intellectual property

Tuesday, November 23, 2010

Ambush Marketing and the FIFA World Cup

By Ruth Brandstaetter and Margit Nemetz
At the FIFA World Cup 2010, "Ambush Marketing" was again in the headlines.

"Ambush Marketing" stands for a special kind of marketing campaign where companies cleverly connect their goods or brands with a popular, often athletic, event, such as the World Cup. Ambushers often try to catch a free ride by paying no sponsorship fees but making consumers believe they are official sponsors of the event. From a legal point of view, Ambush Marketing ranges from creative strategies that do not break any law to clearly illegal uses of logos, phrases, slogans and the like.

Sports as a prime target

McDonald's was the official sponsor of the Beijing Olympics. But in the lead-up to the games, KFC used the marketing slogan "I love Beijing", while Pepsi replaced its usual blue cans with red ones "to show their respect for the year of China".

During the 1996 Atlanta Olympic Games, referring to their new mobile phone, Telecom New Zealand Ltd was successful with an ambush advertisement containing the word "ring" (for the sound of a ringing phone) arranged five times like the Olympic rings and in the Olympic colours.

McDonald's was also at work during the 2006 FIFA World Cup. Its Austrian advertising campaign showed the Federal Chancellor Wolfgang Schssel holding up a red-white-red scarf (the colours of the Austrian flag) saying "AUSTRIA IS WORLD CHAMPION".

The 2010 FIFA World Cup

For the 2010 World Cup, FIFA had its hands full trying to ensure that only official sponsors advertised their brands in connection with the event.

The Dutchy girls

They were all over the media - the 36 women who attended the Netherlands - Denmark match in South Africa wearing matching orange dresses emblazoned with the "Dutchy" beer logo. Bavaria brewery supplied the dresses for promotional purposes during the FIFA World Cup. The trouble is, Bavaria was not an official World Cup 2010 sponsor; Budweiser, a competitor, was. The stunt was a fine example of unlawful Ambush Marketing. The women were escorted out of the stadium but the goal (and then some) had been accomplished: increased exposure of Bavaria's trademark without having to pay official sponsorship fees.

Kulula Air

Kulula, a South African airline who was not an official sponsor, placed ads with the slogan: "UNOFFICIAL NATIONAL CARRIER OF THE 'YOU-KNOW-WHAT'". In the ad the national flag, footballs and a special kind of plastic horn used by South African fans at soccer matches (the so called "vuvuzela") were shown. Kulula is generally known in South Africa for its humorous advertising. According to various reports on the internet, FIFA warned Kulula that the combined use of these attributes created an unauthorised association with the event and was illegal.

Kulula reacted to the warning by placing new ads with the slogan "NOT NEXT YEAR, NOT LAST YEAR, BUT SOMEWHERE IN BETWEEN". The new ad shows a bridge resembling the Cape Town World Cup stadium and golf tees looking like vuvuzela with the accompanying text "Definitely, definitely a golf tee", and other pictures with humorous remarks.

Although all such activities may be considered Ambush Marketing in the advertising sense, from a legal point of view we need to differentiate.

Direct v. indirect ambush marketing

Direct Ambush Marketing activities, such as the unauthorised, illegal use of a registered logo on merchandising goods, or a false or misleading claim to be an official sponsor of an event, clearly constitute infringements.

Indirect Ambush Marketing, on the other hand, is more subtle and falls within a legal grey area. Mercedes' indirect Ambush Marketing campaign at the New York City Marathon 1997 is famous. Although Toyota was the official automotive partner of the marathon, Mercedes had its name written in the sky above the event by aeroplanes.

Another example is Media Markt's "We will get the title" campaign at the 2006 FIFA World Cup in Germany, or the previously mentioned KFC slogan "I love Beijing".

Smart indirect ambushers link the sponsored activity to their brand without violating trademark or copyright rights. The question is whether the campaign leads to unlawful consumers associations or other infringements, such as unfair competition.

Trademark protection

Ambushing clearly breaches intellectual property laws when trademarks are used without a contractual right or licence and trademark rights are infringed. According to the Austrian Trademark Protection Act (Markenschutzgesetz; MSchG) not only the use of an identical sign but also the use of a similar sign with a likelihood of confusion may be illegal. The protection of trademarks with reputation is even stronger. The owner of a trademark with reputation may request third parties to refrain from using an identical or similar sign for goods or services which are not similar to those protected under the trademark.

Unfair competition

Complementary to trademark law, designated regulations of the Austrian Act against Unfair Competition (Gesetz gegen Unlauteren Wettbewerb; UWG) supplement intellectual property law. Unfair business activities include misleading business practices (Sec 2 UWG), imitation marketing of corporate brands (Sec 9 UWG) and other unfair business practices falling within the general clause of Sec 1 UWG. Furthermore, according to the Austrian Supreme Court, an unfair exploitation of the good reputation of an event or false allegations in advertisements misleading the public about the status of the ambusher as an official sponsor may be considered as unfair competition.

Copyrights and personal rights

Intellectual creations in the area of literature, photography, music and art enjoy (without registration) copyright protection under the Austrian Copyright Act (Urheberrechtsgesetz; UrhG). Personal rights such as the right to one's own image may also be violated by an advertising campaign (see the previous Chancellor Schssel example).

Remedies

To the holder of intellectual property rights, Austrian law provides for remedies such as an action for preliminary or permanent injunction, compensation, orders for disposal and destruction or publication of the judgement. The holder of rights may also initiate criminal proceedings against the infringer in various intentional cases.

However, Ambush Marketing campaigns are usually short-lived. Those associated with the 2010 World Cup will end in July when the event ends. That means that a court injunction would probably come too late. Even preliminary injunctions do not provide for much protection in the ambush competition. Ambush Marketing cases are therefore rarely actionable and the claimant will usually be referred to damages - but damages are hard to prove.

What You Should Know About Copyright

By Maria Anassutzi
Copyright (as opposed to patents or registered trademarks) arises automatically without the author having to comply with or observe any formalities. What it is required is that the work has certain requisites. In this case the protection arises automatically as soon as the work is recorded in electronic or paper form.

However, authors of copyrighted work should still identify and safeguard their copyright works. This can be done by (i) identifying all materials that are likely to have copyright protection; (ii) ensuring that proper ownership and licensing arrangements are in force; (iii) ensuring that appropriate copyright assignments and waivers of moral rights were included in the written agreements commissioning the materials and if this was not the case, arranging for separate copyright assignments and waivers to be obtained from the third parties; (iv) keeping proper records. Authors should sign and date their works and, where relevant to the term of copyright, the date of first marketing of articles should be recorded. These records can then be used as the basis for any infringement action. Actions can fail if the claimant cannot prove subsistence of copyright or ownership.

Although not necessary, as a matter of law, to gain protection, it is useful to include on copyrighted materials a notice in accordance with the Universal Copyright Convention, that is [year, "Copyright [name of publication]" copyright owner]. This serves to warn anyone using the work that copyright exists and that action may be taken if the work is copied.

