Thứ Ba, 22 tháng 8, 2017

What is Intellectual Property?

BY Juna Mèo IN , , , , No comments

IntellectualProperty is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words – you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Let’s examine the four main areas of Intellectual Property law: Trade Secrets, CopyrightsTrademarks and Patents.

Trade secrets give the owner a competitive edge. If some information has value to competitors and they don’t know about it – then it’s a trade secret. If the information was not kept reasonably safe (secret) then it’s not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didn’t sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc… These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the “literal expression.” It doesn’t protect the “underlying” theme of the writing. It must have some creativity. You can’t copyright a simple list. You don’t actually have to have a copyright notice since March 1st, 1989. The recommended notice is “copyright” year author’s name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks must be aunique name, design, symbol, logo, color, container, etc…that businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuart’s Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a “service” mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use “in commerce that Congress may regulate.” This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You can’t use the circled R just yet. You can only use this if your logo or mark has been registered.

Patent law givesinventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

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Author:Stuart Simpson
Source:.Articlecity.com 




Thứ Sáu, 18 tháng 8, 2017

What is a trademark anyways?

BY Juna Mèo IN , , , No comments

We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.
We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

The definition of trademark is a pretty simple one. It's only later that the topic gets complicated. Basically, a trademark is just a sign of some kind that distinguishes a company from all the rest. Trademarks sit under the umbrella of “intellectual property.” A trademark can come in many different forms. Maybe it's am image or a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the phrase “that's hot.” Indeed, there's a lot of controversy over what can and should be trademarked.

Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It's important that your company has a signature and unless it's protected, it's useless and can be used by just about anyone. A trademark might seem a simple concept enough, but if you overlook the issue, it could cost you a lot down the road.

When talking about trademarks, you're bound to get into some murky water. For instance, some marks, logos, phrases, images, etc, become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. When we think of trademarks in this way, it's pretty apparent that a trademark is not a narrow concept at all. Anything that conspicuously distinguishes something from something else, in a sense, can technically be a trademark.

What about those little circles with the “TM” and “R” in them? What do they mean? The “TM” refers to trademark and the “R” refers to a registered trademark. While they serve as gentle reminders that the trademark is protected by law, they aren't necessary. There are both unregistered and registered trademarks out there, the latter obviously carrying more weight in a court of law. Most of the trademarks you see on TV and in magazines are registered.

Just as with physical property, intellectual property – when handled in court – is dealt with based on its jurisdiction.

There are five basic kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and generic. On the other hand, there are some symbols that can never be used in trademarks, like national flags. It's also important to note that national and international trademark law vary, so especially if you are conducing business overseas, you should be aware of that.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepresent and misdirect your company. So choose your trademark  intelligently and make sure you understand the law backing it up so that you can put it to good work.
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Thứ Năm, 17 tháng 8, 2017

How to Select a Patent Attorney

BY Juna Mèo IN , , , , No comments

Could you use a little help protecting your invention? If so, an attorney skilled in patent law is your best bet.

As you can imagine, conveying your invention to someone who knows nothing about it will be difficult.  Therefore, it is best if you are in direct contact with your patent attorney. You can meet in person and show the patent attorney any prototypes or drawings you may have to help illustrate your invention.  As you can probably guess, the process will go more smoothly if you work with a patent attorney near you.  Although it can be done, a long distance relationship will only strain the process.   
Probably the best way to select a patent attorney in your city is through word of mouth.  To help find referrals (and to associate with others who have interests similar to yours), you may want to join a local inventors club.  You can also search through the USPTO’s list of registered patent attorneys or even just use their database to check your potential patent attorney’s credentials.

When you are seeking out a suitable patent attorney, you need to ask about their experience and background. Ask them what degrees they hold, the number of years they’ve spent writing and prosecuting patents, and the number of patents granted.  Get references from previous clients and call them to ask about their experience with the patent attorney.

When selecting a patent attorney, it’s also important to find someone who specializes in the field your invention is related to.  Patent attorneys are not equal in all areas.  For starters, what is their degree(s) in?  This is very important.  Some patent attorneys will have a degree in engineering.  Other patent attorneys will be skilled in the field of biology, others physics and yet others, computer science.  You don’t want to take your newly invented cell line (yes you can patent such things) to a patent attorney with a background in electrical engineering.  You would want a patent attorney with a background in biology to help you with this type of invention. 

If you have a basic invention, going with a patent attorney with a general mechanical engineering background will probably save you some money.  Specialized professionals usually charge more.
You want their background and your invention type to match as closely as possible.  Writing patent applications is a bit of an art.  Obviously, a patent attorney will come in handy to help you through the legalese, but there is also a great deal of knowledge and specific technical detail that must go along with it.  This is why patent attorneys must have technical backgrounds.

