Why We Should Apply Patent ?

According to patent law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties.

If The Inventor Is Dead, Insane, or Refuses to Patent. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor. 

Co-InventorsIf two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.

The inventor or the company employing the inventor. When someone makes an invention, and does so as an employee of a company, usually the company owns the right to apply for a patent. The exception once again is the United States, where only natural persons may apply for a patent. In the USA, the employee will typically have a clause in his employment contract stating that he assigns all his patent rights to the company. The filing is then done on behalf of the employee, but the rights immediately go to the company.

Most countries do require that the employee's activities are in some way related to the invention. If the janitor invents a new medicine, his company will not automatically own the patent rights to that medicine. However, if a researcher in a medical company invents the same medicine, his company does.

The company may be required to pay the inventor compensation, unless his salary is deemed adequate for an inventor. In Germany, if a company decides it does not want to apply for a patent on an invention one of its employees invented, the employee has the right to apply for the patent himself. 

Often, an inventor will assign all or a portion of their legal interests in an invention to a third party, such as an employer, prior to filing the patent application. In this instance, the third party may have the patent application prepared; however, the Declaration or Oath would still have to be signed by the inventor. Typically, an Assignment document would be executed and submitted to the U.S. Patent & Trademark Office with the application. The Assignment document, would then allow the third party to prosecute the patent application through the U.S. Patent & Trademark Office.

If an innocent mistake is made regarding the inventor or inventors, it usually can be corrected. In some instances, the name of a joint inventor may have to be deleted from the patent application. Usually this occurs when joint inventors have invented separate elements in certain claims and those claims, during prosecution of the patent application, have been deleted entirely or modified to delete the specific elements.

For more details on Apply for a Patent visit at haftvalue  Source: Article Factory,  Subhash

                             

                                                               Book details - patent

Protect What You Create With A Copyright

In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.

Every business in the United States is susceptible to Intellectual Property theft; small businesses are at an even greater risk. Individual writers and owners of small publications offer a large cache of information for intellectual property thieves to grab, and as I pointed out above, the Internet has made it very easy to do. To guard against this happening to you or your company you need to know what your rights are.

A copyright under U.S. law protects authors of "original works of authorship" fixed in any material medium of expression. This can encompass sounds, notes, words, numbers, pictures, and virtually any other media. Works that are covered under copyright law are diverse and include artistic, architectural, literary, dramatic, audiovisual, and musical. A work does not have to be published to be covered.

According to the copyright law passed in 1976, the owner of a copyright has the exclusive right to distribute, reproduce, perform, and display their work. The rights are transferable by the owner who may license them, sell them, donate them to charity or even leave them to their heirs. According to the law, it is not legal to violate any of these rights, and if the owner of a copyright wins in a claim for copyright infringement, the court may order both preliminary and permanent injunctions barring any and all present and future infringements and may also order the surrender of the offending materials.

Many people think that there is some big process they have to go through in order to obtain a copyright. The fact of the matter is your work is protected by Copyright Law when you create it and it is placed as a copy or recorded the first time. An article you write is protected, as is a song or music whether it is in sheet music, on a CD, or both forms of media. Despite this fact it is still recommended that you register formally with the Copyright Office to establish a public record and give yourself concrete legal protection for any suits filed in court.

A copyright gives you protection for 70 years after your death or if you created the work with another it lasts 70 years after the last surviving author's death. As far as anonymous works and works that were made for hire, the time is extended to as long as 120 years from the date of creation.

Unfortunately there are no international copyrights to guarantee you copyright protection globally, but most countries recognize the Berne Convention on the Protection of Literary and Artistic Works and/or the Universal Copyright Convention. These are the top international copyright agreements for providing foreign authors with copyright protection. If you are in doubt about whether or not a work you have is protected, be sure to consult with a qualified copyright attorney. That is the only way to be absolutely sure you have all the bases covered.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

Due Diligence in IP

The importance of due diligence in any investment, merger, or acquisition decision cannot be understated. Decisions can no longer be made based solely upon a good business plan. In today's knowledge based economy intellectual property (IP) is often a company's single most valuable asset. However, IP due diligence is typically an afterthought.

