What is Intellectual Property and 3 Key Issues About It

Intellectual property comprises patents, copyrights, trademark, design rights and registered designs. Some intellectual property rights (such as Patents, Trade Marks and Registered Designs) need a formal process of registration by the owner to the Intellectual Property Office, in order to afford protection and monopoly rights to the owner. Others, such as copyright and design rights, arise automatically upon creation, but do not protect from a third party’s independent creation – only from copying.

The IP rights differ in terms of duration and procedures, but the effect is to ensure that the owner has the exclusive right to use and decide how those rights are used and exploited and to prevent any other party from using the same rights.

Patents protect an invention that is new, novel and has industrial application. Copyright protects original literary works (e.g. instruction manuals, computer programs) dramatic, musical works or artistic works (such as logos, maps, technical drawings, diagrams, photographs, works of architecture). The owner of copyright is the first author of the copyrighted work. Please remember that, simple registration of your company with the Companies House, does not guarantee you trade mark protection. A Registered Design is a monopoly right for the appearance of the whole or a part of a product, resulting from the features of lines, contours, colours, shape, texture, materials of the product or its ornamentation. This means that contracts of employment need to have adequate provisions, dealing with creation of intellectual property and commissioned works need to be protected by appropriate contracts, which vest the intellectual property in the business commissioning the work.


Why Should I Use An Intellectual Property Solicitor?

Intellectual property is any creative work such as inventions, literary and artistic works, symbols, names and images used within business and considered to be the property of its creator. Intellectual property rights should be protected under ip law. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets.

IP is divided into two categories – Industrial Property and Copyright.

Industry property includes patents for inventions, trademarks, industrial designs and geographical indications.

Whereas Copyright covers literary works such as novels, poems and plays, films, music, art such as drawings, painting and photos, recordings and performances.

So why should your intellectual property rights be protected?

Intellectual property rights reward creativity and human endeavour. If new technology, a design idea or invention is created it should not be allowed to be copied. Intellectual property rights allow the creator or owner to benefit from their invention.

A patent

A patent is an exclusive right granted for an invention. Register your trademark

Trademark protection ensures that the owners have the exclusive right to use them to identify goods or services. It is always recommended to register your trademark. An intellectual property solicitor will be able to advice companies on registering trademarks.

Geographical indication and industrial design should also be protected. Geographical origins ensure customers that the product is from a reputable source, and many companies have built their reputation on this.


The Revolt of the Poor: The Demise of Intellectual Property?

Three years ago I published a book of short stories in Israel. The publishing house belongs to Israel’s leading (and exceedingly wealthy) newspaper. It goes like this : if the rights to intellectual property were not defined and enforced, commercial entrepreneurs would not have taken on the risks associated with publishing books, recording records, and preparing multimedia products. Consider a publishing house.

If illegally copied (thereby shrinking the potential market as some people will prefer to buy the cheaper illegal copies) – its price would have to go up prohibitively to recoup costs, thus driving out potential buyers. The story is different if a book costs 10,000 DM to produce and is priced at 20 DM a copy with a potential readership of 1,000,000 readers. Governments, from China to Macedonia, are introducing intellectual property laws (under pressure from rich world countries) and enforcing them belatedly. Moreover, piracy thrives in very poor markets in which the population would anyhow not have paid the legal price. Intellectual property is a relatively new notion. Texts, discoveries, inventions, works of art and music, designs – all belonged to the community and could be replicated freely. The more massive the market, the more sophisticated the sales and marketing techniques, the bigger the financial stakes – the larger loomed the issue of intellectual property. It spread from machinery to designs, processes, books, newspapers, any printed matter, works of art and music, films (which, at their beginning were not considered art), software, software embedded in hardware, processes, business methods, and even unto genetic material.

Intellectual property rights – despite their noble title – are less about the intellect and more about property. This is Big Money : the markets in intellectual property outweigh the total industrial production in the world. The monopolists of knowledge and intellectual products cannot allow competition anywhere in the world – because theirs is a world market. Either the price should be lowered in the Macedonian market – or an average world price should be fixed which will reflect an average global purchasing power.