How ANT Lawyers Could Help Your Business?
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Author:Lisa Parmley
Source: Articlecitydate



Thứ Ba, 15 tháng 8, 2017

Procedures to Apply for Temporary Residence Card in Vietnam

BY Juna Mèo No comments

Temporary Residence Card in Vietnam
For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card.  For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.
The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.
I. Subjects to be Granted Temporary Residence Card
  • Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)
  • Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)
  • Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)
  • Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)
  • Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)
  • Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)
  • Issued to people who come to study or serve internship. (DH)
  • Issued to journalists who have permanent residences in Vietnam. (PV1)
  • Issued to people who come to work. (LD)
  • Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)
II. Conditions for Implementation
  • Time to stay in Vietnam more than 01 year;
  • Valid passport more than 01 year;
  • In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).
III. Required Documents to Apply Temporary Residence Card
  • A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)
  • 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)
  • Two 3 x4 cm size photographs;
  • Passport, valid visa, immigration cards (bring original for comparison);
  • Notice of use of the seal of the enterprise
  • 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.
Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.
IV. Implementing Agencies to Apply Temporary Residence Card:
Immigration management Department, Police provinces and cities directly under the Central Government.
V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

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Thứ Năm, 10 tháng 8, 2017

Patent Your Invention

BY Juna Mèo No comments

New Inventions and Patents
If you have a new invention that is sure to take the world by storm, then you need to patent the invention as soon as possible in order to protect its integrity and your ownership for the lifetime of the patent. There are some things you will need to know about patents before you get started.


Generally, when you begin the patent process you will need the advice of an attorney to ensure all is being executed properly. If not, you will be risking your invention or someone else might steal the idea. A patent is a legal document, so it must be filed and go through the system which does take a considerable amount of time and money.

Another important tip is to know what things are available for patenting and what are not. For instance, all technology and products that are new and offer a use to the public are allowed to apply for a patent. However, if you have invented new words, works of art, music, or similar items you will need to talk to an attorney about applying for a copyright or trademark. Different inventions are protected in different ways, but if you have a new technology or product then a patent is what you need.

Once you know a patent is what you need to protect your invention you will need to apply for the patent through a long application. This requires demonstrating significant knowledge of your invention and answering many questions. Then, once you file your patent petition you will have to wait a while for the patent committee to go over all other patents in order to ensure you are applying for a new and useful invention. Then, when your patent petition is approved you will have the sole rights to produce your invention to sell to the public for 20 years, which is the normal life of a patent.
Although, before you are approved for a patent for your product or technology make sure you do not share this information, sell or demonstrate it to the public because you will be giving up your right to apply for a patent. So, if you have new technology or products make sure you do not share the information with anyone in order to protect yourself and your invention.

Then, when you have your patent you will be able to start production. However, try to include the patent number on your products in order to reduce the risk of someone infringing on your patent.
One last piece of advice is to get an attorney to help you with the process. This is because the patent process is long, tedious, expensive, and can be confusing at times. Using an experienced patent attorney can help speed up the process and offer guidance during the process. Also, few applications for patents that are filed by individuals without the help of an attorney are unsuccessful because the forms are not filled out correctly. If you are really serious about filing for a patent and producing your invention, then talk to an attorney today.
Author:Tony Leon

Source: Articlecity


Thứ Ba, 8 tháng 8, 2017

How To Avoid Copyright Infringement When Registering Domain Name?

BY Juna Mèo No comments

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.
There are some fundamental guidelines and cross-checks for selection of a domain name.
You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain registration should principally consist of a name you are using as a trade name, trademark or corporate name.
It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".
If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.
It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.
If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else’s domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.
It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person’s business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines.  Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."
A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.
You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.
Author:Stanley Spencer
Source:Articlecity.com

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Thứ Hai, 7 tháng 8, 2017

Conditions of Foreigner on Adoption in Vietnam

BY Juna Mèo No comments

Nowadays, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.
ANT Lawyers will provide to you the regulated conditions of the adoptive parents need to be met as below:
I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:
The adoptive parent has to meet fully conditions as below for adoption:
  • Having full civil act capacity;
  • Being 20 years or more older than the adopted person;
  • Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
  • Having good ethical qualities.
And not being one these following cases:
  • Having some of the parental rights over a minor child restricted:
  • Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
  • Currently serving an imprisonment penalty:
  • Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS:
After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:
  • Being the step father or step mother of the to-be-adopted child;
  • Being natural aunt or uncle of the to-be-adopted child;
  • Having adopted a child who is a sibling of the to-be-adopted child;
  • Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;
  • Being foreigners currently working or studying in Vietnam for at least 1 year.

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