The Goals
The goals of IP due diligence should be collaboratively identified by the organization leading the general due diligence investigation and the IP due diligence team. The goals should then be reduced to an IP due diligence plan.

The IP due diligence team should consist of independent IP counsel. The target company's IP counsel should not be used as one can never fully critique their own work, in addition to the potential conflicts of interest.

Several factors must be considered in identifying the goals of the plan. First, the team should discuss the nature of the transaction. IP due diligence goals will differ for investments, mergers, and acquisitions.

Secondly, the financial value of the transaction must be considered. There is no use in completing $1 million in due diligence for a $1 million dollar transaction. Third, the risk associated with the transaction must be analyzed. For instance, a $1 million venture capital (VC) investment in a high-tech start-up has a much higher probability of loss than a $100 million merger of established companies.

Fourth, the underlying reason for the transaction should be discussed. For example, if a company is acquiring a target company for a particular product line or technology there should be a primary focus on the IP protecting that interest.

The Scope
The scope of IP due diligence investigations is limited by the goals identified above. The scope of IP due diligence should include investigations into the patents, trademarks, copyrights, and trade secrets of the target company to identify weaknesses, potential liabilities, and potential opportunities.

There are some general considerations applicable to all forms of IP. For instance, all of the target company's current IP should be identified and cataloged, including current patent and trademark applications. This process should identify the dates of application, issuance, expiration, required maintenance payments, and whether foreign IP protection has been obtained. Additionally, the true ownership of each piece of intellectual property must be identified.

This is particularly true for IP that has been licensed or assigned to the target company. Ownership verification requires meticulously analyzing assignments and licensing agreements, as well as cross-referencing the Patent & Trademark Office files. A golden rule of IP due diligence is to independently verify everything!

There are several aspects of IP due diligence that are unique to situations wherein the target company possesses a patent portfolio. A complete investigation into a company's patent portfolio can be expensive, yet the cost is typically a drop in the bucket when compared to the cost of litigating a patent infringement claim. Carefully identifying the goals of the IP due diligence investigation will often eliminate the need to completely analyze over half of a company's patents. After all, there is no need to perform due diligence on outdated IP that the company no longer uses. Alternatively, IP that is essential to a company's operations should be afforded additional scrutiny.

An IP due diligence plan should include an infringement analysis of the company's key IP assets. Key patents should be analyzed first to determine if they sufficiently cover the product line of interest. It is not uncommon to find that a company's patent portfolio does not adequately protect their main product lines.

The analysis should then turn to competitor's products. It is essential to identify potential infringement lawsuits during the due diligence investigation. One must determine both whether competing products infringe the target company's patents and if the target company's products infringe patents owned by third parties. During this investigation the IP due diligence team can also identify whether the target company's patents are very broad and strong or narrow and weak. The strength of patents has a direct relationship to their value.

A target company may be willing to contribute to the cost of the infringement analysis portion of the IP due diligence. This is because a non-infringement opinion from counsel can protect a company from claims of willful patent infringement. When a company relies in good faith on a competent opinion of an attorney that the company's product does not infringe a third party's patent, the company will not be held to be a willful infringer. This is important because actual damages can be increased threefold in cases of willful infringement.

Comprehensive due diligence investigations into trademark, copyright, and trade secret matters are not nearly as involved as patent investigations. However, when mergers or acquisitions involve ownership transfer of valuable trademarks it is imperative to investigate the validity, ownership, and potential infringement claims of the mark.

