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Why We Study Intellectual Property Rights ?

admin — Sun, 08 Aug 2010 08:09:39 +0000

International policies toward protecting intellectual property rights (IPRs) have seen profound changes over the past two decades. Rules on how to protect patents, copyrights, trademarks, and other forms of IPRs have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986–94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world’s economies must respect. Additional international IPR rules have been created in various bilateral and regional trade agreements and in a number of intergovernmental treaties negotiated under the umbrella of the World Intellectual Property Organization.
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Legal and Negotiating Strategies Every Manager Should Know

admin — Sat, 07 Aug 2010 18:52:29 +0000

Today, in what I like to call the civilized world, disputes are resolved in courtrooms. Sure, that’s a step in the right direction. But surprisingly, the strategies and tactics of today’s business disputes are remarkably similar to those used by past leaders on the battlefield.

What’s changed the most, on the other hand, is that today’s leaders are surprisingly unprepared to lead their “troops” into battle. It’s shocking, frankly, how naive and ill-equipped most executives and business leaders are, both before and after they enter the modern-day legal battlefield.
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Essential qualities in a Criminal Lawyer

vicky113 — Wed, 04 Aug 2010 02:58:00 +0000

Do you need a criminal lawyer? Are you looking for one to help you with your case? Is anyone you know in trouble and you need clarification on what to look for in a lawyer that will be able to help turn the case in your favour? Would you like guidelines on what you need to spot in any lawyer before hiring his services? How would you like to know within five minutes of talking to a lawyer that you have the right guy? Here are some tips and guidelines to help you along that line.
1. His History and Record
Most of the time, finding a criminal lawyer isn’t the problem. It is his track record that is the problem. Questions like “How many cases has he won? How many has he lost? What do his colleagues think of him? Does he deliver solid results? Most importantly, can he help me win this case?” come to mind when you want to hire a criminal lawyer.
Therefore his track record will speak volumes for him. Criminal lawyers have their victories and their losses. But you don’t want one that has more losses than victories. Some attorneys have the good fortune of winning over 98% of all their cases.
If you find one like this, he is likely to be costly, will be sought out by most people and more importantly, may not have the time for you even if you have the means to pay him for his services.
But if on the other hand, you can find one who has at least 65% of his cases won, then you have a very good chance of hiring the right person – and he is also likely to be less busy and cheaper.
2. Professionalism
A lawyer’s time is crucial and he therefore doesn’t really have the time to chitchat and talk about your woes. What he often wants to talk about is how he can help you. This should come across in your interactions. If he is professional in his interactions with you, then you can be sure you have a good one.
He will often ask questions with the aim of getting to the root of the matter. His demeanour will most times be open and while he may be gruff in appearance, he can often make you feel safe. This is the kind of lawyer you want to deal with.

3. Flexibility in Payment options
While it is important that you pay him his fees, he should be flexible and understand that times can be rough. In certain instances, if he feels that you may not be able to pay and the case involves compensation for you if you win, you can make him an offer by splitting the profits if you win the case. Good criminal lawyers tend to go for this option and will put in their very best to ensure that you win the case. After all, they cannot make any money unless they win.
Other qualities to look for when selecting a criminal lawyer:
* Listen carefully to your needs and explanations
* Ask lots of questions to dig deep for
* Provides procedures and questions that may arise in court very clear to you and other parties involved
* Find all possible means the law to help you receive outcome
* Understands the importance of early preparation
* Works with you in your financial situation to reduce the burden
If you’re not sure where to start your search, go online and type in keywords specific to your needs. For example, type “Salt lake Kolkata criminal lawyer”, “Fort Lauderdale criminal lawyer,” misuse of funds or a lawyer in Mumbai “to find a lawyer according to your specifications and / or location. This will reduce research, and help you find the websites of the various lawyers so that you can compare their services online. Make a few calls and notice the professionalism and manners of the receptionist. This is your first impression of any business and a starting point. Now you are ready to meet with a criminal lawyer or perhaps even a bit to make your final decision.
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Technology Licensing Agreements:EU Vs. US

admin — Tue, 29 Jun 2010 06:55:50 +0000

Innovation is the source of new products and processes that expand the frontiers of competition. Advancements in technology are continuously occurring throughout the world as firms seek to develop new ideas for their products, services and markets. Most technology licensing is pro-competitive and should be encouraged by competition authorities. Nevertheless, in legal and economic spheres the connection among IP policy and competition law is an enduring subject matter of discussion, for the reason that both policies have possibly conflicting aims. In a higher level of analysis, it could be said that IP and competition law are complementary since they both pursue the promotion of consumer welfare. However they seek different interests towards the achievement of such target.
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Traditional Knowledge Vs. Patent System

