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Article by Sandip79

Intellectual Property is an intangible asset. It is a creation of human mind. It can have commercial as well as artistic. The songs of Beatles are famous all over the world. The Beatles has exclusive rights over the lyrics or the composition of each son that they have created. As result people selling or tampering with their lyrics may be persecuted by law of the land where the crime has been committed. This is because their CDs and albums are sold around the globe. Different nations have their own domestic Intellectual Property Rights.

It is believed that the law related to intellectual property has evolved from early jewish law. In USA the concept first received focus in a landmark case ? Devoll et al. versus Brown before the Massachusetts Circuit Court (1845).

United Nations controls the international scenario related to Intellectual Property Rights. She does this with the help of World Intellectual Property Organization (founded in 1967) with its base in Geneva, Netherlands.

There are several types of items that fall under the domain of Intellectual Property:-? Copyrights- This item is basically rights over artistic or literary work. For example an author can copyright the distribution, copying, editing of his book by virtue of this over a period of time from the time of creation. Incase of anonymous people copyright spans over a much shorter period of time.? Trademarks- It is nothing but a symbol by which a company is recognized. For example the blue and white circular symbol of BMW, reflecting its Bavarian origin.? Patents- This is related to discoveries.? Industrial design rights- This is to protect different models from being copied or replicated by rival companies.? Trade secrets- Say for instance wall mart wants to protect the method they use in conducting their retail business around the globe.

Africa, the ?dark continent?, has many natural resources and local art and culture which need to be preserved. As a result several African nations have come forward under the umbrella of a pan African intellectual property right protection body known as African Regional Intellectual Property Organization (A.R.I.P.O).

Member nations include- Liberia, Namibia, Somalia, Zimbabwe, etc. There are 13 African nations working as observers. Liberia is unique among African nations in this respect. This is because Liberia is the only nation that has not been colonized by any European power. Instead the Afro-American slaves after abolition of slavery in USA have settled this nation.

It is counted among one of the poorest nations of the world. As per statistics, 85% of population earns about @.25 per day. Socio-religious customs have its root back in American south. The legislative, executive and the judicial wing closely replicated US structure.

It is known for its cultural skills as well as for its arts and craftsmanship like quilting, ornamental masks, wooden carvings, drums, etc. As a result protecting the techniques and design styles for unscrupulous giant corporations may be the call of the day. Edward Wilmot Blyden, Marcus Gravy, etc. are among the most renowned Liberian authors.

In case a Liberian wants to protect his/her talent or a particular item that comes under Intellectual Property should contact a Liberia Copyright Lawyer.

Question by stanton: How to become an intellectual property lawyer?
I am a patent attorney now in China, but I want to be an intellectual property lawyer, and I want to know what should I learn? what should I do to be an excellent IP lawyer.

Best answer:

Answer by HKlegals
I dont know why you ask this. Patent attorney can appear in court on dispute on patent in China. Or you want to change file to be an attorney of law?

What do you think? Answer below!

Question by bazookajoe3700: Why or how is individual ownership of intellectual property valuable for a democracy?
From a moral point of view, why is it important to a democracy for people to own intellectual property?

Best answer:

Answer by Pharaoh
For a capitalist govt it is important because what you own is what you’re worth.

Give your answer to this question below!

Question by danieltennis: Provide examples of when its acceptable to use other peoples intellectual property?
Provide examples of when its acceptable to use other peoples intellectual property. Present examples of breaches of copyright and the penalties incurred.

Thank you.

Best answer:

Answer by kcslkcsl
When the creator of a software releases it as ‘freeware’ on the internet without conditions.

Add your own answer in the comments!

Question by Brandnew: How do I get a patent and sell my intellectual property to a company?
It’s a food intellectual property, and I want dividends out of each sale of it, and i’m 14yrs old, how do I get started and get successful?

Best answer:

Answer by Mac_Brey
It’s actually pretty difficult… the idea is the easy part. Contact an attorney that specializes in patents.

Add your own answer in the comments!

Article by Tony Philip

It could be surprising for many people to know that they own more intellectual property than they ever imagined. This type of property is not just owned by huge businesses or popular brands, but by anyone who has created something extraordinary and unique.

Intellectual properties are nothing but indefinite assets that are singular to an individual. It may be that you have an excellent idea that nobody has ever had before and what you are looking at is protecting intellectual property.

Your distinct and exclusive idea could be your ticket to a successful professional career and you would not want anyone else to take undeserved credit for it. This is why it is immensely important to legally protect your distinct idea before you go around talking and discussing about it with your friends, colleagues, families, acquaintances, and even strangers.

Great ideas, undoubtedly, give you a huge sense of achievement, however unless you go about protecting intellectual property, you stand to lose what you so carefully and tirelessly created. Although the State and federal intellectual property laws do provide you assistance to some extent, the last thing you would want to get into is a long-winded legal battle. The best thing to do, whenever you have a superb, original idea, is to give it legal protection.