Conclusion
IP due diligence is necessary to avoid costly mistakes and properly determine the value of business transactions involving IP. This is true for both traditional brick and mortar companies and high tech companies. The specialized nature of IP due diligence requires that an IP attorney be retained to properly perform the investigations. isnare, David Dawsey

iPhone Trademark

Apple has already filed for the rights to the iPhone trademark. They also suggested that the company use the moniker in order for the trademark to become popular. This filing was made months before the Apple iPhone was launched on June 29 of this year.
The Apple iPhone's launch had been eagerly anticipated simply because it promised to be a mobile digital electronic device that is capable of doing what the other mobile models don't, such as sending and getting calls, faxes, email and other data such as MP3 and downloads. But it also promises to do so much more.
Apple has invested billions in order for the software to live up to the customers expectations. Surely, they have managed to do well because of the unprecedented sales of the mobile. In fact, they also struck a partnership with Cingular, asking them to only sell the mobile if the potential customer is willing to sign a 2 year contract with the provider.
However, there have been discrepancies in Apples filing for the trademark rights of the iPhone. Up to now, it is still being examined. Apple tried to get the trademark in March and also filed the same request in South Africa.
Journalists and analysts both often use iPhone to refer to Apples cell phone initiative, in order to follow up the success it received from the MAC and the iPod. Apple, though, faces more challenges in the mobile phone industry. This comes in the form of the two giants; Motorola and Nokia.
Chief executive officers of the company are already betting on the increased stocks Apple will gain because of the popularity of the mobile and they may not be wrong. In fact, they have commissioned for the prototypes that were released to their manufacturing partners which helped in getting the world the iPhone.
People who have been around Apple so long know that the company's technique is to design the handsets in such a way that it conforms with the previously released models but it leverages higher in the sense that the digital features are better than those of the mobile phones released before. Read history about iPhone
Inspired by the success of the iPod nano, the next marketing strategy for the Apple iPhone is to make it available in the candy colors which made iPods sell more. They say that they will make the iPhone available in three colors soon. Source : FreeArticles

Protecting Intellectual Property

 

Among its many influences on modern culture, the Internet has provided a virtually unfettered outlet for writers, artists, musicians, inventions and ideas. Today more than ever, an individual's creative contributions can take on lives of their own, generating wealth in ways and from ideas the author or inventor never imagined. Such intellectual property has value under the law and should be included in an estate plan to protect heirs' rights to preserve those creations and any related financial gains.

John Steinbeck's works provide a case in point. In 2006, a U.S. district judge in New York granted publishing rights for 10 Steinbeck works to son Thomas Steinbeck and granddaughter Blake Smyle, who had cancelled rights to the works held by a publisher and the children of Steinbeck's third and last wife, Elaine, among others. Thomas Steinbeck is the author's son by his second wife. The granddaughter is the child of the couple's second son, John Steinbeck IV. The convolution of family relationships--first wife, second wife and children, third wife and step-children--illustrates the need for specific instructions in the estate plan and related documents such as a will for who will receive the rights and responsibilities for the intellectual property.

What if, however, the value of the property hasn't been determined--or possibly even imagined--at the creator's death? Author Robert E. Howard committed suicide in 1936 at age 30--46 years before Arnold Swarzenegger brought Howard's character Conan the Barbarian to life on screen. Prior to his death, Howard's works had only been published in Weird Tales and similar pulp fiction magazines. Paperbacks didn't appear until the 1960s, followed by comic books in the '70s and the film in 1982. Howard's father, his only surviving relative, could not have foreseen the popularity the works would garner in the decades following his son's death.

Intellectual property, defined by law as expressions of ideas and knowledge, falls into two categories: works protected by copyright, such as writings, music and visual art, and those protected by patents, including processes, machines, designs for manufactured items, software and internet applications and food products. Copyright protection begins at the moment of creation, with no action needed by the creator, and lasts 70 to 120 years, depending on the date of creation. Patent protection requires an application and approval from the U.S. Patent & Trademark Office and lasts 14 or 20 years from the date of application, depending on the type of patent.

Both types of protection can be transferred during the creator's lifetime or at death by a will or probate. Patent owners may transfer the ownership of the patent or grant licensing rights through a written document. Copyright transfers require a written document for exclusive rights but not for nonexclusive rights. Additionally, special copyright rules apply for works created under a contract or employment of another party, with ownership of the copyright usually residing with the creator unless otherwise specified in writing. If the creator sells the work itself, he usually retains the rights to the idea itself.