Depending on the type of work involved, additional text can be included with the copyright notice. This might include: (i) text prohibiting the reproduction of any material whether by photocopying or storing in any medium by electronic means or otherwise (this does not affect the legal position but serves as a reminder and might also be useful in preventing any user from arguing that there was an implied licence in its favour permitting copying or storage);warnings stipulating that the doing of any unauthorised act in relation to the work will result in both civil and criminal liability; (ii) warnings that any copying will result in criminal or civil action; (iii) a form of disclaimer to provide protection for the author and the publisher if use is made of opinions or views expressed in written materials.

Increasingly, the onus is upon the rights-holder to enforce his rights and, unless he does so, he may lose the rights, at least against a persistent infringer (this is clearly evident in the field of trademarks, where rights can be lost if not asserted. It is therefore important to put the infringer on notice and to keep a record of doing so. Speed of notice and action may be important if immediate injunctions are required. A delay of, say, a month may be fatal to such an application. This is because in order to succeed the claimant will have to argue irreparable damage caused by the infringement and any delay in bringing proceedings may count against that argument.

An important part of the protection and exploitation process is to ensure that everyone within an organisation is aware of the potential value of copyright works and how to protect them. As suggested above, a system needs to be put in place to ensure that proper reviews and record-keeping arrangements are implemented on an ongoing basis, combined with sensible and appropriate use of copyright notices and warnings. The fact that there is no registration regime for copyright makes it particularly important to be proactive in dealing with potential infringements and putting third parties on notice.

In fact, increasingly, the onus is upon the intellectual property owner to enforce his rights and, unless he does so, he may lose the rights, at least against a persistent infringer (this is clearly evident in the field of trademarks, where rights can be lost if not asserted. Speed of notice and action may be important if immediate injunctions are required. A delay of, say, a month may be fatal to such an application. This is because in order to succeed the claimant will have to argue irreparable damage caused by the infringement and any delay in bringing proceedings may count against that argument.

This article is for general purposes and guidance only and does not constitute legal or professional advice.

Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

Maria is founder and director of Anassutzi & Co limited a specialist legal and business strategy consultancy having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.

Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.

Protecting Catchphrases, Slogans and Taglines

By Ashley C L Brown
A catchphrase, slogan or tagline is an expression usually popularized by continued use by individuals, groups or companies. Oftentimes, people who own the intellectual property rights to these expressions wish to do everything they can protect them legally, (as they should), but are unsure what type of protection is available and what to do.

To begin with, there are three main types of intellectual property: patents, copyrights and trademarks. Patents are property rights granted by the government to inventors for their inventions. Copyrights protect "original works of authorship" that have been tangibly expressed, whether published or unpublished. However, catchphrases, slogans or taglines are subject to protection by trademark, which covers words, symbols, sounds or colors that distinguish goods from others and that indicate their source. Likewise, a service mark provides the same protection as a trademark, but for services.

Regarding how to safeguard a catchphrase, slogan or tagline with a trademark or service mark, technically, you do not have to register anything with the government, but only have to be able to show a legitimate use of the mark in order to establish rights to it. Nevertheless, it is a good idea to use the "TM" or "SM" designation to alert the public to your claim, which may be done without any kind of filing or registration.

Lastly, the best way to protect your catchphrase, slogan or tagline is to register it with the United States Patent and Trademark Office, which can be found at www.uspto.gov. Once the mark is registered with the USPTO, you may use the symbol ® in connection with the goods or services listed in the trademark registration. Having a federal trademark registration provides many benefits, most notably the ability to bring a lawsuit in federal court and a legal presumption of the registrant's ownership and exclusive right to use the mark.

Before a catchphrase, slogan or tagline is used, a trademark search should be conducted. This should be done to determine whether someone else is already using a mark that is identical or similar to the one you want to use. In order to have a professional search conducted and to ensure that the application and registration procedures are handled properly, be sure to retain competent legal counsel to assist and represent you in the process.

Ashley C. L. Brown is an attorney specializing in business and entertainment law. He provides legal services for companies and individuals in Orange County, Los Angeles and the surrounding areas of Southern California. For more information, please visi

Protecting Intellectual Property Rights While Filing for a Chapter 11 Bankruptcy

By Aaron Kellly
Think back to the time when you first conceived your idea for a business and how excited you were to jump right in and get started on building your very own company. One of the first things you did was contact an experienced attorney to find out which business filing would be best for protecting you and your business. Your attorney helped you register and organize your business and you set about the task of growing a successful company.

During the course of running your business, you also sought advice of an attorney to assure all your intellectual property rights were fully protected from infringement by others. That was one of the smartest things you could do because now you find yourself in the position of having to file for a Chapter 11 Bankruptcy to try and put your company back on solid financial footing, and those are the most important assets you have.

If you now find yourself having to make the hard decision of whether or not to file for Chapter 11 reorganization, it is critical to know what your options are. Most people when they think of bankruptcy believe it is merely a way out of debt, that you sell off all your assets, pay off as many debtors as you can, and you close up shop.

The process and rules for filing bankruptcy under Chapter 11 is set up differently, allowing for companies that are having severe problems staying afloat to gather their assets, assess their damages, and then given a grace period in which to try and reorganize their business so that they can regain their rightful place in the business world.

You are going to want to seek advice from an attorney who is experienced with not only the complexities of the Chapter 11 Bankruptcy Rules but one who is savvy when it comes to protecting your intellectual property rights. You will have some very important decisions to make, i.e. whether or not you think you can revive your company with the right help and guidance, or whether you have to walk away and take your losses. Either way, you want to definitely be able to keep your intellectual property rights intact until you are able, once more, to utilize them. They are as much of you as they are your business.

Long gone are the days where you merely set up shop and went about providing services to the public. In today's technologically advanced world, you need the expertise of an attorney who can not only guide you through the entire complex bankruptcy procedure in a way that is beneficial to you financially, but an attorney who understands just how important your creative ideas are and who knows how to protect them while you attempt to reorganize or close your business.

Hiring an attorney who specializes in both Chapter 11 Bankruptcy and Intellectual Property Rights is the first step you should take in assuring that your future business and creative ideas don't become lost in the shuffle of bankruptcy.

DIY Correspondence With the USPTO

By David Faux
Due predominantly to technology advances over the past few decades-the computer and Internet, above all-consumers of legal services have become more sophisticated in determining exactly what they need from an attorney. Moreover, there is much more legal information available to the general public. Therefore, more and more lay people are representing themselves in their own matters, whether it be setting up a corporation, registering a copyright, or even litigating.

In my opinion, this is a mistake. Most first-year attorneys know just enough law to cause a lot of trouble for themselves and their clients, regardless of the underlying legal matter. Sure, that first-year attorney will likely work his way out of that trouble, but it can be a long rollercoaster ride, and somebody will have to pay for it. The level of trouble caused can be increased exponentially with a lay person who has never attended so much as a day of law school.

