Intellectual Property Broker Auctions – Intellectual Property

Intellectual property (IP) auctions are the most effective and efficient mechanism for the sale of patents and other forms of intellectual property products in today’s global market. Providing a venue for up to 100 transactions at one event, the world’s leading patent brokers conduct auctions at luxury resorts and hotels around the world. Before we get to the auctions themselves, this article will set the stage with some basic information about intellectual property and the process of moving IP into the market.Intellectual property consists of two basic categories. The first category includes industrial property such as patents for inventions ranging from software to medical devices, and aeronautics to cloud computing. Any type of technological invention or idea that is nonartistic in nature falls into this group. Artistic works such as novels, paintings photographs, architectural designs and the like fall into the second IP category. The subject of this article pertains to the first category of intellectual property and the primary mechanism in which these products are bought and sold.Inventors or sellers of IP require access to a mechanism to market and sell their IP products. Intellectual property brokerage firms offer that mechanism. Based on their experience, patent brokers work as a neutral party with sellers to conduct a product assessment and market analysis to help the seller gain insight into the value of their invention or the invention they are representing. Therefore, sellers may work directly with IP brokers or engage a third-party to represent them in working with IP brokerage firms that provide auctions. Once a market value determine and the seller agrees with it, product portfolios are ready to move to the next stage: global marketing in preparation for an upcoming auction.Auctions are the favored means by which sellers monetize their IP technology or turn their inventions into cash. IP brokerage firms collect between 40 and 100 IP portfolios from among their products and plan a live auction event to make these offerings available publicly. Through their network of investors and interested parties, patent brokers build interest in the specific offerings for upcoming auctions to potential investors all over the globe. In order for an offering to be successful in creating a lucrative deal for the inventor, the patent brokerage functions as the conduit, mediating between buyers and sellers throughout transaction.IP Auctions require entry fees and are often full-day events that include meals. At any given auction, somewhere between 200 and 300 people are in attendance including sellers, inventors, technical companies, universities, lawyers, bankers, start-ups, fortune 500 businesses and folks there for the first time to see what it is all about and are most likely future buyers and sellers.Live auctions are sometimes held along with a summit. Summits feature panel presentations by industry leaders on innovative topics that relate to the intellectual property market. The auction itself generally lasts 45 minutes to an hour with potential buyers being pre-qualified to make purchases. Some buyers preserve anonymity using proxy bidders. Bidding on IP portfolios take place both in-person or via telephone bids at the live event. Each IP property within a portfolio has a confidential reserve or minimum purchase price. If no bids exceed that reserve, the item held for a future offering or reevaluation. Once a sale transpires, the buyer has a limited time to complete the transaction including full payment. Once the deal is completed, the broker then provides due diligence and makes applicable documents available for review.

How To Protect Intellectual Property – Intellectual Property

In today’s day and age, the sanctity of our intellectual property can only be as safe as our computers and storage devices are. Given the intangible nature of this asset, it must necessarily be saved on a digital storage device. This presents a challenge to safeguard intangible property, as most digital storage platforms are really not the safest place to store something. Given the rampant data theft, violation, loss, and breach, it wouldn’t be too farfetched to say most storage platforms really are not the safest platforms to save your data.For most companies, their intangible asset is their source of enduring competitive advantage over their competitors, and it is imperative for them that this advantage is not lost at any cost. From the software and IT industry to the pharmaceutical industry, no company in the world can sustain their profitability without securing their intellectual assets. Moreover, issues of jurisdiction and product emulation prevent any legal recourse, which again is an important reason for reconsidering the best possible way of preventing infringement of property rights.The sad truth that, at times, even employees may steal valuable intellectual property and sell to the highest bidder in the black market. As such, it is important that all companies use a few imperative measures to protect themselves from theft, violation, breach and emulation of intellectual property. By the very intangible nature of this type of property, its protection necessarily means safeguarding storage devices and data, on which intangible property is saved. As such, the most effective means of protecting these assets is by a few innovative data protection measures.Using reliable network management to protect data is perhaps an important step in securing a company’s inventory of data which contains this valuable property. For this, using the most advanced and secure network protocols are necessary, and no compromise should be made on price. Under weak network security, any valuable data company’s data is just waiting to be devoured.Another important step in protecting intellectual property, stored on digital platforms ensuring that all clients, partners and employees of a company are trustworthy, and would not sell company’s valuable information whenever possible. Of course, trusting someone is always difficult, yet it is important that the company’s valuable intellectual property is not threatened by those who profit at the expense of their company.Perhaps, using encryption for securing all data, which stores valuable intellectual property, is the most important way of ensuring that no stranger is able to infringe or steal intellectual property. Using the best encryption software can really go a long way in protecting theft of valuable intangible property which takes a lot of investment and working hours to make.Using a balance of these three techniques, it will be highly probable that our intangible property can be secure. Of course, there are many other techniques which can also prevent theft of asset of such value, but these techniques are important to build a preventative base for data protection.

