Thứ Hai, 15 tháng 1, 2018

Which firm is better and cheaper for trademark registration?

BY Juna Mèo IN , , , , No comments

The problem that many people face at the very start is that researching existing trademarks is not only an incredibly tedious process, but it’s also easy to make a simple oversight that could lead to inability to complete the trademark. In the end, you can waste a considerable amount of time and money.

If you are searching for a reputable attorney, then I assume that you recognize the challenges.
A lawyer can help simply the process by:
-Completing thorough research
-Meeting strict deadlines within the process
-Counseling you about ways to use the trademark

ANTLawyers has access to several trademark attorneys that are incredibly skilled, but also much more affordable than traditional law firm prices. Our business is dedicated to transforming how people obtain legal services. We utilize technology as a platform for communication and easy access. Because our attorneys work for themselves, their rates are incredibly affordable and they offer flexible payment solutions. Let’s get in touch and talk about your options.

Thứ Ba, 9 tháng 1, 2018

I have an idea that has to do with “social networking”. Do I patent or copyright it?

BY Juna Mèo IN , , , No comments

“What’s the deal with copyrights?” and “What’s the deal with patents?”

Copyrights protect works of authorship, but not abstract ideas. A work of authorship is something specific… it’s words on a page (including lines of code on a hard drive), it’s paint on a canvas (or colored pixels on a screen), it’s musical notes on an iPod.

The Harry Potter books begin with these lines:
“Mr. and Mrs. Dursley, of number four, Privet Drive, were proud to say that they were perfectly normal, thank you very much. They were the last people you'd expect to be involved in anything strange or mysterious, because they just didn't hold with such nonsense.”

Those lines are protected by copyright. But does JK Rowling own the idea of a story involving three kids who get into mischief and adventure at a magical school? No. That’s too much of an abstraction of her work. That’s the idea of her work, but not the expression. Copyrights cover only the expression, not the idea.

So let’s say your social networking idea involves making a separate social network for left-handed bowling historians. You can probably protect your logo with copyrights. You can probably protect some visual aspects of the web page layout. But you can’t protect the mere idea of a social network for left-handed bowling historians with copyrights.

What’s the deal with patents?

Patents cover functional inventions. New molecules for treating illness, new car components for faster or more efficient engines, new chips for better electronics, that kind of thing. Computer software does sometimes count. But once again, patents don’t cover abstract ideas, only applications of ideas.

It’s a little tricky, because the line between “abstract idea” and “application” is very blurry. I mean, even to the point where professional patent attorneys don’t always agree where the line is.

Without knowing more, it’s tough to tell if a “social networking idea” is abstract or concrete. (To be sure, I’m not asking to know more. Don’t tell me, it's your confidential information right now.) That’s the first hurdle.

The second hurdle is that your idea has to be new and non-obvious in order to be patented. My left-handed bowling historian thing is probably new, but probably not non-obvious from the perspective of the patent office. There are no technical challenges that one has to solve to make a social network for left-handed bowling historians, so that social network would probably be considered an obvious variation of existing social networks.

But let’s say you come up with some kind of really cool screening method. Let’s say you figure out — remarkably — a way to tell if someone is a left-handed bowling historian simply by scanning their retina. That would be amazing, and super-patentable. You could use that technology to limit access to your otherwise-unpatentable social network.

Now the bad news: let’s say your idea is patentable. How do you get a patent? Well, it costs money. The typical “retail” price of a patent application is about $10K to get it filed. Most of that is taken up by an attorney or patent agent who drafts your patent application. You can draft the patent application yourself, but it’s… hard.

Then let’s say you get a patent. That doesn’t mean competitors will respect it. You have to be ready to detect infringers and enforce your patent against them. This also costs money.

Big business is… tough.

Thứ Năm, 4 tháng 1, 2018

How can I do a reaction video without getting a copyright strike?

BY Juna Mèo No comments

How can I do a reaction video without getting a copyright strike? Why do some people skip and cut the video while others don’t?
Your first problem is that the way most reaction videos are made, they are absolutely an illegal copyright infringement.

This whole things about skipping and cutting is an attempt to avoid being detected by YouTube’s upload scanner, Content ID. You are asking us how to circumvent detection, not how to do this legally.

Because legal use will probably still be flagged by Content ID, and then you have to appeal your copyright strike based on a Fair Use argument. But that argument might fail, since there is no legal requirement that YouTube display your content, even if it does qualify as fair use. After all, perfectly legal porn is banned on their website, as is some other content.

Fair use is only intended for reviews, criticism, parody (and other uses that aren’t applicable here: academic use, news reporting, etc.) Most “reaction videos” could possibly be reviews, but the people reacting aren’t actually reviewing, they are just reacting. Not the same thing.

Thứ Ba, 2 tháng 1, 2018

Can I file a patent for a software that includes functionality from existing patents?

BY Juna Mèo No comments

Yes. The fact that someone has patented a concept that you are building upon does not stop you from getting a patent on an improvement on that concept. that is kind of the point of the patent system encourage people to disclose their invention (in exchange for possible patent protection), so that others will improve in the inventions that were disclosed.