Regardless of my opinion, this is the world we live in. It is your right as a United States citizen to represent yourself on your own matters before any governmental body. Of course, it is also your responsibility should anything go wrong. You will not be able to claim ignorance to the court. That might find you some wiggle room in motion practice, but never works with more serious matters, such as securities, patent, trademark, and contracts. Again, think long and hard about what you are "saving" or otherwise "getting" in exchange for representing yourself on a serious legal matter. And follow the advice that I received as a first-year associate from one of the most senior partners of the firm: he looked at me with a fatherly smile and said, "Whatever else you might do, don't mess it up."

II.Correspondence with the USPTO

When dealing with the United States Patent and Trademark Office (the "USPTO") about registering your trademark, it may be difficult to know what is expected of you. The good news is that you are not unique: everything you are attempting has already been accomplished (or restricted) hundreds or thousands of times before this moment. Hence, for every question you have about a characteristic of your trademark, there are a multitude of marks with that same characteristic.

A.Registering A Composite Mark

For example, an applicant to the USPTO may have a composite mark that incorporates words in stylized font (the brand name) with a graphic and sometimes a slogan to be used on a variety of classes, such as pants, collared shirts, and t-shirts. With so many elements, the applicant might only fit the words in stylized font on the hangtag of all three items, the graphic on the front of the collared shirt (e.g., Lacoste's crocodile), and all the elements on the front of the t-shirts. So the applicant wants to know whether to file one or more applications with the USPTO.

The first step is to brainstorm marks that have these elements of a brand name, graphic, and slogan. This may take a lay person a long time to perform the research through Google, going through one's closet, watching television commercials, or whathaveyou. But keep in mind that these characteristics are not particular to clothing. One relevant mark would be RINGLING BROS. BARNUM AND BAILEY CIRCUS, which has the "globe" graphic and the slogan, "The Greatest Show on Earth." Another mark would be BUDWEISER, which has the eagle emblem with the slogan, "King of Beers."

Once you have thought of an established mark that shares your situation, go to www.uspto.gov, "Search Marks," and perform a "New User Search Form" for that mark. Make sure you view only the "Live" results, so that you do not unwittingly repeat a mistake from a mark that is "Dead" because it did something wrong in the application process.

Once at the mark's page, you will see four cells across the top labeled "TARR Status," "ASSIGN Status," "TDR," and "TTAB Status." Click on "TDR," which stands for "Trademark Document Retrieval." Once there, you can look through the applications, specimens, and all correspondence.

Of course, because you are viewing how an established company prosecuted their application, it will seem that they spared no expense. For instance, Ringling Bros. has several marks: the stylized brand name, the graphic, and the slogan; just the slogan; just the brand name; the graphic and the slogan; etc. Each mark cost them a minimum of $275 in government fees, plus what they spent in legal fees.

Assuming money is an object for you, you may want to file one mark with all the elements. If a competitor starts using one of the elements, you may have a cause of action for infringement. Alternatively, you may want to file the word mark as your primary brand indicator upon which to build. But this depends on too many factors that are particular to your situation. Giving specific advice in a general article like this is a "one-size-fits-none" prospect. Stating, "All start-up companies looking to save money on trademark applications should feel comfortable filing x," is too risky for an attorney. Such a statement is simply untrue for a significant percentage of businesses. This is why attorneys have that annoying habit of responding to such questions with, "It depends. Here's my card if you want to call me and talk about it." It might be annoying, but it is the best advice a responsible lawyer can give.

B.Opposing a Registration and Other More Complicated Matters

Such research may work for more complicated trademark issues, as well. Naturally, the more involved the issue, the more involved the research.With something like an opposition to a trademark, you could easily spend hours upon hours looking in the TDR sections of a multitude of marks before finding anything remotely useful.

In these situations, you should remember that the USPTO probably has some guidelines or even sample forms for you to use. A case in point arises when you wish to oppose a registration. Here, you would want to poke around the USPTO website to see if anything is on point. This should lead you to "File Forms Online." After looking through all the forms available to see which are most applicable, you should arrive at "Letter of Protest" under "Petition Forms." This should get you going.

Finally, as frustrating as it might be, you can always call the government directly. The people at the USPTO are actually quite friendly, albeit overworked. Expect to be on the phone for a while.

As to the specifics of what to put into the correspondence to the USPTO and what evidence to include for your opposition... well, it depends.

III.Conclusion

It always sounds a bit disingenuous for an attorney to say, "You need an attorney." As they say, to a hammer, every problem looks like a nail. However, the reason there are attorneys that do only trademark is because there are very sophisticated issues at every stage of the trademark application process.

Surely, you can blast something off to the USPTO and hope for the best. But a good attorney will be able to collect the entire universe of significant facts about your personal and specific situation. These facts will be used to make sure that you do not do too little to protect your mark.

Also, with trademark, you have to be careful not to do too much, either. For example, when filing a TEAS Plus application, you might be tempted to select all the options given under a specific International Class. However, claiming items under an International Class for which you are not engaged in commerce can void your entire application, even years after you have established exclusive use. Therefore, proceed carefully.

More on Digital Economy Act 2010

By Maria Anassutzi
Further to my article on Digital Economy Act (Act), which imposes:

1. Obligations on internet service providers aimed at reducing online infringement of copyright.
2. Power for the Secretary of State to block an internet location, that is being used in connection with copyright infringement.
3. New duties for Ofcom to report, every three years, on the UK's communications infrastructure, internet domain name registration and how media content contributes to the public service objectives.
4. Power of intervention in relation to internet domain registries.
5. Extension of the range of video games that are subject to the classification requirement.
6. Increased penalties for copyright infringement.
7. Changes to the public lending right.

The Act requires Internet Service Providers (ISPs) to undertake an active role to fight online copyright infringement. In particular, the Act requires that ISPs must:

* Notify their subscribers if the internet protocol (IP) addresses associated with them are reported by copyright owners in a copyright infringement report and the information in it (CIR) as being used to infringe copyright.
* Provide, on an anonymous basis, copyright infringement lists (CILs) to copyright owners. This provision will only apply to subscribers about whom the number of CIRs has exceeded a set threshold, agreed in an initial obligations code. With this information, a copyright owner could apply to the courts to obtain the names and addresses of those subscribers on the list.

The costs involved in ISPs' performing their compliance obligations are to be apportioned between copyright owners and ISPs and, in the case of subscriber appeals, the subscriber concerned are to be determined by an order of the Secretary of State.

As I explained in my previous article, the Act also requires that the initial obligations were supported by a code of practice to be made by industry and approved by Ofcom or, if no industry code was put forward, made by Ofcom. The code had to be made within eight months of the Digital Economy Act coming into force but this deadline was recently extended by a further three months.