Intellectual Property for Beginners – Intellectual Property

Switching so many hats at home and work to get it all done puts Catholic biz moms at risk of overlooking important, non-urgent tasks.Managing your intellectual property (IP) easily tops the list of ignored activities.Understanding intellectual property basics now could save you a lot of money and heartbreak in the future.So what is IP? Guy McClung, patent and copyright lawyer, defines intellectual property as “non-real, non-dirt, non-physical intangible personal property resulting from mental processes”.Atty McClung distinguishes the four types of intellectual property:
Trademarks – a symbol or logo that identifies your company (trade names, trade dress)
Trade Secrets – anything of value to your company that you wouldn’t give to somebody for free. These include the people you include to buy supplies, customer list-anything of value like a device or process, a compilation of information
Copyrights – apply to works of authorship (paintings, artworks, reports, brochures, books-anything produced that can be copied)
Patents – deal with inventions (things, process, methods)
Still not jumping off the couch to jump to action?Here’s why you need to have an intellectual property plan:
Short-term Gain for Long Term Pain – Neglecting your IP needs now could mean that years down the road as your business and brand blossoms, you could be required to change the name or logo of your business should you be in violation of the intellectual property of another. This may have a disastrous effect on your following and your bottom line.
Giving It Away for Free – Ignorance and inaction about Copyright Laws could land you with screwed book deals where you could lose the rights to your published signature systems. You could also have your content stolen without credit or compensation simply because you failed to include a copyright symbol at the bottom of every document, website, and social media site.
Giving Away the Farm – Not recognizing what trade secrets you have and how to keep them protected could easily leave you with former employers without signed disclosure statements walking away with client lists, processes, procedures, and contact lists that took you years to accumulate. Even carelessness with computer security protection could compromise your intellectual property in the hands of the wrong person.
Don’t get that itchy-”Oh no I’m doing a ton of stuff wrong feeling and I already have so much to do!”An Intellectual Property Plan doesn’t have to be stressful.

Intellectual Property Law – Intellectual Property

Intellectual Property Law can be quite confusing at times. Copyrights, trademarks and patents all have a role in protecting your hard earned content and knowing their role is half the battle.Intellectual property in itself refers to the creations of the mind, including such things as: artistic works, literary works, inventions, names, images, symbols, and designs used in commerce. In other words, the intellect that is the possession of an organization or an individual is considered intellectual property.Intellectual property is divided into two categories, copyrights and industrial property.Copyrights give the authors of an exclusive work, exclusive rights to that work for a limited amount of time. Copyrights cover such literary and artistic works as novels, poems, plays, films, songs and other musical works, artistic works (drawings, paintings, sculptures and photographs) and architectural designs. Copyrights, which must be renewed periodically, allow the creators of a piece of work, the opportunity to benefit from that piece of work.Industrial property includes patents, trademarks, industrial designs and geographic indications of source.Patents give the inventors of a new product, a certain (limited) amount of time in which he/she may prevent others from making, selling or using the invention without authorization.A trademark is an intellectual property protection which is used to protect the distinctive features that distinguish one product from another. Those features can include such things as: symbols, colors, brands, names, sounds, smells, shapes, and signs.Fortunately, Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Also, society as a whole benefits from intellectual property laws, by the fact, that these laws encourage creativity, therefore allowing the rest of us to benefit from the wide range of products and services that are produced.Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law. Know your rights and protect them accordingly.

