Your Intellectual Property Lawyer – Crucial In Providing IP Rights Protection

Looking after one’s IP (Intellectual Property) Rights is essential to the modern business world.

Whether it is a new start up or established business no company will want its ideas snatched by rivals. If a business has invested in and developed new products services or processes it needs to commercially exploit it to make a return as quickly as possible. So it is vital that the intellectual property is not replicated by a rival.

For anyone wanting to ensure their IP protection is as tight and secure as possible it is a good idea to consult with a specialist lawyer offering intellectual property services. By consulting with an expert intellectual property lawyer you will be dealing with someone who knows the intricacies of IP law. He or she will be able to give advice on what you can and cannot do when it comes to IP protection.

Crucially your intellectual property lawyer will be able to advise on how you might take advantage of the various components of IP, such as patents, trademarks, design rights and copyrights.

In addition your intellectual property lawyer will be to represent you should another business violate your IP rights. But first you will have to have the correct form of protection duly registered with the correct agencies. Your lawyer providing intellectual property services will be able to help do this.

When seeking intellectual property advice it is important to give the lawyer as much information as possible about the concepts and ideas making up your IP property. This means if any other company tries to use your IP your legal team will be able to prove to a court exactly how your rights were transgressed.

Another advantage of instructing a specialist lawyer is that they may well be able to help you with other intellectual property services – for example, they may able to manage your intellectual property strategy. This is a very important service as it will allow you to exploit your IP to the maximum.

A good example of this is licensing. You may not have the capacity to produce the goods or services in question. This will mean a loss of profits. However, if there is another company willing to take over production for you they can do so under licence. By issuing a licence you will be able to charge sizeable fees. However the terms of the licence must be strict. If your intellectual property lawyer draws it up for you he will ensure you will be able to extract maximum advantage from the licencing agreement.

Q&A About Your Intellectual Property Lawyer

Most people dealing with Intellectual Property (‘IP’) law will need expert help and advice. This is because IP is a complex and difficult area of the law that solicitors do train to become specialists in. This article contains some examples of frequently asked questions surrounding IP law:

Why do people use a specialist intellectual property lawyer?

The reason why so many people seek the advice and assistance of a specialist intellectual property lawyer is because they are experts in this complex area of the law. When you have created something unique and special such as a work of art, writing or recording, an invention, or a design, you want to ensure that it is properly protected and this is where getting the right intellectual property advice, at an early stage, from these legal experts can prove to be invaluable.

Why protect my ideas and work?

When you have spent time and effort on an idea or creation the last thing you want is for someone else to come along and reap the benefits. Your idea or work could be very valuable to you both in terms of sentiment and monetary value but without the proper protection in place someone else could come along and easily pull the rug from under you leaving you with a product, creation, or idea that is no longer unique and is devalued. With the proper legal protection you can ensure that this does not happen and if anyone attempts it you will have the framework in place to take appropriate action.

If I come up with an idea for the company I work for, who owns the intellectual property rights?

If the idea you came up with was as part of your duties at work the rights will usually lie with the company. However, sometimes this can be a grey area and will depend on a number of factors such as whether you developed the idea in work time, using work equipment, following discussion with your manager, etc. If you are not sure about who owns the IP rights you should speak to your intellectual property lawyer who will assess the factors to determine whether the rights lie with you or the company that you work for.

What do I do if I find out someone is using my work without my permission?

If someone is infringing on your IP rights then you should speak to a lawyer as soon as possible. You have two options – you can either take action to stop them from using your work altogether or you can decide whether you want to allow them to continue using it with your permission and on your terms. If you decide to take action you may be able to settle out of court.

FCRA a Safeguard Against Treasons

Every business is standing based on the demands of consumers. In the world of cheaters and treasons, it is tough to get a simple thing in a simple way. But gone are the days of worries where businessmen used to cheat the consumers by raising the price of the product or providing them a bad quality product instead of a profitable cost. But from 1970 the Fair Credit Reporting act or FCRA in U.S. regulates the collection, distribution and the utilization of consumers’ information including their credit information fairly enough to provide protection to the consumers. Still some profit making businessmen make false attempt to cheat their customers, so it is better to take the advice of consumer law attorney if victimized by these kind of illegal cheaters.

Credit reporting companies hold all the account of the consumer’s credit for credit evaluation or some other purposes. The FCRA provides a customer the strength to challenge the agencies regarding any disputes found in the account. With the help of this act the customers get an annual report of their credit account. But it is not enough just to make an act but more important is to make the act regulating to stop all the frauds. Here consumer law attorney plays a vital role to help the consumers to fight against the frauds.