To progress the above points, the government issued a consultation which ended on 25 May 2010. Based on this, the following were agreed:

* Copyright owners would bear their own costs in detecting infringements, sending CIRs to ISPs, and the cost of any legal action.
* The government concluded that there should be no fee for subscribers to appeal against a notification letter. However, the government retains the power to introduce a fee at a later date should it become clear that a large number of vexatious appeals result.
* Copyright owners and ISPs would share the cost of processing the CIRs, maintaining the infringer lists and issuing any notifications to subscribers in the ratio 75:25, via the payment of a "flat fee" payable by the copyright owner for each CIR sent to an ISP.
* ISPs and copyright owners would share the costs incurred by Ofcom in relation to implementation of certain provisions of the Act.

The above were not without controversies:

On the one hand, copyright owners argued in their responses to the consultation, that the costs covered did not take account of the resources they were required to commit in order to investigate and notify infringements, and also ignored the economic benefit to ISPs, for example, in reducing the stress caused to networks through widespread infringement. They also maintained that the 75:25 split was entirely arbitrary. In relation to Ofcom's costs, they argued that the split should be split 50:50. The copyright owners also contended that a refundable, affordable fee should be charged for a subscriber to appeal against a notification letter, since otherwise there was a real risk of vexatious appeals and campaigns to overload the system.

On the other, most ISPs who responded argued that copyright owners, as "sole beneficiaries" of the initial obligations, should bear all of the costs associated with them since otherwise a "copyright enforcement" tax would be imposed on innocent customers, and cost-sharing could reduce broadband uptake and slow down essential innovation needed to solve the problem of copyright infringement.

Finally, consumer groups felt that there should be no fee for appeals, and two out of the four consumer groups who responded felt that all costs should fall to copyright owners, since most broadband subscribers did not infringe copyright, but any cost to the ISPs would be passed on to all of their subscribers.

This article is for general purposes and guidance only and does not constitute legal or professional advice.

Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if

Ways To Protect Your Own Intellectual Property

By James Phange
Intellectual Property is term commonly used nowadays but only few people have really grasped its meaning. Not too many people understand the legalities involved. Intellectual Property is any intangible asset that consists of human knowledge and ideas. This includes patents, copyrights, trademarks and software. Wherever you are in the world, it is necessary for an individual, a business or an organization to protect and secure its trademark or identifiers. It is powerful in the sense that it can bring in economic growth and increase wealth; may it be for an individual or a business.

Vast information is rising and technology has been constantly evolving. Anything can go wrong since abuses to one's trademark are inevitable. So being online means grasping the challenges of intellectual property: to protect what may be one of your major assets and respecting the rights of intellectual property owners and users.

Be always on the lookout to protect your own interests. A responsible intellectual property owner must conduct a review of his or her intellectual property assets constantly.

Here are some tips to secure what it rightfully yours.

1. Registration - Get your ideas, trademark, or patent registered.

2. Invest in getting legal advice

3. Research and read - Although it is best to listen to what your lawyer has to say, it is still smart to bone up on knowledge regarding intellectual property.

4. Portray a complete image - See to it that you have already considered all the angles involved in your concept before you let the whole world know about it. A good deal of planning with thorough research is very significant.

5. Respect the work and ideas of others - The idea of others may help you in formulating your own trademark but see to it that your concept is all original. As much as you want to protect what is your intellectual property, others are also securing their own.

6. Get real! - It does not come hand in hand that when you have an idea, it will be a great success. It takes an extra mile of effort to make the brand a success.

7. Be competitive - You may not have a competition now but others may come up with the same concept in the near future. So why will you put off protecting your brand. Legal protection will give you the chance to participate in entrepreneurship seminars where you can learn more marketing strategies.

8. Non-disclosure Agreement - This document is necessary to ensure that business partners or new hires will keep the company's trade secrets protected.

9. Legal Security - The national government has existing laws that increasingly recognizes the value of intellectual property and is taking steps to protect your rights of ownership.

10. Have patience - Continue to develop your concept while the license or copyright to your trademark is being processed. This process takes time but our trademark lawyers are here to assist you and make things as convenient as possible.

Notary public parramatta sydney takes pride in offering professional legal services that touch the lives of others, and positively influence the community around us. It is our pleasure to serve people and serve the community. We believe that this approach is both generous and provides an easy to understand practical solution in what can often be a complex logistical problem.

What Does A Patent Lawyer Do?

By Alan Flemming
If you are considering a new invention, a patent lawyer is needed to protect your idea. While most people understand that a patent is necessary to keep others from stealing your ideas, many are unclear as to what a patent lawyer does. Here is what to expect from a lawyer who works in patent litigation.

The patent application process is very complex and can be difficult to navigate. In order to ensure that your information is properly protected, the patent lawyer will help you walk through the navigation process. A good one will help you decipher to nuances of patent law, and make sure that you understand the laws as well. It is said that every successful business launched on a new idea was protected by a lawyer. In other words, the person responsible for the invention did not fill out his or her own patent application. The lawyer's assistance can be invaluable.

Remember, however, that this cannot be any generic attorney. A patent lawyer specializes in a very complicated specialty. If you want control over your ideas, you need to hire one. Otherwise, someone else may find a loophole in your application and steal your idea out from under you.

This protection makes a big difference. If your idea is not protected adequately, you will be more protective of it. But if you have a valid patent, you are more free to discuss your idea with others, knowing that it is yours. However, if an application is poorly-written, you may have the illusion and feeling of security. Then, if you act that way and you actually are not secure, you may wind up losing your idea, and the potential that comes with it.

8 Steps IP Lawyers Should Take To Improve Their Email Marketing And Attract Clients

By Eria Odhuba
If you are an Intellectual Property legal services professional whose email marketing campaigns have failed miserably in the past, then this article will show you what you need to work on in order to be more successful.

You should not abandon email marketing campaigns altogether, but improve them in order to attract and retain clients.

When IP legal services professionals use emails effectively during marketing campaigns, they should:

1. Educate prospects, and not simple list the services they provide.
2. Point prospects and clients towards resources that answer questions they may have. This could be reports, articles, webinars, seminars or presentations.
3. Show prospects and clients how to achieve desired outcomes. Great examples of this are step-by-step guides prospects can download or order, and which give some sort of road map that would need to be followedto reach a certain conclusion.
4. Form part of a well-planned sequence of online and offline communications to prospects that helps build trust and stops IP legal services professionals being perceived simply as intrusive salespeople.

Some of the key mistakes IP legal services professionals make that result in poor email marketing campaigns include:

1. Email headers that get emails more likely to be captured by SPAM filters.
2. The lack of personalisation, which means readers are less likely to feel the email is important to them.
3. Emails that do NOT have any information that is of value to readers - just stuff about the company or IP legal services professional(s), types of services provided, length of time principle players have been in practice, qualifications, etc.
4. Emails with no call to action - i.e. with nothing that would get readers to respond with a specific action within a given time or to take advantage of an extremely good offer.