Basics of Intellectual Property Indemnification – Intellectual Property

Intellectual Property Indemnity – GenerallyIndemnity clauses (sometimes referred to as hold harmless clauses, indemnification agreements, or indemnity agreements) are common in agreements where one party wishes to shift certain risks to another party. In intellectual property indemnification clauses, the risk is commonly associated with patent infringement, trademark infringement, copyright infringement, trade secret misappropriation, software issues, or some other intellectual property (IP) related risk. An indemnity clause may be limited to indemnification or it may also include the obligations to “defend” and/or “hold harmless” the other party. Intellectual property indemnity clauses are particularly dangerous to vendors because the costs to defend a typical IP claim could far exceed the payments to the vendor under the agreement.Intellectual Property Indemnity – Limits on LiabilityBecause the potential liability for indemnification obligations, particularly for IP indemnity claims, can be so high, vendors will typically attempt to limit or cap their liability. One way this can be accomplished is including a limitation of liability clause in the agreement and expressly applying that clause to cap or limit the indemnification clause. For example, if the agreement provides a $50,000 fee to the vendor to develop and deliver a software solution, the vendor could likely be liable for significantly more if it is required to defend a third-party copyright infringement claim. However, if the limitation of liability clause limits the vendor’s total liability to payments actually received under the agreement and that limitation applies to the indemnification clause, then vendor’s liability is potentially capped at $50,000 even though the litigation of the claim could cost $100,000s. Many purchasers with leverage will demand unlimited or uncapped intellectual property indemnification. A potential compromise is for the purchaser and vendor to agree that the indemnification liability will be capped at some multiple of the vendor payments under the agreement.IP Indemnity – Representations and WarrantiesIntellectual property indemnification clauses frequently include representation and warranties provisions, which provide a trigger for indemnification obligations. For example, software purchasers/licensors frequently require a representation and warranty provision that the software deliverable is free from claims of infringement by third parties and further that no third-party materials or materials for which the developer does not have permission have been incorporated into the software deliverable. These provisions are intended to protect the purchaser/licensor in the event a third party later makes a claim for copyright infringement or trade secret misappropriation. If this occurs, the purchaser/licensor will likely attempt to force the developer to defend the claim and pay for any damages or settlements.Schedule