As per the World Intellectual Property Organization, or WIPO, intellectual property could be designs, images, and symbols used in business areas, literary and artistic creations, or inventions. This type of property can be split into two groups- copyright and industrial. Protecting these properties is imperative, failing which could lead to unwanted consequences.

Why do we need to protect original thoughts, ideas, and inventions? Without legal protection of your original ideas, you could be in a self-defeating situation, and the world at large would miss out on the whole concept of innovation. If new ideas and concepts could be freely used by anyone and everyone, there would be no appreciation for the hard work one individual or a group of individuals have invested on it. Furthermore, businesses would not spend so much of their time and resources on extensive research and developmental activities. Our entire culture would run the risk of turning mediocre if artists were not suitably awarded for their avant-garde thinking.

With the increasing rise of theft, counterfeiting, and piracy, protecting intellectual property gains more magnitude. Theft is one of the most common risks that all professionals face. Unless and until you protect what is rightfully yours, there is a good chance that it will be stolen from you.

Another risk that businesses with original inventions and ideas face every now and then is that of losing credibility in the market. As your idea is duplicated in an irresponsible or illegal way, there is a great chance of your brand name gaining negative publicity. Since consumers will directly associate you with your unprotected and misused idea, you lose your value and worth in the market.

Protecting intellectual property is vital to safeguard your original ideas and make sure that they reach the right audience, just the way you want them to.

Article by Claire Jarrett

Intellectual Property consists of property that is considered intangible. According to the law there are at least three different types of properties, which include real property, personal property and intangible property. Intangible Property references the information that is created from the minds of both men and women. This information is then translated into an expressed thought or idea or into a tangible from which an individual can have assigned rights. For example, literary works, songs, artistic works, software, inventions, names, symbols, designs, images, industrial processes that are used for commercial purposes, business methods, and brands are listed as intellectual property. Therefore, to protect these ideas from anyone who would like to duplicate or steal them, the law has made provisions by establishing intellectual property laws. These laws protect intellectual property with exclusive or certain rights by allowing an individual to file for and secure a valid trademark, patent, or copyright. The actual purpose of these laws is to protect an individual’s or a company’s original idea for a specified period of time. If any one violates some ones rights to their property, the law has also established remedies. These remedies can include an order to the violator that states he or she must cease and desist certain actions. The law also provides for monetary compensation in events where the business or individual pursues it by bringing legal action against them. Also, in more general terms, individuals can be held liable if they reproduce the content of a specific book, without the appropriate authorization. Movies and television shows will also fall under the laws of intellectual properties. These laws exist at both state and federal levels in the United States. The laws may also vary from one state to another state. By its nature, Intellectual property laws are complex and over time the laws are continuously evolving as changes are being made. Therefore many attorneys who are registered as patent attorneys will distinguish themselves as intellectual property law lawyers. Specifically, in this era of globalization, intellectual laws fall under both international treaty as well as federal legislation. However, trade secrets is the only true exception. The ABA is an organization that was created to advance and improve the laws. This association is also committed to just and fair administration. There are also a variety of different domestic and international organizations that have been established (AIPLA, FA, USTR, USPTO, IIPI, IPR etc.).

Article by Ronald Miller

The human mind can conceive really imaginative ideas that could have widespread applications in the modern world. Most major inventions and technologies have come about after an idea came across the mind of a great thinker. These ideas have a lot of value as they can be used to come up with money making solutions that could impact society on a whole. A lot of people in the world are constantly looking out to steal successful ideas and concepts that aren?t theirs to make money. Such fraud can be protected only by following the necessary intellectual property laws. If you have an idea that could lead to something dynamic, you could protect it from unlawful copy or duplication using the services of an intellectual property attorney.

Intellectual property cannot be defined easily as it is all about the mental space and what it encompasses. Laws have come about in the area of intellectual property to protect various ideas and creations. They could be literary, artistic or scientific works or unique performances, broadcasts and phonograms. You might need the help of a copyright attorney to protect inventions in any possible field of human endeavor, scientific innovations or industrial designs. All these ideas could be about an original concept, product, process, etc. Protecting these ideas and works will be really important and that is where a patent attorney will offer aid.

Great ideas can lead to concepts and strategies that could help companies and businesses yield a phenomenal amount of money. This is where the ingenious ideas have to be protected well from copy and misuse and that is where a trademark attorney can offer immense help. Legal consultants are needed when you need to take legal action against an unlawful incident. If the matter is related to intellectual property, then you will need to get experts on the job and that is where a copyright lawyer will offer great support. Good lawyers will be able to look at all kind of intellectual property cases, domestic and foreign.

A copyright attorney Miami will have a great expertise in handling different kinds of cases relevant to intellectual property rights. The law related to intellectual property can be quite complex and you will have to get the right legal counsel to represent you in case of an illegal duplication. With the help of a trademark attorney Miami, you will get a legal representative, who will have the know-how and experience of handling related cases. Such a lawyer will know of the intricacies involved in these legal battles and will have the talent to make sure you succeed in your legal battle.