Given the above, here are a few things IP legal services professionals should do to make sure their email marketing campaigns are affective and, more importantly, produce measurable results that can be monitored:

1. Think about a specific end-goal for each email. What actions do you want the reader to take after the reading the email? Keep the desired response simple. For example, do not try and get prospects to download a free report AND call you to book a free consultation at the same time. Try to aim for one or the other.
2. Learn how to write effective headlines. If you don't capture a reader's attention with the headline, they will lose interest immediately.
3. What resources do you have that your readers are dying to get hold of, and which the email is promoting? Do you have reports, webinars, interviews or demonstrations that address your readers' fears and frustrations? If your answer is yes, then your email should explain how the information you have will give readers the end result they are looking for or need. If necessary, get a copywriter to draft your emails if you don't have the time to learn how to write powerful emails yourself.
4. Do you have a call to action that increases the sense of urgency for readers and gets them to respond within a given time to your marketing campaign? If not, you better think of one.
5. Are you selling your services directly in the emails you send out? If so, how about stopping and focusing on the information you have available for prospects and clients. If you are as good as you say you are, the prospects you want to attract will come to you. You don't want to do the written version of picking up the phone and cold calling. The results are the same the and the feeling you get is no different...sick!
6. Have you prepared a sequence of emails to your target niche in order to keep them updated on the information you have available, or webinars/seminars you are running to show them how to solve their problems? On average, it takes 7 touch points before prospects buy anything. Plan for this, but make sure the email sequence is logical and moves prospects down a sales funnel.
7. Use autoresponders to capture your prospects details and systemise your email communications. I use AWeber, but there are other companies out there that have great tools you can explore as well.
8. Think about the timing of emails you send out - readers are less likely to act on marketing emails sent at 9.30 am on a Monday compared to 2 pm on a Wednesday as they recover from weekends and are making plans for the week ahead. Tuesday, Wednesday and, to a lesser extent, Thursday are the best days to send emails out to prospects.

If you want to create a position of authority within a target niche as an IP legal services professional, and get prospects contacting you for your services, you need to think carefully about how you craft your emails and plan your email marketing campaigns. Getting your readers' attention is absolutely vital if you want to prevent your emails being deleted, getting caught by SPAM or simply ignored...not the kinds of thing you what happening when trying to attract new clients.

Eria works with IP legal services clients to correct one of the biggest mistakes made today...trying to sell services to cold lists.

With a detailed focus on understanding what prospects really need, and developing platforms to provide information that addresses those needs, Eria helps IP legal services professionals build a position of authority and trust within target niches. The end result is closer relationships with prospects, who then make the decision themselves to ask for your services instead of feeling hassled by sales people.

Eria knows the value of making sure your IP legal services work fits in with the goals and lifestyle you want. But you don't get that if you can't generate leads, grow your business and get the kind of clients you really want to work with.

Protect Your Intellectual Property With Help From an IP Lawyer

By Tim Bishop
While it might be easy to consider how something physical such as a corkscrew could be patented, it is perhaps less easy to grasp the concept of intellectual property. But the protection of an idea which you have developed is just as important, should that development be contained within a new process or piece of software, or in a brand that inspires people to carry on buying your product range as a result.

International law now has methods of protecting those with bright ideas. The 1967 convention that established the World Intellectual Property Organisation argues that intellectual property protection "shall include rights relating to:

- literary, artistic and scientific works

- performances, phonograms, broadcasts etc

- inventions in all fields of human endeavor

- scientific discoveries

- industrial designs

- service marks, commercial names, designations and trademarks

- protection against unfair competition and it also enforces all other IP rights resulting from the industrial, scientific, artist or literary activities."

There are several legal avenues to follow, depending on what type of intellectual property you are trying to protect. Copyright can also apply to art work, books and scientific publications; and to performances from artists, phonograms and broadcasts.

Copyright is also used by companies which want to protect their public brand name, which has a high value in relation to bringing in custom. Another method of doing this is to use trademarking to protect the brand wording.

Intellectual property as a concept can apply equally to new inventions as to new designs. A individualist idea which takes current technology one step further into the future is often patenable, which will protect it from being copied by others. As an example, James Dyson's concept for a better vacuum cleaner, using cyclonic technology, has been protected by the registering of patents; these have enabled Dyson to defend its concept against other vacuum cleaner companies who tried to copy the technology and introduce similar machines of their own.

An early consultation with an IP lawyer will establish the best way to protect your idea or concept against being copied by others. The fact that you will have sought protection, before showcasing your idea to the wider market, will give others who believe they were working on the same idea/project the opportunity to come forward.

Bonallack & Bishop are a firm of specialist IP Lawyers. For expert advice on IP rights, contact one of their IP solicitors today. Senior partner Tim Bishop is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.

Is This The End Of The Copycat Era?

By Lewis Round
It is currently estimated that approximately 7.5 million people worldwide are engaging in illegal file-sharing, with 95% of all music files exchanged online being unlicensed and unpaid for. Media files are shared between internet users through file-sharing software, such as Kazaa and Limewire, which can be easily downloaded. The rise of file-sharing online has caused enormous losses to the music industry in particular, with an estimated £1.2 billion being lost last year. In light of this, it is no surprise that Parliament have sought to tackle the huge global problem of online copyright infringement.

By definition, the internet is a worldwide phenomenon, which is constantly used by billions of people every day. The global nature of the internet and online file-sharing has made it particularly difficult for Parliament to prevent online copyright infringement. The Digital Economy Act 2010 (DEA) received Royal Assent on 8th April 2010 and has now been passed in an attempt to solve this problem. Since its introduction, the Act has caused much debate.

The DEA has imposed a degree of responsibility on Internet Service Providers (ISPs), who are now obliged to monitor the online activities of internet users. If an ISP catches an internet user file-sharing, they must issue them with a warning. ISPs are also obliged to provide lists of copyright infringers to the copyright holders.

However, by far the most controversial aspect of the DEA is that it permits the court to order an injunction, effectively cutting off an individual's internet connection. Under the Act, internet connections can be blocked at "a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that infringes copyright". In deciding whether to grant an injunction, the court takes into account amongst other things whether the injunction would be likely to have a disproportionate effect on any person's legitimate interests and the importance of freedom of expression.

Some have argued that access to the internet is a fundamental human right that should not be interfered with. Also, it could have adverse effects on innocent parties who have their internet access blocked by virtue of another's illegal act. For example, withdrawing internet connection to an entire internet cafe because one user is found to be file-sharing. On the other hand, others argue it is the only way to put a stop to the ever-increasing and long-lasting problem of online copyright infringement.

The introduction of the DEA is a symbolic landmark for record labels, as it will both: (i) help deter further illegal file-sharing; and (ii) assist them to sue those that continue to infringe copyright. Previously, it has been difficult for record companies to sue file-sharers as they have not been able to identify who is actually responsible. However, legal action has become a realistic prospect as under the Act, as ISPs have a duty to provide lists of copyright infringers to infringers copyright holders. This now helps enable record companies across the world to bring action against those exploiting the internet.