FAQ: Intellectual Property Protection – Intellectual Property

Frequently Asked Questions on Intellectual Property Protection1. Are intellectual property assets?Without a doubt, intellectual property (IP) is one of the most important assets that a company will own. IP can be licensed, bought, sold, hired or mortgaged like any other form of property. One of the main sources of IP is from the results of research and development work. In order for companies and individuals to maintain the value of their IP, they must ensure a sufficient level of protection and safeguard against infringing a third party’s IP, writes Dr Rosanna Cooper.2. What are intellectual property rights (IPRs)?Intellectual property right is the right to use intellectual property. IPRs fall within two main categories, registered and unregistered rights. Patents, trade marks and registered designs are registrable rights. Unregistered IPRs include copyright, designs, brands and know-how. Domain names can be classed as quasi-registered rights.3. How to obtain a UK patent?Patents protect inventions such as processes and products. Patents in the UK are obtained by filing an application with the UK Patent Office. On examination of the application, the Patent Office determines whether a patent should be granted. The application goes through various stages and can take up to four years before it is granted, although under the UK system, the process can be expedited.Should patent searches be carried out?It is always worthwhile to carry out relevant patent searches to establish the risk of infringement.4. What is the test for patentability?To be patentable, an invention must satisfy each of the following conditions: It must be novel (i.e. not made or used anywhere in the world before the filing of the patent application); It must involve an inventive step (i.e. it cannot be an obvious step); It must be capable of industrial application( all industries apply); and It cannot fall within an excluded category i.e. a discovery, a literary work or mathematical model.5. What is the priority date?On the filing of a patent application, the owner of the invention has 12 months from the filing or priority date in which to file foreign patent applications.6. How long does a patent last for?It is good practice to decide, as early as possible, on an international patent filing strategy. An investor should be made aware of the significant costs involved in obtaining international patents.Is should be noted that the inventor may not necessarily be the owner of the invention as an employer will own any invention made during the course of employment. A registered patent protects inventions by giving the owner of the
invention a 20 year monopoly right of exploitation.7. Are patent rights territorial?Patent protection applies only in the country in which the patent is granted. It gives a patent owner the right to bring an injunction to stop a third party infringing an invention protected by a patent i.e. a third party cannot use, sell, hire or import the patented products or processes without the authorisation of the owner. The case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005) is a recent patent infringement decision.8. What are the remedies for patent infringement?The remedies available are damages (compensation for any loss suffered) or a percentage of profit made by a third party. The claimant can also obtain an order from the courts to have the infringing products destroyed.
A recent case is http://www.rtcoopers.com/patent_infringement_aug.php9. When can an invention be disclosed?Disclosure is only relevant to patents, registered designs and know-how. If an invention is disclosed in any form (which could be oral, written or by use), the invention loses its novelty and the proprietor of the invention loses the right to obtain a patent for that invention. The following disclosures, before the priority date, can lead to an invention losing its novelty:If the invention is published (even in an obscure journal);If an invention is published on the Internet;If the invention is disclosed at an international conference;Publication of a patent application by the UK Patent Office; Use of the invention by a member of the public (without breaching confidentiality); The public is given sufficient information in the patent application to perform the invention; or The oral disclosure of an invention.An exception is where an invention is exhibited at an international exhibition within six months before the priority date in that case novelty will not be lost.10. What is the position with the USA?It should be noted that even if an application is published in the UK, it may still be patentable in the USA, as the invention date will be taken from the dated, signed and countersigned page of the researcher’s laboratory notebook which first described the invention.11. Are Computer Programs patentable?With the advent of the Internet and the growth in IT, companies are seeking to obtain patent protection for computer programs. Patents of computer programs are more readily obtainable in the USA and Japan than in the UK and the rest of Europe. The EPO and the UK Patent Office only granted patents for computer programs where the program brought about a technical effect. The Directive on the patentability of computer-implemented inventions (CII Directive) was rejected on 6 July 2005 by the European Parliament during Second Reading. It was intended to maintain the status quo of permitting the patenting of certain types of inventions involving the use of computer programs, providing they made a ‘technical contribution’ – and providing they also met the normal patentability requirements of being new, inventive and having industrial applicability
http://www.patent.gov.uk/media/pressrelease/2005/0607a.htm and http://www.rtcoopers.com/software_patents.phpHowever, the UK Patent Office will accept patent claims to computer programs, either themselves or on a carrier, provided that the program is such that when run on a computer it produces a technical effect which is more than would arise from the running of any program on a computer.12. Can you patent a business method?In the USA, patents for computer implemented business methods are available but not in the UK. If a company has a novel business method it should consider making an application for a US patent. There are certain formalities, however, which will have to be adhered to.13. What are design rights?Design rights are of two types, registered and unregistered. Unregistered design right affords protection to functional as opposed to purely aesthetic designs.14. What are unregistered design rights?Design right arises automatically by the operation of law and protects new original, non-commonplace designs of the shape or configuration of articles. Design right is not a monopoly right but a right to prevent copying.15. How long does an unregistered design right last for?It lasts until 10 years after first marketing articles made to the design, subject to an overall limit of 15 years from creation of the design. Certain exceptions apply to design right.In general, design right protects designs created by nationals, residents or companies of the European Community. The design right owner has the right to take civil action in the courts and the remedies available are the same as above.The Dyson case represents a significant decision regarding unregistered design rights.16. What are registered design rights?A registered design is a monopoly right for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture, materials of the product or its ornamentation. For a design to be afforded protection, it must be new and have an individual character. A design is new if no identical design or the designs whose features differ in immaterial details have been disclosed to the public anywhere in the world (the prior art), before the date of filing the application or the date from which priority is claimed.17. What is the grace period?However, if a designer himself, at least 12 months before filing an application (or claiming priority) markets, promotes or exhibits his designs to gauge levels of interests this would not amount to disclosure.18. What is the test for a registered design?To meet the requirements of individual character the design must produce on the informed user, a different overall impression from prior designs. This may be a retail customer. The degree of freedom of a designer in creating a design is taken into account in determining whether a design has individual character. Where minor differences separate the design from the prior art then the scope of protection is limited, the public should be able to ascertain that a design is different from others that already exist.19. How long does a registered design last for?Registration of a design would last initially for 5 years, and extendible by 5 years, up to a