maddy — Tue, 29 Jun 2010 06:49:08 +0000

Traditional knowledge (TK) is in simple terms knowledge systems held by indigenous communities, often relating to their surrounding natural environment. Through globalisation and the increased availability of this knowledge as well as the implementation of intellectual property systems in the developing world TK and its relationship with the IPR-system has become a much debated and highly complicated issue. Patents have been granted with knowledge that stems from TK, some of these patents have been challenged and accused of being examples of ”biopiracy”. The task of attempting to better adjust the patent system to TK is being undertaken for the most part by working groups attached to the Convention on Biodiversity and the World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Due to amongst other things, the controversy of biopiracy much of the debate has been mired in what can be seen as post-colonial anger and guilt, it is highly politicised and often far removed from the legal issues at hand. This thesis attempts at reclaiming the issue from the political arena and approach the imperfect interaction between the two knowledge systems as a legal problem instead of a political one.
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Counterfeiting and piracy from a rightholders perspective

admin — Tue, 29 Jun 2010 06:42:46 +0000

This essay focuses on the increasing problems for companies and right-holders with counterfeited and pirated goods in the European Union and the problems for right holders to enforce their IPR rights. Will IPRED1 make a difference and is there really a need for the new Directive of Enforcement 2004/48/EG, or do the sanctions according to the TRIPS Agreement suffice. Further, IPRED2 is a follow up of IPRED1, with criminal sanctions to be implemented. Also the Council regulation (EC) No 1383/2004 concerning customs actions against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods to have infringed such rights will be discussed. The second question to ask is&semic are IPRED1 and The Council regulation effective enough to protect IP rights. Will the intention of harmonizing criminal measures be what is necessary to improve enforcement of intellectual property rights in the Member States. Problems can arise when it comes to parallel import of goods, since there are no international directives for the customs to use against this kind of trade over the borderlines. The thesis will focus on infringement of intellectual property rights, mainly trademarks and design rights from a right-holders perspective and not the problems related to parallel import. The European Union has seen a 900% increase in the amount of different counterfeit products coming into the European Union in the last five years Statistics taken from EU institutions press release”Customs Counterfeiting and piracy in 2001”, issued from Brussels, 26 July 2002..Losses to U.S. business from the counterfeiting of trademarked consumer products is estimated at $200 billion a year according to the Department of Commerce. Often organized crime lies behind the trade of counterfeited goods and piracy. In 1998, the EU commission presented the Green Paper in an attempt to fight piracy and counterfeiting within the common market. This has resulted in a new directive, called IPRED1 in which the protection of intellectual property rights are secured.
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Role of Intellectual Property Rights on Economic Growth in China

admin — Tue, 29 Jun 2010 06:37:46 +0000

Nowadays, Chinese government tries to gain more sustainable and high speed growth on the economic performance with more innovation brought by improving intellectual property rights (IPR) system. A view on protecting IP by previous studies is that the effect of strength IPR on economic growth is not clear. There is no doubt that the IPR construction could bring both benefit and cost to China. In this study, the role of IPRs on innovation activities are analyzed at first, and then I employ the cointegration theory to test the influence of IPR on China’s economic growth (GDP). The final results show that there is a significant positive relationship between IPR and GDP.
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PIG on the football field

maddy — Mon, 28 Jun 2010 18:35:46 +0000

Craig Johnston, a Liverpool footballer from 1980 to 1988, has a reputation for being something of an ideas man. He created the TV game show “The Main Event”; he wrote The Butler software which tracks the drinks taken out of minibar fridges in hotel rooms; he invented Traxion sole, used on most football boots; he designed the Predator Adidas football boot used by David Beckham and Johnny Wilkinson.
Craig hasn’t named his new design after his favourite animal: ‘Pig’ stands for Patented Interactive Grip. By choosing this name Craig has illustrated his awareness of intellectual property (IP) and the importance of protecting his innovation by getting it patented. Craig has to go about turning his idea into reality.
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Jurisdiction and the Internet after Gutnick and Yahoo!

admin — Thu, 10 Jun 2010 06:06:47 +0000

This paper considers jurisdictional issues associated with the Internet, with a focus on defamation as it arises on the Internet. The leading Australian case of Gutnick provides a key basis for analysis, and reveals that the traditional rules of jurisdiction can, and do, provide a sound basis for Internet regulation.
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All about the “Basmati Patent Case”

maddy — Thu, 10 Jun 2010 05:37:41 +0000

In late 1997, an American company RiceTec Inc, was granted a patent by the US patent office to call the aromatic rice grown outside India ‘Basmati’. RiceTec Inc, had been trying to enter the international Basmati market with brands like ‘Kasmati‘ and ‘Texmati‘ described as Basmati-type rice with minimal success. However, with the Basmati patent rights, RiceTec will now be able to not only call its aromatic rice Basmati within the US, but also label it Basmati for its exports. This has grave repercussions for India and Pakistan because not only will India lose out on the 45,000 tonne US import market, which forms 10 percent of the total Basmati exports, but also its position in crucial markets like the European Union, the United Kingdom, Middle East and West Asia.

In the wake of the problems with patents that India has experienced in recent years, they have now realized the importance of enacting laws for conserving biodiversity and controlling piracy as well as intellectual protection legislation that conform to international laws.
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