The vast majority of legal disputes that do occur between record companies and copyright infringers tend to settle out of court. However, those seeking to defend their innocence should be weary in light of the relatively recent US case of Record Industry Association of America -v- Thomas 2007. The Defendant could have settled out of court for around $4,000, but instead opted to fight the case. At trial, the court found that the Defendant to have illegally downloaded 24 songs and ordered that she pay $9,250 per song to the Claimant. She was therefore liable to the Claimant for a total of $222,000! A controversial aspect of the case was that the Defendant was found liable despite the Claimant failing to prove that the songs on her computer had actually been transmitted to others online. Rather, the act of merely making them available to copy was enough to hold her liable.

If you wish to take action against copyright infringers, it is necessary seek legal advice from an Intellectual Property Law specialist. The radical changes the DEA has introduced could well be the beginning of the end for a long era of bootlegging in the digital age.

Eight Tips For Inventors Planning To File A Patent Application

By Frederic Douglas
1. When you get your stroke of genius and come up with an idea, WRITE IT DOWN! You need to create a record of invention before going any further.

You should list:

(a) A full and complete description of your idea;

(b) The date (very important);

(c) Your signature; and

(d) Dates and signatures of at least two people to witness and understand your having invented your invention.

2. Don't blab about your invention to anyone without a written confidentiality agreement.

3. Keep written records of your progress in developing the invention:

(a) Write down all modifications, experiments, alternatives, and other details.

(b) Keep copies of any emails, notes, letters, text messages or anything documenting discussions with others.

(c) Keep receipts for anything that you buy for your invention, including parts, software, consultant costs, marketing costs, advertisements, or anything having to do with your invention.

(d) Yes, these records must be in writing and dated.

4. Assess the marketability of your invention.

Rule of thumb - total sales should be twenty times or more of the cost of inventing and patenting your invention. A suggested rule of thumb to determine whether your invention will sell well is that the total sales will be at least twenty times the cost of inventing and patenting it.

5. Do a patent search:

(a) Is your invention novel?

(b) What is the prior art?

(c) If you are improving on something that has already been patented, is your invention a new physical feature, a combination of prior separate features, or a new use of a prior feature?

(d) If you are improving something that has already been patented, is your invention not obvious?

(e) Does your invention produce a new and unexpected result?

6. Plan on filing your patent application sooner rather than later.

(a) Only one year grace period after public disclosure in U.S.

(b) Only 6 months in Japan.

(c) No grace period in Europe.

7. Consider the pros and cons of filing a provisional patent application:

(a) First things first - it is not a "provisional patent." It is a "provisional patent application." Do not trust anyone that does not bring up the fact that the provisional patent application never automatically becomes a regular patent application without doing something extra. There is no such thing as a provisional patent. Remember this; the patent office doesn't even read your provisional application. They just take your money and stamp it with a date.

(b) Pro: Save money and time. Saves your place in line before competitors, while you can work on marketing, developing technology, and deciding whether to expend additional funds. Big companies often file provisional patent applications.

(c) Con: Why wait? If a competitor files a regular patent application while you have only filed a provisional patent application, then the competitor will probably beat you in getting a patent first. If your place is save in line, but the other person is ready to buy their ticket, you're out of luck. To prepare a quality patent application, you have to spend a great deal of time stressing over many details. If you spend the time to do it right for a provisional, you lose nothing by filing a real application now.

New Codes for Advertising in the UK in Force From 1-9-2010 - A Quick Checklist of the Key Changes

By Maria Anassutzi
CAP (British Code of Advertising, Sales Promotion and Direct Marketing Code) and BCAP (Broadcasting Advertising Standards Code) were revised in March 2010 following a public consultation and have now come into effect.

The new rules reinforce the principle that "all advertising should be legal, decent, honest and truthful" and contain a number of key changes regarding consumer protection and social responsibility.

In particular,
~Television and radio advertising has been consolidated in one new broadcast Code;
~Television and radio advertising is required to have regard to and consider social responsibility;
~The new broadcast and non-broadcast Codes contain similar rules in key areas such as misleading advertising, harm and offence;
~The new Codes are designed to be simple, user-friendly providing useful guidance.

Key changes

Consumer protection:
~ The new Codes include clarification on how to use the word "free" and other qualifications in marketing communications.
~ Price statements must take into account guidance from BIS.
~ The new CAP Code will contain a specific requirement that debt advice and debt solutions advertisements should comply with guidance from the OFT.
~ New rules oblige the marketing manager of prize promotions to be clear about the number and nature of prizes, including those that are available to win and those that are guaranteed to be won, as well as ensuring that recipients of "instant wins" are able to obtain their prize quickly and easily.

Distance Selling
~ The BCAP is now aligned with the laws on distance selling, clarifying that the consumer can cancel within 7 days for any reason.
~ Advertisers must fulfill orders within 30 days unless they have agreed a longer period.
~ The Codes also include rules requiring the marketing manager to make clear his/her identity.

Children:
~ Marketers are now prevented from collecting personal information from children under 12 years old without obtaining the consent of their parents or guardian.
~ Further restrictions exist for the collection of information from the under 16s.
~ New rules guide advertisers so that they do not to fall foul of the ban on exhorting a child to buy a product or persuading adults to buy a product for them, since this ban is a legal requirement.
~ Advertisements for age-restricted computer and console games should comply with new television and radio scheduling requirements.
~ Advertisements are prohibited from exploiting the trust that children and young people place in parents, teachers or other people.
~ Competitions directed to children must include all significant qualifying conditions and where appropriate parent permission together with a clear end date.

Health:
~ The new Codes reflect the main provisions of the European Regulation on Health and Nutritional Claims.
~ The new Codes reflect the requirements of Directive 2004/24/EC about advertising herbal medicines.
~ A new rule has been introduced in line with an existing television rule to protect people who might be harmed by flashing images in advertising.

Social and environmental responsibility:
~ A new principle of social responsibility is introduced for broadcast advertising, which requires that all advertisements are prepared with a sense of responsibility to the audience and to society.
~ A rule is introduced in the environment section of the Codes preventing marketers from exaggerating the environmental benefits of their products.
~ A new lottery section will be introduced, which will cover the National Lottery and lotteries licensed under the Gambling Act 2005, addressing lottery advertising and making it subject to the same social responsibility rules as other forms of advertising.

This article is for general purposes and guidance only and does not constitute legal or professional advice.

Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

Maria is founder and director of Anassutzi & Co limited a specialist legal and business strategy consultancy having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.

Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.

All articles are for general purposes and guidance only and do not constitute legal or professional advice. Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

Competitive Intelligence - Getting Ahead of the Development Curve

By Tyron Stading
Today companies are being forced to cope with rising litigation risk because the business environment is simply more litigious. This increased litigiousness has produced a more rigorous due diligence requirement that involves a greater focus on the way intelligence is gathered and the processes associated with it. Part of this rigorous protocol is to monitor the IP landscape generally and competitive targets specifically (companies, products and technologies), before a decision is made to pursue one or more candidates.

You can monitor technology in a variety of ways as it is being developed. At the inception of a technology, research platforms can provide only limited assistance because patents aren't typically filed until about halfway through the product lifecycle.