maximum of 25 years.20. How do I obtain a UK registered design?To obtain a UK registered design you can apply to the Patent Office on the prescribed form. You can obtain further information on obtaining a community registered design by clicking on this link.21. What should be taken into account in my business plan regarding filing of a registered design?Investors usually require a start-up business or inventor to have a design filing strategy in place as the filing costs should be taken into account when preparing a business plan.22. What are trade marks?Trade marks are the badge of a business and protect any mark capable of graphical representation, which distinguishes the goods and services of a company from those of another. Trade marks include names, signatures, smells, shapes and logos. When choosing a new trade mark, it is advisable that a company carries out the requisite trade mark searches in the UK and in all other key markets, in order to minimise the risk of infringing a third party’s trade mark.23. Should a trade mark search be carried out?Searches are therefore imperative, although the costs of trade mark searches can be significant.24. How long does a trade mark registration last?Trade mark protection lasts for ten years and the registration is renewable every ten years thereafter. The registered mark must be used, preferably in the form in which it is registered, in order to avoid the risk of a cancellation action.25. Why is the priority date important?A company has six months from the date of filing a trade mark application (the priority date) in which to make foreign applications, otherwise the company will not retain the filing date. There have been some significant developments in trade mark law.26. Is a filing strategy required?Investors usually ensure that a company has adequate trade mark filing strategy in place for achieving international trade mark protection. There are a number of trade mark systems available to achieve International trade mark registration including the Madrid Protocol.27. What can be done if a third party infringes our trade mark?A company can only bring an infringement action when the trade mark is registered. The remedies available are the same as for patents. However, a company can also obtain damages for past infringement, which occurred before registration.28. What is copyright?Copyright protection in the UK arises automatically by an operation of law.Can a copyright work be registered in the UK?There is no system of registration. However, copyright registration can be obtained in the USA for certain copyright works.What types of works are protected by copyright?Copyright protection can be afforded to various aspects of work such as literary, dramatic, artistic works, including, research notes, books, recipes, computer programs, typographical arrangements of published works including articles or lecture notes.What is the test for copyright protection?For copyright to subsist in a work there has to be some element of originality and the test is the degree of skill, labour and judgement expended by the author in the creation of the work.Who owns the copyright?The author of the work owns copyright, unless the work was created during the course of employment, in which case, the copyright belongs to the employer.How long does copyright last for?Copyright lasts for the life of the author plus 70 years.What are good housekeeping rules regarding copyright protection?A company should, as part of its good housekeeping rules, place copyright notices on all original, texts, scripts, sketches and diagrams and other copyright work. For e-businesses, a copyright notice should also be placed on a website.What amounts to copyright infringement?If a third party infringes copyright material, whether it is the copying of text from a website or a published article, the owner of the copyright has the right to bring an infringement action to stop the copying of such material. The remedies are the same as described above.What are brands?Goodwill and reputation protect the brand of a business.Can a company sue for infringement of a brand by a third party?A company can bring an injunction for the unauthorised use of its unregistered trade mark to stop a third party from passing off its name. In order to succeed in a passing
off action, a company must have the necessary goodwill and reputation and satisfy certain other criteria. One of the most important criteria is that the company bringing the claim must be able to show confusion on the part of the public. This is usually achieved by using survey evidence, which is generally expensive to collate. The remedies available are the same as for a trade mark infringement action. For a recent case on brands see http://www.rtcoopers.com/deception_or_confusion.php.How can confidentiality/know-how be protected?Confidentiality protects other information not capable of IP protection, such as an invention before a patent application is filed, know-how, including commercial information, recipes, trade secrets, processes and improvements to products. In order for an invention to be protected by the law of confidential information, the information must have the necessary quality of confidence.It is therefore crucial for the owner of an invention to enter into a confidentiality agreement at the outset of any negotiations relating to an invention. The agreement must specify:o What information has to be kept confidential;o How long for;o The purpose for which the information is to be disclosed; ando Any other limitations placed on the use of the information.What are the remedies for breach of confidentiality?The remedies for breach of confidential information are the same as for IP infringement.What is IP Insurance?IPRs are valuable assets and, as such, should be protected to the fullest extent. Litigation can be very expensive whether a company is bringing or defending an action. There are specialist types of legal expenses insurance policies available for safeguarding or defending against:o Infringement of IPRs;o Actual or alleged breach of contract; oro Defending a challenge to the validity of the insured’s IPRs e.g. the validity of a patent.What are the key issues involved in IP protection?The following checklist should aid you in assessing whether your company has a sufficient level of IP protection. The list is not in anyway exhaustive.IP IssuesPatentso Is the invention capable of patent protection?o Have the relevant patent searches been carried out?o Is there a risk of infringing a third party’s patent?o Has the invention been disclosed in any form to a third party?Copyrighto Is the work original?o Who owns the copyright in the work?o Have copyright notices been placed on all original work?Designo Is the design original?o Is the design commonplace?o Who owns the design?o Trade Marks and Brandso Who owns the trade mark?o Have the requisite trade mark clearance searches been carried out?o What is the trade mark filing strategy?o What is the risk of infringement and/or passing off?Know-howo Is the know-how kept secret and identifiable?o Have any know-how licences been granted?Patentso Has the invention being disclosed in anyway, anywhere in the world?o Was the invention disclosed under an obligation of confidence?o Did the parties sign a confidentiality agreement?Designso Has the design been disclosed to a third party?Confidentiality
(Protects information as long as the information remains confidential)o Has the inventor entered into a signed confidentiality agreement with a third party?o Is there a third party in breach of confidential information imparted to it?o How does the individual or company keep information confidential?o Have all relevant information been marked as ‘strictly confidential’?E-businesso Does the company have well drafted Terms and Conditions?o Does the company have all relevant notices on its website?o Does the company own all copyright and other IPRs on its website?o Does the company have the relevant data protection notice on its website?o Does the company’s advertisement comply with the relevant UK Codes of Advertising and legislation?Risk Managemento Does the company own all its IPRs?o Does the inventor or its employee’s keep written records of developments?o Are research notes written, dated and initialled?o Does the company require a data protection certificate?Insuranceo Does the company have adequate insurance cover?o Does the company have a specialist IP or ‘cyberliability’ insurance?o Has the company undertaken an IP audit?o If so, has the audit identified any other invention, which should be exploited?© RT Coopers, 2005Dr Rosanna Cooper is a partner in RT Cooper Solicitors specialising in commercial law. Dr Cooper may be contacted on 020 7488 2985 or by email: enquiries@rtccopers.com. Website: www.rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Royalty Routing – Intellectual Property

