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Importing Goods From Abroad Can Infringe On The Intellectual Property Rights of Others
Legal » Intellectual Property | By Robert Klein @ Thursday, 20th November 2008 @ 5:47 AM I recently received a call from a client who complained that the MP3 players they imported from China were seized and confiscate by the Custom Service at the United States border. The reason for the seizure and forfeiture, I was told, was that the MP3 players had software downloaded in the devices and the software amounted to a copyright infringement. The software was not counterfeit, it merely exceeded the copyright license in that the license precluded the sale by this distributor of... more...
Five Reasons You Should Hire a Washington Art Lawyer
Legal » Intellectual Property | By Art Gib @ Sunday, 7th September 2008 @ 9:29 PM
Are you a Washington artist that is just starting to get into the business of selling your work? One of the first things that you should do is hire a Washington art lawyer to help represent your interests. It can be hard work getting a business set up to sell your art, especially if you really would prefer to be just making art and let someone else handle the selling of your art. Here are five reasons you need a Washington art lawyer if you're going to sell your work in Washington:more...
This Time Next Year We'll Be Millionaires
Legal » Intellectual Property | By Catherine Harvey @ Wednesday, 13th August 2008 @ 11:09 PM Have you ever come up with what you believed to be a great idea? Have you researched that idea and realised that there is actually a hole in the market that doesn't cover your idea? One day, you are going to put that idea into practice properly and become a millionaire from it - just as soon as you get time. But you don't get time. Then, before you know it, there it is! In the shops! But that's your idea, you thought of it first and now this other person has had the same id... more...
Invention Company Scams And How To Avoid Them
Legal » Intellectual Property | By Victor Martel @ Thursday, 29th May 2008 @ 11:26 PM Guess what? The federal Trade Commission (FTC) estimates that over $100,000,000 is being scammed by fraudulent Invention Marketing and Invention Patent Companies on consumers annually. That's $100,000,000 of your money. The main reason there is such a problem is due to the fact that the general public is not aware of the problem until it is too late. By too late I mean they have already been suckered into the web of an invention company and spent their money. I'm sorry t... more...
Non-Disclosure Agreements and Their Importance in Development of New Ideas
Legal » Intellectual Property | By Mark Warner @ Tuesday, 13th May 2008 @ 3:33 PM A non-disclosure agreement is made between two parties when they agree that one or both parties will not reveal specific information that is considered to be confidential by the disclosing party. Non-disclosure and confidentiality agreements are commonly used to enforce obligations of confidentiality on a party that is receiving information or material from a disclosing party that the second party considers to be secret or classified. There are some very important issues to consider when ... more...
Is Intellectual Property a Good Investment?
Legal » Intellectual Property | By Scott Johns @ Wednesday, 9th January 2008 @ 11:37 AM There are those who would prefer to invest in things they can touch and feel. Though stocks of a potential nature certainly have value it can sometimes be difficult to believe they will return on an investment. It seems to be easier to believe in things we can see thus the prominence of intellectual property. This is not to say this is a bad idea but instead to highlight the benefits of investing in intellectual property. Here are some of the potential benefits. When one thinks of intelle... more...
Intellectual Property Laws in the Kingdom of Thailand
Legal » Intellectual Property | By Wolfgang Jaegel @ Thursday, 11th October 2007 @ 7:05 PM Intellectual property is one of the major types of capital assets. It is usually the result of a human brain's intellect. It can be either tangible or intangible. Idea, process, and theory are some of the most popular forms of intangible category. Included in the tangible type is product, invention, or any such kind of tangible medium such as discovery, creation, or a specific knowledge. Based on several factors such as background, intellectual output, dynamic technology, and economi... more...
Louisiana Estate Planning Under Napoleonic Code Is A Bit "Different"
Legal » Intellectual Property | By Andrew Stratton @ Friday, 17th August 2007 @ 9:24 PM Louisiana law provides that without a will, separate property is inherited in a unique inheritance order unlike that in most other states. That order is somewhat complicated, and its unusual provisions often come as an unwelcome, devastating surprise to the surviving family. If one is married but has no will, ones line of inheritance in Louisiana is the same as that of a single person. That is: Actual usage (usufruct) of funds and property are given to the parents of the deceased; the de... more...
Public Domain Content On The Internet
Legal » Intellectual Property | By Almin Cehajic @ Sunday, 29th July 2007 @ 1:01 AM If you don't have a library near you and have Internet access, you can find plenty of public domain information online if you just know where to look. One word of caution though, and this is very important. If you go to a site online that claims to have public domain works or information and the title of the site is "Joe's Little Odds And Ends" you might want to be careful about accepting what Joe has to say about what may or may not be a public domain work. No offense t... more...
What Constitutes A Public Domain Work?