You must be wandering that where you have to lodge your complaint first if being cheated?

You have to first register the complaint in Federal Trade Commission Consumer Response Center. If it concerns FCRA, it is better to plant the complaint here.

Then you have to find a consumer law attorney who will help you to know all the rights.

How you can find such lawyer?

But before you proceed you must be aware of the rights of yours under the FCRA. Such as:

There are 3 main Credit Reporting Agencies, who assimilate all the credit reports. They collectively report to the head department. This act works on 3 matters:

Seeking the help of a consumer law attorney can be useful for the cheated costumers. They can get relief from the tortures of the illegal businessmen; can stay safe without hampering their own privacy, and can demand back the cheated amount.

Either it is FCRA or consumer law attorney; both are meant to help the costumers. But, it is to be considered that there are many disloyal customers also who try to take the opportunity of these kinds of facilities. They are mistaking if they are thinking this. All the controllers of the acts work on the basis of solid proofs. They won’t believe you until you provide them strong and accurate evidences to file a case against the stated cheater. So, have the privilege of the act but keep it behind the bars of limit.

Texas Property Laws Need a Pound of Cure

An ounce of prevention is worth a pound of cure�except when it comes to Texas property laws.

Old Ben Franklin was referring to fire fighting when he wrote this sage advice back in the 1700s. My corruption of Mr. Franklin’s idea refers today to the sorry state of Texas eminent domain laws.

Voters overwhelmingly blessed an ounce of prevention last year with the passage of a Constitutional amendment backed by Texas Farm Bureau which stops the government from taking private property to give to another entity for the primary purpose of economic development or enhance tax revenue.

That was a good start, but falls far short of the pound of cure Texas property laws need. Condemners have a license to steal, the way Texas eminent domain laws are written today. Not all condemners abuse the law. But horror stories abound of landowners suffering the injustice of unfair condemnation practices.

Look, for example, at Bryan Adamek, a South Texas farmer who fought against a lowball offer in eminent domain proceedings to take his valuable farmland for a landfill.

Or Covey Neatherlin, who could only watch from his back porch as his pecan grove, taken by eminent domain, was reduced to mulch.

Even city folk like Jim and Nazneen Talukder , whose 25-acres were sliced and diced by water and sewer lines through eminent domain proceedings that turned their idyllic country retreat into a living nightmare.

While the list of horrors is endless across the Lone Star State, the abuses must stop.

The opportunity for reform is ripe. The Texas legislature convenes in January. Both gubernatorial candidates are saying positive things about eminent domain reform. We have a general election in November. All 150 state representatives and 16 state senators are up for reelection.

Tell your favorite candidates they can count on your support. In turn, tell them you expect their support for Texas property law reform. Remind them that:

* The need for eminent domain reform is popular among Texans, with an over 80 percent favorable vote for Proposition 11. However, Proposition 11 was only the start for needed reform.

* The Legislature needs to complete penalties for condemners who do not negotiate in good faith.

* There must be adequate compensation for loss of access.

* A 10-year buyback provision is needed for land which isn’t used for the reason it was condemned.

Wise Ben Franklin also said energy and persistence conquers all things. I’ll not corrupt that quote.

For several years, Texas Farm Bureau leaders and members have carried the fight for Texas property law reform. We failed once because of veto. We failed the second time because of legislative mayhem.

I don’t think we will fail again. Texas Farm Bureau has the energy to keep the issue alive. Texas Farm Bureau members have the persistence to see it through.

The third time, I think, we will right the wrongs of Texas property laws.

Why Speak to Specialist Intellectual Property Lawyers

The term Intellectual Property (often known as IP) refers to a set of rights which are legally earnt by someone or an organization creating something of their own.

It can be an invention, process, service, goods or artistic or literary or musical works. By enjoying IP rights no-one else is allowed to reproduce or commercially exploit the item without the express permission of the rights holder.

Intellectual property also applies to the name and logo of company and/or its products. This is especially important as the public tend to identify with company brands and logos and the specific names of products. If these were copied by rivals this could mean a huge loss of revenue to the IP rights holder.

The best way to protect your IP rights is to consult with specialist intellectual property lawyers will be skilled in what is a very complex area of law. They will be able to provide the right intellectual property advice on the various types of IP rights protection available. Your chosen lawyer should be able to provide you with specialist intellectual property advice on a range of IP issues including management of the your intellectual property, engagement in any negotiations of IP agreements, assistance with the licensing and franchising of the IP, registration of the relevant trademarks and representation when and if your IP rights are infringed.