Royalties are the payment of licence fees or commissions by one individual or entity to another for the use of intellectual property (IP).Intellectual property can take several forms:o Patents that protect inventions or new processes
o Trademarks that relate to the names of the products and perhaps also their design and packaging
o Copyright which attaches to any original creative idea expressed in words or pictures
o Image rightsThe aim is to generate the income arising from these rights in the most tax efficient manner possible.How it works:o The client owning the intellectual property donates or sells it to an offshore owning company. This is ideally done when the property is of little or no value.
o The offshore company licences some or all of the rights for the use of the property to an onshore intermediary or agency company created in a jurisdiction
o The onshore intermediary company then exploits the rights by licensing their use in various countries
o Royalty fees pass to the onshore intermediary company which may be subject to zero or a low withholding rate due to double tax treaty provisions
o The onshore intermediary company retains a fee for the work done in negotiating contracts etc and will pay tax on this sum
o Finally, the onshore intermediary company remits the balance to the offshore company free of any further withholding taxes
Tax considerations
o No withholding tax on the payment of royalties out of an Irish company to any other jurisdiction, provided that the royalties are not Irish source intellectual property rights and that the beneficial owner is not Irish resident
o Royalty income is passive income and may not qualify for the lowest tax rates but the tax paid on a structure is a maximum of 25 per cent on 4 per cent of the income generated i.e. a net 1 per cent. The balance is routed to the offshore company in a low tax or zero tax area.