Legal » Intellectual Property | By Almin Cehajic @ Sunday, 29th July 2007 @ 12:46 AM In this article, I am going to cover just a few more details about what constitutes a public domain work or a work that is still under copyright. So far we know that anything before 1923 is public domain and anything after March 1, 1989, is pretty much off limits until many of us are long dead and buried. And with works between 1923 and 1989, we said as long as the proper paperwork was filed, it was under copyright. Well, this is where that also depends on the year and also what paperwork... more...
Patent Laws Part One
Legal » Intellectual Property | By Arnold Hernandez @ Tuesday, 24th July 2007 @ 12:50 PM A patent basically gives the legal right to one person to exclude others from using, making, offering to sell, importing the patented invention, or using the invention. There are three kinds of patents, there is patent called a utility patent, another one called a plant patent , and a third called a design patent. A utility patent is granted 20 years for something new, useful, and non obvious products and processes. Plant patents are granted for 20 years and are literally for a... more...
Don't File Your LLC or S-Corp Without Reading This
Legal » Intellectual Property | By Nicholas Nanton @ Friday, 29th June 2007 @ 7:15 PM Ok, so you've decided to start a business, either by yourself, with a couple of friends, or maybe even with a couple of colleagues from your last "corporate gig". You sit down at your first impromptu "business meeting" over a case of cold coke (insert other favorite beverage here) and you start your checklist: 1. Million Dollar Idea: Check 2. Office Space (or an extra room/basement in your house): Check 3. Business Plan: Check 4. Business N... more...
How To Protect What You Create With A Copyright
Legal » Intellectual Property | By Gregg Hall @ Thursday, 15th February 2007 @ 3:48 AM In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual p... more...
The Difference Between Trade Secrets And Trademarks
Legal » Intellectual Property | By Gregg Hall @ Thursday, 15th February 2007 @ 3:39 AM Some people get confused between trade secrets and trademarks. A trademark is something that is publicly recognized and known as being officially associated with a particular company. In contrast a trade secret can be a much more broad definition and by its very name is not made public. According to the laws in most states, any device, pattern, formula, idea, or collection of information that gives the owner an advantage in the marketplace and is protected by the owner in a way that show... more...
Protecting Intellectual Property
Legal » Intellectual Property | By Robert Valentine @ Thursday, 19th October 2006 @ 5:18 PM Among its many influences on modern culture, the Internet has provided a virtually unfettered outlet for writers, artists, musicians, inventions and ideas. Today more than ever, an individual's creative contributions can take on lives of their own, generating wealth in ways and from ideas the author or inventor never imagined. Such intellectual property has value under the law and should be included in an estate plan to protect heirs' rights to preserve those creations and any related ... more...
A Brief Overview of a U.S. Patent Application
Legal » Intellectual Property | By Lisa Parmley @ Thursday, 28th September 2006 @ 3:44 AM There are many hurdles involved with gaining a patent. If you are interested in gaining one, your first task is to file a patent application, complete with all the bells and whistles required by the United States Patent and Trademark Office. There are a number of standard forms to fill out in addition to quite a bit of writing. A single application will vary in complexity and length. An application might range from about 25 pages up to thousands. In 1991, the National Institute of ... more...
Using a Patent Search to Test the Waters
Legal » Intellectual Property | By Lisa Parmley @ Thursday, 28th September 2006 @ 3:31 AM A patent search is a very important part of gaining your patent. The search can help you come up with new features to improve on your invention before you try to patent and market it. This will only increase your chances of creating something of value to the marketplace. So back to patent searching. You can get a reasonable patent search for a few hundred dollars. An in-depth comprehensive search will cost more (around a $1,000). But before you spend any money at all applyi... more...
Daubert Having Little Effect on Expert Witness Consulting
Legal » Intellectual Property | By Brian Reuter @ Thursday, 31st August 2006 @ 4:22 AM In Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), the Supreme Court overhauled the standards for admitting expert witness testimony in federal court by removing "junk science" from the courtroom and introducing a new reliability test for the permissibility of expert theory and technique. It would seem the consequence of the ruling would drive attorneys to ensure their expert's work is solidly founded in the principles of the science from which it is based.... more...
How to Invent Something Sure to be Profitable
Legal » Intellectual Property | By Lisa Parmley @ Wednesday, 25th January 2006 @ 11:41 AM Are successful inventors just lucky or is there a strategy for coming up with these golden ideas? Many say a strategy does exist. Think about what types of problems you would like to solve. As an inventor, that is your goal. The trick is to come up with a unique invention that is the solution to a specific problem. This will help put you on the path to inventing something with a higher profit value. You want your invention to be marketable so it must solve a problem. Solv... more...
Inventors... Make Sure Your Invention is a Success!
Legal » Intellectual Property | By Lisa Parmley @ Wednesday, 25th January 2006 @ 4:43 AM Discover some of the important strategies all inventors should know to help ensure that their invention is a success. This list of tips was compiled from successful inventors. They are sure to steer you in the right direction and help you ensure success for yourself... 1. Educate yourself on the in's and out's of patents, product development and invention marketing. There is plenty you can do on your own. Even if you plan to hire a patent searcher and a patent practition... more...
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