Intellectual products are very price sensitive and highly elastic. High prices are an implicit trade-off favouring small, elite, select, rich world clientele. Two developments threaten the future of intellectual property rights. Academics, fed up with the monopolistic practices of professional publications – already publish on the web in big numbers.


Intellectual Property – Patents – Grants of Rights to Third Parties

A patent can be owned jointly. However, under s.36 of the Patents Act 1977 (“the Act”) each proprietor can use the patent for his own benefit without the consent of or the need to take account of the other proprietors but, under s.37 of the Act, if a proprietor wishes to licence the patent i.e to allow a third party to use the patent, he/she must either gain consent from the other proprietor or apply to the comptroller for permission to exploit the patent.

In Paxman v Hughes [2005] EWHC 2240 (Pat), the relationship between the joint proprietors of a patent for making a type of drinks cooler broke down. Mr Paxman and Mr Hughes were both directors of Trim Cool Limited, a company which they incorporated to produce a cooler under the patent.

Mr Paxman, the inventor, sought an order from the comptroller to grant a licence to third parties to make and supply drinks coolers under the patent. ? the order required an extra-territorial jurisdiction which did not fall within the comptroller’s jurisdiction;

? Mr Paxman’s fiduciary duties as a company director prevented him from seeking this order.

The hearing officer struck out the case because the order sought was in breach of Mr Paxman’s duties as a company director.


When Does an Employer’s Intellectual Property Policy Go Too Far?

Many companies require their employees to agree to written policies that clarify Intellectual Property ownership of employment-related work product.

Some businesses have demanded that their employees agree to policies that assign and transfer complete right, title and interest to all Intellectual Property created during the entire time of employment – regardless of whether such inventions were created within the scope or course of employment.

Consequently, employers may consider taking the broadest possible approach, and demand a universal acquisition of all employee-created Intellectual Property regardless of the employee’s location, time, manner, or purpose when creating it.

As a policy matter, some commentators have argued that permitting enforcement of such overbroad employer-employee Intellectual Property ownership policies will have deleterious effects on society, as employees’ incentives to create independent content, and to contribute to Open Source Code and Creative Commons will be stifled.

Recognizing these valid policy concerns, and the potential for employer abuse, in at least 8 states, demanding acquiescence from employees through an overbroad policy of claimed Intellectual Property ownership as a required condition of continued employment has been declared unconscionable, void as against public policy, and/or lacking adequate contractual consideration, absent additional compensation other than continued employment.

In addition to the protections of the California Labor Code, California statutes provide other types of protections to creators of copyrightable works when they, as “independent contractors,” enter into work-for-hire agreements with those who commission their works.

California provides strong disincentives for employers to implement such a policy. California law provides that one who commissions a “work made for hire,” as defined in Section 101 of the Copyright Act, is considered the employer of the creator of the work for purposes of workers’ compensation and unemployment insurance.

Consequently in California, whenever a creator works on a work made for hire basis as defined by federal copyright law, that creator automatically becomes an “employee,” obligating the employer to bear the cost of workers’ compensation and unemployment insurance.

California issues penalties of up to $100,000 against uninsured employees. From the employer’s standpoint, acquisition of employees’ personal Intellectual Property could also open the proverbial can of worms. By having such a policy in place, employees’ participation on social networking sites, uploading of video clips, blog submissions and even family photographs could technically become the Intellectual Property of the employer. In conclusion, companies would do well to assert Intellectual Property ownership rights to copyrightable works, inventions, trade secrets and other materials created by employees within the scope of employment. However, a blanket policy which lays claim to any and all employee-created Intellectual Property-whether related to employment or not, is both unwise and potentially unenforceable.


Intellectual Property Infringement and Patent Law

An intellectual property infringement is the violation of an intellectual property right. The different types of intellectual property rights are copyrights, patents and trademarks. Thus, an intellectual property infringement may for example can be a

Trademark infringement-

It is an infringement of the exclusive rights attaching to a trademark without the permission of the trademark owner or any licenses. The proprietor of a trademark may inaugurate legal proceedings against a party which infringes its registration.