Propolis Has a Number of Properties Which Can Benefit You – Intellectual Property

People looking at propolis supplements could perhaps wonder why they are being spoken about highly. It can certainly be said that these people would have little or no information about how these supplements can help them. The condition throughout the world is not different because no scientific studies have been commissioned by the authorities in command to understand why this product can be quite an effective one to deal with a number of conditions. Perhaps the FDA finds it cost prohibitive to call for a study on a natural product that has not been manufactured in a laboratory. However, researchers from different parts of the world have been conducting studies, which have revealed that people can benefit immensely from propolis supplements.Clinical studies conducted in Europe, and in Russia where such products are utilized, extensively provide information that this product has a number of natural healing properties that can prove useful for humans. Some of the benefits that having described are mentioned below.This product has been identified as one, which can improve physical performance of an individual. It also can bring about improvements to the intellectual and sexual performances both among men and women. No evidence of any side-effects has been found by researchers that conducted studies because this is a product made from 100% natural ingredients.Propolis has proven effective in dealing with conditions related to ulcers, stress, periodontal problems, aging and even minor issues like colds and viral infections. Studies conducted to understand the effects of propolis on the immune system also revealed that the product could help with circulation and metabolism within the body. All studies conducted until date by independent researchers has proven the effectiveness of propolis but have received no attention from the FDA which continues to maintain its stance and does not take any steps to regulate the industry of supplements.If you decide that you would want to use propolis supplements you too will be required to understand that you are choosing a product which can provide you with a number of benefits but is not within the sphere of treatments approved by the medical fraternity. Therefore, the onus of collecting the information required will be at your discretion and so will be the option of using the products. If you feel that your cause will be best served by including supplements like these within your diet you can certainly go ahead and take a step towards leading a better life.