However, having a patent on an improvement on someone else’s invention does not protect you from infringing on their patent. It may be that to use the invention of your patent, the user needs a licence from both you and the holder of the patent that you improved upon. Even though you may be able to get a patent on your invention, you would need to compare the claims of the patent that you are building upon to see if your invention is covered by the claims of that patent to determine if your invention infringes that patent. If you are not using at least one element that that patent’s claims require, it may be that your invention does not infringe that earlier patent, whereas if your invention includes each element of any one of the broadest claims of the patent that you improved upon, it is likely that anyone using your invention infringes on that earlier patent. Either way, your invention may still have value if your invention is one that people are willing to pay the extra royalties for the extra improvement (unfortunately however, most inventions never make money).


Thứ Hai, 25 tháng 12, 2017

What is plagiarism?

BY Juna Mèo No comments

Plagiarism means claiming other's ideas as one's own. It means taking information or ideas from other writers and using them in one's own work without acknowledging the source appropriately.

Mostly the University students seem to have faced the issue of plagiarism as they use other's works without citing or acknowledging them either by intention or due to lack of knowledge on the importance of quoting or citing.

Since it is a serious academic offence/sin, each writer should attempt his/her best to avoid plagiarism. It is a form of intellectual dishonesty or theft.

The following ways of taking information from others would be considered plagiarism:
1.      Not providing reference when we have used other's ideas in our work.
2.      No use of quotation marks even if we provide the reference.
3.      Taking a few sentences or paragraphs from other's work without referencing.

The following ways would not be considered plagiarism:
1.      Use of commonly accepted ideas even without referencing.
2.      Presenting the results of our own work.
3.      Use of some vocabulary from the original or use of some new sentence structures different from the ones in the original texts.
4.      Using the summary substantially different from the original.

Thứ Sáu, 22 tháng 12, 2017

Forms of Disputes and Approaches to Settlement

BY Juna Mèo No comments

Dispute in Vietnam could be between parties in business transaction, foreign investors and Vietnam government, or between countries in implementing international treaties.

The formation of market economy in Vietnam took place in the context of the development in the width and depth of the economic ties at a significant fast pace that make Vietnam an important part of the world supply chain.  Vietnam suppliers could sell the goods and services to the world and the foreign supplier could also export their goods and services to Vietnam market.  Further, as the Vietnam market opens up, foreign investors could invest through various forms of investments in Vietnam i.e. acquire equities in Vietnam companies, establish business in Vietnam.  During this process, disputes are an inevitable result which has been growing in scale and complexity.
Most should agree that disputes shall be construed as the dissent, inconsistencies or conflicts of interests, rights and obligations between the parties in the economic relations at different levels. Accordingly, economic disputes can have the following basic forms:
– Disputes in business are between the participants in a business transaction including investments, production to consumption of products or performance of services on the market for profit purposes i.e. professional and product liability, debt disputes over a business transaction, franchise disputes, intellectual property disputes, and disputes over contract for supply of goods or services…
– Disputes between foreign investors with Vietnam government agencies, arising in the implementation of the BTO, BT, BOT, and the implementation of international agreements on promotion and protection bilateral and multilateral investment i.e. government policy and policy measures, concession to water and sewerage, power or energy supply, project or contract payment…
– Disputes between countries in the implementation of the international bilateral and multilateral agreements.
In Vietnam, as the disputes arise, parties involved could consider resolving the matters through negotiation, mediation, arbitration, or taking court actions after taking consideration of various factors including cost, time, and the complexity of the disputes.  Litigation law firm in Vietnam with skillful dispute lawyers should be consulted to provide the suitable advice for dispute resolution.

How ANT Lawyers Could Help Your Business?

Contact Us for ADR & Mediation Services provided by qualified mediators and lawyers, supported by field experts. Via email, office tel (+84) 24 32 23 27 71 or talk to our partner directly at + 84 912 817 823.

Thứ Ba, 19 tháng 12, 2017

Dispute Settlement in International Trade

BY Juna Mèo No comments

In international trade, when drafting international contracts, the parties usually focus on the terms of payment and expense but little attention to terms of dispute settlement. Thus, the parties should be aware that the disagreements and disputes can arise at any time. Therefore, in the process of concluding an international economic agreement, the parties should note the provisions on the selection methods of dispute settlement if a dispute occurs. Currently, there are 4 dispute resolution methods in international trade as follows: negotiation, mediation, commercial arbitration and court.

  • Negotiation
Negotiation is a settlement method which is usually applied in international dispute settlement. In particular, the parties discuss together, struggle, compromise and agree to settle the dispute. The result of the negotiation is that the dispute could be resolve or not. Negotiation is conducted in two ways: The two parties directly meet each other to discuss and deal or one party submit complaint to the other party and the other party answers the complaint.
  • Mediation
Mediation is the method of resolving dispute between the parties through the role of a third party. Mediation can be accomplished by two ways: One is that the parties agree with each other about mediation, the mediator will be designated and conduct the mediation without following any rules of mediation. The second way is that the parties agree to conduct the mediation under rules of a professional organization or one specific arbitration institution, such as mediation rules of the International Chamber of Commerce (ICC).
  • Commercial arbitration
Arbitration is a method of dispute settlement arising in trade activities that are agreed between the parties and carried out according to the order and proceedings. Presently, there are kinds of arbitration such as: ad hoc arbitration and permanent arbitration.
  • Court
The 3 dispute settlement methods above are voluntary in nature. They are different from the dispute settlement in accordance with judicial procedures at court. The settlement of dispute by court is to resolve dispute through the activities of the State tribunals. Therefore, litigants in the dispute are often considered as a final solution to protect their legitimate interests. Especially, when there is a conflict, the parties will choose the form of trade negotiation or mediation rather than commercial arbitration or court.