There is no obligation for anyone to seek intellectual property advice, but by consulting with specialist intellectual property lawyers, you will have the advantage of knowing you have access to experts.

It is also important to realise that intellectual property, just like physical property, does have monetary value. The products or services resulting from that IP can be commercially exploited. The advantage of seeking intellectual property advice is that no-one else has the right to exploit it. If those rights are infringed your intellectual property lawyers will be able to initiate action and take the matter through the courts if it proves strictly necessary.

The lawyers providing specialist intellectual property advice can also aid the client in exploiting the potential of his IP. While IP rights does prevent others from producing or selling a particular product or service it is allowed if the rights holder gives express permission through a license. And this can be financially advantageous as the rights holder receives fees for the license. Your intellectual property lawyers will be able to draw up the terms of the license agreement.

Brand Protection Technology For The Apparel Manufacturers

Recently, INVISTA, the owner of LYCRA fiber brand and one of the world’s largest integrated producers of polymers and fibers was able to seize and destroy 2000 pairs of trousers bearing counterfeit LYCRA fiber hand tags with the help of Polish customs officials. It is definitely a moment to rejoice for the apparel manufacturers fighting a tough battle to keep counterfeit apparels away from the market. However, it is also a fact that in the battle against the counterfeiters, the victory comes in favor of the original apparel manufacturers very rarely.

Since counterfeiting is an illegal activity done clandestinely, it is very difficult to provide exact statistics. However, as per the 2012 Global Report on Counterfeiting, the revenue obtained from the sale of counterfeit goods has grown 400% since 1990s while that of legitimate brands is just over 50%. This definitely shows that the counterfeit industry has grown from a mere small-scale industry to a highly networked and highly sophisticated industry costing the global economy billions of dollars annually. According to the International Chamber of Commerce, counterfeiting is worth $600 billion a year that accounts for between 5-7% of world trade.

In the apparel industry, the market growth of counterfeit apparels is double when compared to that of legitimate apparels. And with the advent of the Internet, counterfeiters and gray market operators have got a safe haven to put the product on sale. The global anonymity of the Internet coupled with the popularity of online shopping sites has made it easy for the counterfeiters to find consumers and markets for their products.

The sale of counterfeit apparel is going in a big way on the Internet thanks to many buyers who use this simple sales channel. This has to be stopped not only because it affects legitimate business but also because of the fact that the revenue from the sale of counterfeit goods is used to fund criminal activities. With counterfeiting being a global issue, there is the need for effective measures to prevent the sale of counterfeit apparels and products. One such measure is to invest in effective anti-counterfeiting solutions.

With the new sophisticated brand protection technology, legitimate manufacturers can now easily find the violators and bring them to compliance. In this way, they can not only recover the revenue and brand reputation lost to counterfeits but also prevent the flow of money to fund organized crime.

Arizona Foreclosure Attorney – How Bankruptcy Can Help You

If you’re like thousands of other Arizonans, you’re in danger of losing your home to a bank foreclosure. Fortunately, many are discovering the solution in what may seem the unlikeliest of places – bankruptcy. Losing everything you own is just one of many Arizona bankruptcy myths encountered by Arizona Bankruptcy Now legal counsel over the past 15 years. In fact, with the help of an experienced Arizona bankruptcy lawyer who understands the law, you’ll likely keep your home, as well as your vehicle and other prized possessions too!

In most cases, homeowners facing potential Arizona foreclosure have been hard hit by adjustable rate loans. They started out with low payments they can afford, only to see the cost of their monthly mortgage rise beyond their reach. For many, the problem is multiplied by credit card debt and medical bills. Once they’ve exhausted all their options, hundreds of hardworking Arizonans just like you come to the same conclusion every single month – they need the help of an Arizona bankruptcy attorney.

The bankruptcy process can be complicated and stressful. That’s why it’s imperative you seek the counsel of an experienced bankruptcy attorney who’s done it countless times – not just anywhere, but here in Arizona where you live, as bankruptcy laws vary by state.

First, your attorney will help you decide which form of bankruptcy may be right for you. Chapter 7 eliminates much of your debt, including credit card and medical bills, freeing up extra money for you to make your monthly mortgage and car payments. Chapter 13 requires you to pay back what you owe over a specified period of time. It may also eliminate more types of debt than Chapter 7. Only an experienced bankruptcy attorney will know which option is best for your unique situation.