3-D Printing Will Need Completely New Laws to Protect Intellectual Property – Intellectual Property

The future is rapidly approaching and 3-D printing is about to change everything. We are already printing books on demand and those are copyrighted, but what happens when we start converting 2-D to 3-D and go off on our merry-way printing up a storm? Okay so, let’s talk shall we?Copyright Law normally has to do with 2-D work, or in the case of a 3-D sculpture a component within has to be severable to be to by copyrighted, but if a 3-D printed object is all one piece, part of something larger, integrated into the whole in a holistic way, will it still be copyrightable as a picture, image, or work of art?Perhaps not, but it should right? Otherwise people can steal other people’s work and integrate components into a 3-D printed transmission. Luckily, anything transmitted or re-broadcast does have case law protecting it if it goes by cable, radio, or satellite – but what if it goes by light-wave, that too is the future, no case law on the books for that yet.A 3-D rendering of a 2-D image, picture, or device does apply to copyright law so if JK Rawlins has a picture of a character in Harry Potter, her company can create 3-D dolls and those are copyrighted, no one else is allowed to make those without permission, there is ample case law for this for instance Walt Disney’s lawsuits against those making Disney character dolls as bootlegged pirated products. Still. The law gets fuzzy with regards to such things as artist renderings, architectural drawings, or building blueprinted plans.Now then, this gets us into a rather challenging issue with regards to copyright law protection for 3-D printing. For instance, someone can take a picture, use special software on a CADCAM to design a 3-D version, figure out the dimensions, and then turn on the prototype making laser, water, or machine cutter and make it, likewise they could send that newly created file to someone else or to their own 3-D printer. It might be possible for a new technology time-stamping and giving credit to the designer, meaning they automatically can get a royalty trickle payment, perhaps that is the answer here.If someone takes several objects and incorporates them into a 3-D printed work perhaps each layer of new changes or embedded images would be listed in this case, so everyone can get paid. However, this also gets into gray area with these new iPhone apps where you can take multiple pictures from different angles creating a 3-D image, which you’d then be able to stick into a software program and then send to a 3-D printer – who owns the object?If you take a picture of something that has a patent, and then you make a copy, you’ve violated the patent, and it doesn’t matter what method you used to re-produce it, but if you take a 2-D object with a copyright and convert it to 3-D now we get into wickedly problematic case law, where some would be covered and some not. What I am saying here, is we have a problem coming forth in 3-D copyright, patent, and even trademark law you see? If you’d like to discuss this with me at a higher level please shoot me an email.Cite and Reference:”How to Handle Basic Copyright and Trademark Problems,” by Richard Dannay, Practicing Law Institute Audio Cassette version, New York, 1990.

Intellectual Property Portfolio Management – Intellectual Property

IPR Portfolio Management refers to the generation, protection, commercialization and management of Patent, Trademark, Copyright & other related issues. It is required for business entities as to ensure that their ideas in terms of their technology, name, goodwill and other related aspects are duly protected and not being violated as to threaten the business.Generally, it may be useful for the universities, companies, scientists, inventors, research groups, business groups and other entities as to protect their IPR issues. The creations of R&D need to be ensured whether the innovations are novel and required to be protected as to be commercially exploited without any hassles. Therefore these innovations are patented, maintained, protected and saved from any infringement or misuse from any fraudulent or competitor. Apart from this, the protection to the name, brand, logo and goodwill as to keep always the exclusive right over these properties is also required. Similarly, designs of the products or articles attract the attention as to be monitored and maintained.Generally the portfolio management involves the aspects as Trademark Search in India, International Trademark Search, Trade Mark Registration in India, International Trade Mark Registration, Service Mark Registration, Logo & Brand Registration and Protection, Trademark Monitoring and Watching, Trade Mark Infringement, Trade Mark Licensing, Prior Art Search, Freedom to Operate Search, Patent Specification Drafting, PCT Filling in India, National Phase Application, Patent Registration, Patent Annuity Services, Patent Licensing, Patent Infringement, Design Registration, Copy Right Registration and other related issues.It is of vital use for a business group to have their registered rights and maintain them. Maintenance of registered right up-to-date of Intellectual Property Rights do not give only the opportunity to be recognised as to establish the image and popularity it gives the rights also to save from any misuse or misrepresentation of the property. Therefore, to resolve such issues, brand names, product designs, technologies & innovations should be registered, maintained, renewed, and saved from the any misuse, misrepresentation and infringement under the law.