Lawyers are the right people to turn to when someone has done an unlawful activity. There are various kinds of lawyers out there but you will have to rely on an intellectual property attorney when your ideas are copied. These expert legal counsels will be the right people for the job as they know how to go about the legal hassles in such cases. With the help of their esteemed guidance and help, your legal battle will be resolved in your favor.

Article by Aaron Kelly

What happens to Intellectual Property during BankruptcyIntellectual Property during a Chapter 11 Bankruptcy

Many of you would recognize the name CBGB from t-shirts and slogans, all without knowing that the name originated from a legendary music venue in Manhattan. Even more interesting, the club has been closed since 2006. Yet, the investors who purchased it bought it for the naming rights, not the club. These rights, called intellectual property rights, are now in the midst of a Chapter 11 Bankruptcy filed on behalf of the investors. So the question is, what happens to those intellectual property rights during a Chapter 11 Bankruptcy?

In a typical Chapter 11 Bankruptcy, the case is administered in the following way: 1) rejection or assumption of executory contracts; (2) sale of assets; (3) claims adjudication; (4) litigation. For this article, we are only concerned with the first issue, the executory contract. A contract is considered to be executory if there is still an outstanding obligation by one or both parties to the contract, of which the terms were the consideration for entering into the contract. Bankruptcy Courts have found that non-exclusive licenses of intellectual property can not be assumed and assigned unless there is consent. Everett Systems, Inc. v. Cadtrack Corp, 89 F.3d (9th Cir. 1996).

Stepping back for a moment, let’s put ourselves in the shoes of the person who has licensed intellectual property from a licensor who subsequently becomes bankrupt. In this scenario, when the license is an exclusive one, then it is treated as an executory contract. The licensor cannot sell those rights to anyone else, no more than the licensee can stop paying royalties. See Encino Bus. Management, Inc. v. Prize Frize, Inc. In those cases where the license is non-exclusive, Section 365(n) of the Chapter 11 Bankruptcy Code states that if the trustee or the Chapter 11 Debtor rejects “an executory contract under which the debtor is a licensor of a right to intellectual property”, the licensee under the contract may:

1) treat the license as terminated and assert a claim for breach of contract; or

2) elect to retain its rights to the use of the intellectual property as such rights existed immediately before the commencement of the bankruptcy case, or the duration of the contract. 11 U.S.C. 365(n)(1)(B)

Thus, no matter what they choose the the licensee must be allowed to exercise either of its rights, and it must continue to make payments for the rights it is licensing for the duration of the contract.

It is important to note though that Section 365(n) does not apply to ALL contracts which contemplate or involve intellectual property. Rather, the contract must be one which the debtor is a “licensor of a right to intellectual property”.

Article by Rachel Dawson

Copyright, in its simplest term, refers to the rights bestowed through legislation to protect an individual or business from their work being unlawfully replicated. They bestow rights to the owner in relation to specific activities surrounding the use and communication of copyrighted material. To satisfy the eligibility criteria of being awarded a copyright, several conditions must be satisfied, including that the ?work? must fit into one of the set categories of copyrightable materials; it must be original; the individual(s) or businesses charged with creating must be qualified to do so; and the ?work? must be in some type of written form for verification processes. Copyright law covers a wide range of categories, including literary, musical, dramatic and artistic works; musical works and broadcasts; goods, services, business processes, brands and the like.

Of increasing importance in today?s knowledgeable economy is protecting your own and your business?s intellectual property. New Zealand is party to the international TRIPS Agreement, which is a specific legislation relating to trade related aspects of intellectual property rights. The internet, and its ability to spread and disseminate information at ever increasing rates, and with increasing ease of access, has created an environment where protecting intellectual property has never been so vital. The risk of releasing new ideas, products or designs without the proper intellectual property registration can result in infringements of existing copyright patents. In New Zealand, violating intellectual property laws may result in large monetary demands to resolve the situation, while additional losses may be experienced in relation to the advertising and marketing activities surrounding the product or brand promotion. Furthermore, with the correct intellectual property protection in place, there is the risk that some other organisation may copy the idea, repackage the product or design, and earn market share and revenue from your work.

It is strongly recommended that thorough searches are conducted through patent and copyright databases prior to commitment of resources to develop and protect intellectual property. This is to ensure that the concept being developed does not infringe on any current patents, as well as provide valuable information in relation to similar or competing ideas. This knowledge is then utilised to further develop the concept, idea or product to better satisfy the market being targeted and differentiate the concept to not only develop a unique selling proposition, but to differentiate the concept from other patented intellectual property.

This process can be time consuming, with those not familiar with New Zealand intellectual property law and the tools to search for existing patents, running the risk of not accessing complete knowledge on the numbers and types of current copyrights which relate to the concept in question. The best way forward is to utilise a reputable and professional company which specialises in copyright applications. This will ensure that your intellectual remains under your ownership, while avoiding any expensive litigation which may result from copyright violations.