The lifecycle of the product usually begins with basic research and progresses through a developmental stage until it is mature enough to patent. After the technology is mature and protected, marketing plans begin to emerge as it is applied to products and finally introduced to the market.

Because results of patent analysis rely in part on patent data, there isn't a way to use it to thoroughly evaluate the technology between inception and patent prosecution. Innography can assist with evaluating the company, along with its current product and patent portfolio during that phase. But much of the competitive intelligence (CI) research must be performed in more conventional ways.

In the beginning, it can be monitored using resources such as research papers and grey literature. This method is a very important complement to research that can be performed using a research platform. Using the platform, you can see what companies are investing in which technologies, which can be very good technology investment indicators. It can point you to materials that indicate which type of investments in future technologies are being made today.

As the technology becomes well defined and is deemed to be viable, you can rely on R&D Alliances and joint ventures such as open innovation networks to understand the developmental progress. At this point, the focus of your CI gathering should shift from understanding the technology, to a complete understanding of the company who is investing in its development.

Finally, as the technology comes online and patents are filed and granted, you can begin to understand with greater clarity which of your CI targets represents the best investment and least risk. This is where your IP business intelligence platform i.e. patent software becomes critical.

You need to be able to overlay the IP data with business and legal data to give it a business context. It is important to know, for example, whether the new technology really is new and whether its patent is similar to other patents held by litigious companies. In such a case, they might already be aware of the patent and are simply waiting for an acquisition or licensing deal so that they can sue someone with much deeper pockets than the inventor.

Latest Legal Developments in the UK

By Maria Anassutzi
1- ASA new online powers: e-commerce businesses and social media sites have six months to get ready!

The Advertising Standards Authority (ASA), the UK's independent advertising regulator, adjudicates on complaints about advertising made under the new Advertising Codes, in force since 01 September 2010.

ASA's current remit does not include regulation of general website and social media content but only paid-for online advertising and sales promotions.

From 01 March 2011, ASA will be able to regulate and intervene in relation to:

1) advertisers' own marketing communications on their websites, to ensure that their standard is as high as in newspapers and TV; and
2) marketing communications in non paid-for space under their control such as social networking sites like Facebook and Twitter to ensure that the principles of misleading advertising, consumer protection, protection of children and similar are implemented across all sectors and all businesses and organizations, regardless of size. ASA intervention powers will not apply to journalistic and editorial content and marketing related to ideas unless they solicit or encourage fundraising donations.

ASA will be undertaking an ongoing, quarterly review of the extended remit with the intention of carrying out a comprehensive review of its new powers towards to mid of 2013.

In addition to its current sanctions, from 1 March 2011 ASA will be able to impose the following sanctions:

1) to request, with the agreement of search engines, the removal of paid-for links to pages hosting a banned advertisement; and
2) to name and shame a non complying advertiser by placing its own adverts online highlighting continued refusal to comply with a ruling.

2- Equality Act 2010

The Government Equalities Office (GEO) has published a list of the provisions of the Equality Act 2010 that will come into force on 1 October 2010. The provisions in the Equality Act 2010 aim at updating, simplifying and strengthening current legislation in all areas including discrimination. The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to get ready, although the "vast majority" of the Equality Act 2010 provisions will come into force on this date.

3- A quick reminder of the importance of performing an intellectual property audit

Nearly all businesses have some form of Intellectual Property that is valuable and contributes to their success and profits.

By carrying out an IP audit you will obtain a systematic review of the intellectual property created, owned, used or acquired by your business.

There are essentially two types of IP audits: a preliminary audit and a comprehensive audit.

Remember that, when undertaking an audit, a number of issues must be addressed, including identifying your intellectual property and understanding the ownership and licensing arrangements you have in place. This will enable you to make an assessment of the type of intellectual property education your employees require.

IP Audits should be undertaken regularly as a part of general intellectual property management, a precursor to an acquisition, in preparation for a joint venture and in order to defend intellectual property infringement.

By carrying out an IP Audit, you look closely at your business to:

I. Identify where IP is used;
II. Find out who owns the IP rights; and
III. Assess the value of the IP.

This will not always be easy. Remember that, IP exists not only in patents, trademarks or designs rights you have registered. Valuable IP may be in trade secrets, in software, written material, domain names and customer databases.

An IP Audit should raise and answer the following questions:

a) Is my intellectual property protected?
b) Am I infringing anybody else's intellectual property rights?
c) Am I fully exploiting my intellectual property?

As stated before, an IP Audit is the first step of a correct IP Management and subsequent exploitation:

After an IP Audit is concluded, using the logbook (report) you created during an IP Audit, will help you to manage your IP. You can record in it all research, notes, designs and meetings related to your ideas in a dated, tamper-proof manner, with witness signatures where appropriate. This can serve as a powerful tool, helping you identify and protect your Intellectual Property later on, if you need to prove that, it was you who created the relevant IP.

For a free self-assessment form please email maria@anassutzi.com.
This article is for general purposes and guidance only and does not constitute legal or professional advice.
Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

Dr Maria Anassutzi Intellectual Property Expert has founded Anassutzi & Co limited. Anassutzi & Co limited which offers high quality specialist intellectual property, information technology and commercial contracts advice tailored to each of our clients business, having previously held a number of senior positions including being partner and head of IP/IT in London. Maria speaks fluently Greek, Italian and has basic knowledge of the French language.

Maria is a seasoned multi-jurisdictional lawyer with vast experience in general corporate commercial law, specialising in intellectual property, information technology, e-commerce and outsourcing and having extensive in-house legal experience and having worked in City law firms and multinational companies.

Do You Need a Lawyer to Respond to a UDRP?

By Bret Moore
UDRP stands for Uniform domain name Dispute Resolution Policy, and was created by ICANN, the governing body of "the Internet" (generally speaking) to assist trademark owners with combating unauthorized infringement of their marks used in domain names. The practice of "cybersquatting" on a registered trademark was used to great extent in the early days of the Web, with squatters attempting to leverage domain name registrations into big cash payouts (this is obviously very different from legitimate domain name "development"). The US Congress stepped in and cybersquatting was outlawed, but it's still expensive to go to court and pay a lawyer just to stop someone from abusing your trademark in their domain name.

This is where the UDRP comes in. It is an arbitration process and is fast, inexpensive, and (usually) gets positive results for trademark owners. The process recently went all-email, so now it's even environmentally friendly. For a reasonable cost, a trademark owner can obtain a very fast resolution of their complaint by a neutral decision maker appointed with one of the UDRP providers (WIPO & NAF are the most popular). You can choose to have a one or three member panel appointed to decide the case (costs go up for three member panels, obviously).

As a lawyer who works on these sorts of issues, it takes me about a week to prepare a complaint or response. A panel will usually render a decision within about 30-45 days. After that, assuming the trademark owner was awarded the domain name, there's a 10 day period for the domain name registrant to challenge the decision in court (in my experience, very rare/never happens) and then you send instructions to the registrar to effect the transfer. That's really all there is to it.