When it comes time to file your bankruptcy petition with the court, your Arizona Foreclosure Attorney is equally essential as paperwork errors mean revision and resubmission. It is critical to provide the court with a schedule of your assets and liabilities within 15 days of filing the petition. Miss this deadline, and the court dismisses the case.

If you are already in the middle of a bank foreclosure on your home, be sure to file your petition with the court before the foreclosure sale date on your property. That means consulting with an attorney as soon possible to allow enough time for preparation.

When it comes to keeping the home you’ve worked so hard for, your toughest decision could also be your smartest. Within months of your bankruptcy’s completion, you can start rebuilding your credit again. You can get the fresh start that bankruptcy law is intended to provide. To find out which form of bankruptcy may be right for you, contact an experienced bankruptcy lawyer for a free consultation.

The Rise of False Marking Litigation

There is a new litigation trend brewing on the horizon: false marking. Much like the increase in litigation in early 2000 from patent trolls, this is now a new source that’s driving increases in litigation. Because of a recent court decision, it is extremely profitable to sue companies who have falsely marked products as patented.

For operating companies, this has serious implications for product projection strategies, maintenance decisions, and product management.

U.S. Patent Law explicitly permits marking products to indicate they are in some way protected by a patent i.e. Patent Protection. There are a number of reasons a company might decide to expend the effort of marking a product to indicate a patented technology, process, or material was used in producing it. It might be determined, for example, that as a marketing tactic, the mark provides a competitive advantage by causing the perception that the product is superior.

Another obvious reason to mark a product is that it puts your competitors on notice that they are barred from copying anything unique about your product without your written permission. A careful reading of the statute (35 U.S.C. Section 271), however, reveals something that might not be quite so obvious initially.

The statute also explicitly prevents a patent holder from being awarded compensatory damages if the product is not marked and someone infringes on the patent. The functional effect is that your product should be marked for business reasons that go beyond a simple marketing tactic. In the event you discover patent infringement of one of your products, you are limited to collecting damages only after the competitor was put on notice. Those facts by themselves seem relatively simple to understand�but they are complicated by another section of the law known as False Marking. USC 35 Section 292 makes it unlawful to mark a product as being protected by a patent if it is not.

The law has also recently been interpreted in such a way as to make it a very expensive violation. At one time the law was interpreted on a per product basis; it was a single violation to distribute any number of the same product with a false mark. The law limits the fine to $500.00 per violation, which is not a significant incentive to a large company and, consequently, they tended to ignore the legally required due diligence. On December 28, 2009, however, a U.S. appellate court for the Federal Circuit held that fines should be imposed on a per article basis, $500 for each item shipped. With this latest ruling, due diligence is no longer a luxury; it’s an absolute necessity.

Online Brand Protection Secure Your Brands Reputation Today

Online business is a necessary channel for product companies to be successful. This represented by eCommerce which has flourished extensively over the past few years. It is one reason why most of the companies today have their websites, their social networking id’s and their company weblogs, where the public can interact. It is important to know in the virtual sphere you are spoken about. People are making comments and judgments about your brand, services and products that you offer, your after sales service, customer care service and the like. Any positive publicity would add to your goodwill and positive image building, however negative publicity would result in the opposite.

What is Online Brand Protection?

It is important to understand the concept of online brand protection before delving in its finer aspects. In simple words, it refers to a host of defense measures for online business. Under this, the proprietor of a certain brand has the authority to secure its trademark from third party interference by deploying online methods

Importance of Online Brand Protection

Most market experts and legal teams agree that online brand protection is of great importance in today’s world. It is important to understand that your business concern or name has a certain profitable entity and reputation attached to it. Therefore, company name is the most priced possession along with other aspects such as online popularity and success.

There are instances when a customer’s negative remarks resulting from a purchase of counterfeit or gray market product or service has been noted. The best way to resolve is by applying online brand protection tools and addresses the situation as per the requirement. Such a situation is especially possible because of the presence of the gray market in the economy.

Benefits of Online Brand Protection

The services and benefits that online brand protection tools results to its users are as follows:-

Online brand monitoring techniques have the capacity to provide users detailed data on product, seller, individual listing levels that allows a brand to make decisions based on updated information with regards to areas of investment for brand protection in an efficient manner.

Such software application has the capability to offer users in-depth information on seller, product, individual listing levels that enables your brand to take decisions based on upgraded inputs concerning where to invest the brand protection amount most effectively.