellectual Property: Patent Infringement

Sun, 18 Sep 2005 10:41:30 -0400

In the case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005), the claimant, the proprietor of a European patent for a pump and control system, brought proceedings against the defendant for patent infringement. The patent is for a pump for delivering solvent under pressure to high-pressure liquid chromatography columns. In particular, the patent relates to the control of the flow rate of the pump by altering the stroke volume and the frequency of reciprocation of the pistons.

Intellectual Property:Trade Mark Infringement - Pharmaceutical Product - Exhaustion of Rights

Sat, 03 Sep 2005 14:05:34 -0400

In the case of Bolton Pharmaceutical Co 100 Limited -v- Swinghope Limited and Others [2005], the claimant was the new owner of a trade mark registered in respect of a pharmaceutical product which was commonly used to treat hypertension. It acquired the product from AZ, another pharmaceutical company, in September 2004, who had previously sold its trade mark rights to a Spanish company.

Intellectual Property - What It Is

Sun, 07 Aug 2005 05:58:38 -0400

Intellectual Property (often just called "IP") is a general term covering patents, trademarks, designs, copyrights, geographical indications and in some countries the concept of "unfair competition".