Patent infringement-

The description of patent infringement may differ by jurisdiction, but it normally consists of using the patented invention. In New York, White Plains and all cities within New York, it is used to have a commercial purpose to constitute patent infringement

Copyright infringement-

It is the unauthorized or forbidden use of work under copyright as well as infringing the copyright holder’s sole rights, for example, the right to copy or reproduce the copyrighted works.

Some of the techniques to detect intellectual property infringement comprise of:

1) Fictitious entry, for example:

Fictitious dictionary entry-An example to fictitious entry is Equivalence incorporated in the New Oxford American Dictionary.
Trap street -A fictitious street incorporated on a map for the exploit of “trapping “probably copyright infringement of the map

Some intellectual property infringements need a proper process of register by the holder to the Intellectual Property Office, in order to yield protection and monopoly rights to the holder. This stated that contracts of employ requires adequate provisions, commissioned works have to be protected by suitable contracts and dealing with creation of intellectual rights which invest the intellectual property in the company commissioning the work.


Basics On Wedding Decoration

Wedding decoration is an important accent meant to create the overall atmosphere of the wedding day. The decorations are usually the first thing that your guests notice and in some cases, something that they will keep remembering for years to come after your wedding.

Usually the bride thinks of the wedding decoration theme, but in some cases the groom can get on the action as well in order to create something that is unique and mutually liked by all.

Probably the most important aspect of the wedding decoration choosing process will be the color, as this will have to work with the overall theme of the wedding as well as be liked by all those involved. Once that is settled, you can start adding more and more items to the decorations list such as candles and balloons, flowers and confetti.

For instance if you’re going to use a lot of flowers it would be advisable to have them pre-arranged and ready to be easily deployed where needed – you’ll need this sort of efficiency at the church.

The style, color and theme of your wedding decoration motif should also take into account the location of the actual event as this can greatly influence your choices and options. This is quite an important factor to consider as an open air wedding will offer different challenges in decorating than a wedding in an enclosed ballroom. For instance an outdoor wedding should make the entire wedding decoration process a bit simpler because the reception area and the wedding area are basically the same. Outdoor decorations can usually be livelier than the indoor ones as you can rely on the outdoor scenery to add to the atmosphere.

When it comes to an outdoor wedding the lighting can be used to great effect; using string lights or customized lanterns can create a very stylish and romantic effect. Similarly candles and torches can offer a particular touch to certain decoration themes.

Similarly the number of guests should also be taken into account when deciding on the positioning of the various decoration accents. And when considering the number of guests, also consider the number of children that will be attending, as they tend to be rather energetic and you might want to child proof your decorations in order to avoid any trouble.

You can combine the concept of wedding decoration with the wedding favours that you will be offering to your guests. Certain items like picture frames, place card holders or various silver trinkets can act as both favours and decorations.

Regardless of the options and variations that you are going for, you should always keep your budget in mind. It’s nice to think about what you would want to have and where but you always have to balance that with your wedding decoration budget.


Glass Dining Tables – Timeless Design

When you shop around for a dining table, you would in all probability opt for a glass dining table. The reason behind this is that the glass table is considered as a timeless piece. It will never go out of fashion.

The glass table tops are available in a variety of sizes, shapes and colors. Traditionally, only black glass and transparent glass tops were available. But today, a lot of variety is available in the glass tops, such as etched glasses, where in you have design on the glass. Floral designs are very popular in etched glass tops. There is also a rising trend of colored borders in glass tops. The borders are colored with bold colors such as red or yellow. While these look good undoubtedly, there are chances that the colors may wear off after some time. So, it is better to opt for etched glass which looks elegant and can last longer.

How will you maintain the glass dining table?

Glass tables do not require elaborate cleaning and it is fairly simple to maintain them.

If you take a few precautions and take care of the glass table, it will serve you for many years to come. Some people avoid buying a glass dining table fearing that it may break. However, glass tables are made of fiber glass and are very sturdy and durable. If you buy a thicker glass top, then it will last you longer then any other type of dining table.

Some of the tips to maintain the glass table are as follows:

Always clean the glass top with a wet sponge after using the table. Clean the table with warm water and soap at least once in a week.
To retain the finish of the glass, use baking soda dissolved in water to clean the glass.
To protect the glass top from scratches, use table mats and coasters. Always keep pots, plates and cutlery items on the mats or coasters.
If you want to put a center piece on the glass table, place it on a mat.