If you have a trademark, and you've got some domain names but issues with squatters, you don't have to be represented by a lawyer, but you do need to contact someone with experience making legal arguments in writing. And that's why I think you need a trained lawyer, with experience dealing with UDRP issues. But just because you need a lawyer, doesn't mean that you should go to a big law firm, where you can usually expect to pay much higher fees. It might have real value to have a big law firm in your corner if you are involved in a dispute in court, but if cybersquatting is the problem you are dealing with, you don't want to go to court, you want to file a UDRP and get it over with. A small firm or solo practitioner can provide you with the same caliber of work product for a fraction of the cost.

Help, Call The Police, Someone Stole My Work

By Ade Oduyemi
They say imitation is the sincerest form of Flattery: In July, I posted Estate Planning for the Entrepreneur on the Maximum Inheritance Specialists website, I subsequently posted the article on squido. I was some what taken aback to find the article had be bastardised. Someone liked the article so much, he picked up, 'spun it' so it resembled a form of English spoken perhaps on Uranus, and submitted it, successfully for publication to an article directory.

Now, the concepts discussed in my writing were hardly original, they've been around for centuries - I imagine since the first business was privately held - the obvious exception being the attribution to George Bush. Every writer, irrespective of the level to which he is gifted or prolific wants to be quoted - that is the essence of writing - otherwise I'd keep my thoughts in my head, but no one wants his work ripped off. There is a point to article writing - the great value is in the key word phrases attached to the article. My articles tend to contain phrases such as 'last will and testament' 'lasting power of attorney' 'inheritance planning' and so on, as they are said to be useful in boosting one's SEO efforts. All this fellow had to do was attribute the work to me. Or is this what we'd call a back handed compliment? In fairness the directory on which the stolen work was published took down the article in a few hours. Attribute, Do not Steal. Plagiarism is theft.

Use UK Intellectual Property Law to Protect Your Bright Ideas

By Tim Bishop
Eureka! Remember Archimedes in his bath? While the concept of having a bright idea is centuries old, the thought that it could have legal protection is relatively new. The words "intellectual property" were not coined until the 19th century, though the legal concept of UK copyright dates from the 1710 Statute of Anne, with patent law going back to an even earlier statute of 1623.

The idea of intellectual property law is that an individual who has created something should be able to benefit from it, thus giving people an incentive to invest time in developing new ideas. The term 'intellectual property' is broad-ranging, covering creations from art and design, music and literary works, phrases and symbols, photographs, sound and vision recordings to computer software - called "creations of the mind".

According to one economic study, intangible assets account for around two thirds of the value of big companies in the Western economies, underlining the importance of protecting those assets against being copied, stolen or lost. The international importance of protecting ideas was recognised in 1967, when the World Intellectual Property Organisation was created as an agency of the United Nations.

Intellectual property rights are generally usually conferred on "non-rival goods" - that is something that can be used or enjoyed by many people at the same time, such as a piece of music. In contrast, "rival goods" can only be used by one person at a time - think of a shirt, for example.

In the UK, there are a few different legal ways that you can protect your intellectual property - copyright, trademark and patent laws. For anyone developing new ideas or products, it is important that you consider from the very beginning how you can protect your work. Even people that you work with could potentially copy your developments, so one of the first things to think about should be setting up non-disclosure and confidentiality agreements.

Any approach towards protecting your UK Intellectual Property Rights will inevitably require the services of an appropriately experienced legal advisor. Hiring a suitably qualified UK IP lawyer will help you gain effective legal protection that is up to date with the most recent developments in the world of intellectual property case law. In today's world of instant communication, where ideas can run round the globe in seconds, the argument for taking early steps to protect your ideas has never been stronger.

Execution of Improved Patents

By BinQiang Liu
Scenario:

Company A has a formerly granted patent PA on product P1 while company B has a latter granted patent PB on product P2, which is am improvement on product P1.

Solution:

Normal execution of the above patents is as follows:

If A wants to manufacture P2, then A has to get a license from B, however, if A does not want to manufacture P2, there is no obligation for it to do so. But the most common situation is that because P2 is improved over P1, A feels like to manufacture P2, too, in order to make more benefits, let's say as an example.

If B wants to manufacture P2, in spite of its having the patent on P2, B has to get a license from A for manufacturing P1, too, though in fact what B produces is absolutely P2 but not P1. The reason why B has to get a license from A for manufacturing P1 is that PB falls within the claimed field of PA despite PB's improvement over PA.

So, typical solution is more often like this:

A gets a license for manufacturing P2 from B, meanwhile B gets a license for manufacturing P1 from A which then makes B be able to implement its patent PB. It's usually called a 'CROSS-LICENSE'.

What should 3rd party do?

As to a 3rd party that wants to manufacture P2, it has to get license both from A and B, of course, or else it may be sued by A or B. If it just wants to manufacture P1, a license from A only is enough.

Keywords: patent improvement license cross-license

P.S.: here, 'it' in this article means nothing offending just for representing convenience.

Intellectual Property Solicitors - Why They Are Worth Every Penny

By Tom Pearson
Intellectual property (IP) is anything which has been created in the mind of an individual that is protected under IP law. Included in the list of what is protected are songs, written works, designs, inventions and symbols. The means by which people can protect themselves against others copying their intellectual creations come in a number of forms. The most common types are copyright, design rights, trademarks and patents.

IP is one aspect of commercial law that has a large relevance to a lot of companies. Without realising it many companies deal with intellectual property rights on a daily basis. In some cases the ignorance of the rights that others have over a particular design, piece of text or even symbol can cause very complicated and stressful legal issues.

IP law is a very complicate area of commercial law. The lines between copyright or design right infringement and the simple evolution of a design are very ill defined. In order to decide whether copyright has been infringed there often have to be a set number of differences in the design. The number and definition of these differences is something which very much depends on each individual case.

Disputes over whether copyright or a patent has been infringed can have huge implications for the companies involved. If a company is found guilty of infringement then the damages that are incurred can be very substantial. If you are having issues with IP law then by far the best way to address them is to find good intellectual property solicitors to offer advice and representation. Due to the distinctions between intellectual property right infringements being so ill defined, experience counts for everything. Often the only way to get any bearing on whether IP has been abused is to use cases that have gone before as a guide.

In situations like this the experience of specialist intellectual property solicitors will shine through. Using a non specialist solicitor, even if they have extensive experience in commercial or corporate law, will leave you at a distinct disadvantage, both in the lead up, and in the courtroom itself. Another reason to use specialist intellectual property solicitors is the level of service they will provide. Their particular understanding of IP law will mean that they are far better qualified to explain the situation to you. With this greater understanding of your situation you will be able to make better informed decisions, as well as feeling much more relaxed about the legal situation you are in. When the stakes are so high, using the most experienced and knowledgeable intellectual property solicitors possible will make the whole process far less stressful for you.