It should be noted that once the scratches are formed on the glass, it will stay permanently. Therefore, it is better to take extra care of the glass to protect it from scratches. You can even cover the glass top with a transparent plastic sheet to prevent scratches.

A little bit of care and cleaning of the glass will help to keep the glass dining table shining bright and scratch free for many years to come.


Six Business Stationary Printing Tips

Starting a company means there are some basic things that one will need to do to in order to present a professional image. One of those things is to print marketing materials such as brochures, business cards, fliers and other items. If one is not careful they can spend a large amount of money on this expense without even knowing it. In order to keep costs down one should follow basic rules for what information should be put on the marketing materials. Here is a quick checklist of what one should include when they decide to get started with business stationary printing.

It’s a good idea to include a company logo. Be consistent with adding this logo to all correspondence and marketing materials. This is a good way to create brand and name recognition. People begin to recognize businesses by knowing what their company logo looks like.

Develop a slogan to put on printed materials.

A slogan is a short catchy phrase that also helps with branding and company recognition. Many companies have gained plenty of customers because the public was attracted to their company slogan.

Always include the address on these types of print jobs. They usually will be seen by a lot of people and work as a marketing tool. There may come a time when a person may refer to a company card or letterhead to find out where it is located.

It is imperative to include the contact information on the material. This should include at least a phone number and an email address. Many people also choose to add their fax machine number as an additional way to be reached. The contact information is probably the most important item to include on the marketing materials.

One should be careful with the font type that they select. It’s important to choose a font that is appropriate for the type of business it is for. An accounting company should not choose a font that looks too casual or informal. A basic font type that portrays professionalism would be appropriate for this kind of service.

Always choose a premium grade paper for printing. Marketing materials need to be somewhat durable and able to last a while so people can refer to them on a regular basis without damaging them. Fliers and brochures should be printed on at least 20 grade paper. A nice thick card stock would be appropriate for a business card.

Setting up marketing materials for a company is something that every entrepreneur should do. When one begins to get started with business stationary printing they should be very careful about the choices they make as they will effect the image of the company. A company logo along with a slogan should be developed in order to be included on the materials. Always include the address and contact information. There are numerous times when people refer to business cards to find a phone number or an email address to make contact. Make wise choices about font type and paper quality in order to present a professional image.


Cheap Hotels in London City

London is one of the most beautiful cities of the world. This is a city of great historical importance. As it is, every year, this place is visited by a large number of tourists, from all across the world. People come here to watch the historical architecture, the London life and of course the Big Ben.

Now, in case one is planning a trip to London, then the most important factor is that of accommodation, especially if you are travelling on a short budget. It is always better to know about hotels, which provide economical services. The following are some of the hotels, which provide economical services:

1. Peckham Lodge

Located in 110 Peckham Road, London, this wonderful hotel was set up in the year 1849. The hotel is characterized by its magnificent building full of original features, which occupy a central as well as strategic location, which provides easy access to the major tourist’s attractions.

It offers varied services and various types of room, that you can choose from, depending on your budget.

2. Tommy Miahs’ Raj Hotel

Located in 366 Essex Road Islington, London, this magnificent hotel is one of the most popular hotels of the area. Situated in Islington this hotel is the best for spending a vacation, in this city on a short budget. The hotel carries an Indian flavor and provides a tea room and a bar in the ground floor. You can enjoy a variety of aromatic teas and liquors in these places. The hotel provides you with well furnished rooms, which are equipped with a number of facilities. Another major advantage of this hotel is its location, which makes it easily accessible to the various famous places in the city.

3. Queens Hotel

Located in 33 Anson Road Tuffnell Park, London, this wonderful hotel carries the unique distinction of being one of the very few places, which provide quality services at modest prices. It is situated at a close distance from Tufnell Park Station, as well as the Kings Cross and Kings Cross St. Pancras Stations. The rooms are well furnished and offer proper sanitation facilities, along with several other facilities, such as television, tea/coffee facilities, as well as central heating. Along with that you also get a traditional full English breakfast as well.

As it is, whenever you make a visit to London, you are always welcome at these hotels. However, it would always be better to go for prior reservation.