If that sounds complicated, you're right. That's why legal and estate professionals often recommend that individuals who anticipate bequeathing intellectual property rights name a qualified expert in the area (music, art, writing, etc.) to manage those issues. An entrepreneur whose intellectual property may be tied to his business should seek tax advice on transferring those rights to his heirs. Determining the value of these assets can be difficult, so professional help will be needed in that area as well.

Individuals often think only of tangible assets--real estate, securities and other personal property--creating a financial plan. Those whose work touches on copyright or patent issues should include detailed plans for those assets as well.   Free Articles

How Do I Copyright My Music?

 

Protection of copyright has always been a significant issue for the music industry. The advent of MP3 technology has seen a rapid increase in copyright infringement as audio files can now be quickly and easily distributed over the Internet.

Record companies have always taken active measures to combat infringement; however, this is proving to be an increasingly complex task as the anonymity of the Internet makes it difficult to identify those involved. Gathering sufficient evidence to commence proceedings is also difficult where information is stored electronically and can be amended or deleted with relative ease. Details of file structures, alteration and deletion details, email traffic and website usage logs can be helpful, particularly where there are gaps in the visible electronic record. Gaining access to electronic records in a format that allows forensic analysis of this information may become important in the context of copyright infringement.

Background to case

Sony Music, Universal Music and EMI Music (collectively, the record companies) identified that users of networks operated by each of the Universities of Tasmania, Sydney and Melbourne (the universities) were involved in copying and distributing audio files containing unauthorised copies of copyright sound recordings. During negotiations, the universities agreed to make backup copies of servers containing relevant websites, email systems and other files, in order to preserve the information for future use.

Subsequent investigations by the record companies could not identify precisely who was involved in infringing their copyright or provide sufficient evidence to determine whether the record companies could commence proceedings for copyright infringement. They sought access to the preserved material through preliminary discovery from the universities to try and further these investigations.

Preliminary discovery application

An application for preliminary discovery (Order 15A Rule 3 of the Federal Court Rules) from a prospective defendant or non-party may be made to assist an applicant determine against whom, and on what grounds, the applicant can commence proceedings. Orders will be made only if the applicant has been unable to obtain the information through reasonable enquiries and has reasonable cause to believe that the party has information or documents that may be relevant to the issue of identity or their right to obtain relief.

Extent of access – protection of privacy and powers of the Federal Court
The record companies proposed orders that would grant them access to all of the preserved material for searching as they saw fit. They argued that the rules governing preliminary discovery were beneficial and so should be interpreted broadly. They contended that any document that contains relevant information (even if it contains other information) was discoverable. As the CD-ROMs and tapes contain some relevant files (and are documents), they were entitled to access all of the information on them.

The universities were concerned that such an order did not protect the legitimate interests of the Universities or their users. They argued that the protection of the privacy of non-involved users of their networks was an important public interest and the access sought by the record companies allowed an impermissible degree of 'fishing'. They contended that only individual records that were relevant to the issue of identity, or a right to obtain relief, fell within the scope of the rules, and so orders for discovery could be made only in relation to those individual records.

A balancing act

Justice Tamberlin acknowledged that there was a tension between allowing broad access to the CD-ROMs and tapes, which impacts on third parties' rights to keep information confidential and the universities' rights to maintain claims of privilege, and allowing limited access, which may limit the usefulness of the discovery exercise for the record companies. His Honour said that the real issue for the court was exercising its discretion in a manner that balanced these competing interests.

Justice Tamberlin accepted the technical evidence given by the computer forensic expert called by the record companies as the basis for his orders and proposed the following process.

After giving appropriate undertakings as to confidentiality, the expert (or another nominee) was to be given access to all of the CD-Roms and tapes to search the material using the techniques and search tools he had suggested.

Information extracted from the searches was to be given to the universities. The universities could then seek legal advice in relation to claims of privilege or confidentiality (His Honour considered that this was an important protection).

The universities were to prepare an affidavit of documents and allow inspection of those documents contained in the affidavit.

What does this mean?

The decision shows the willingness of the court to adapt existing frameworks, developed in the context of paper files, to deal with the challenges presented by electronic records. Armed by technical evidence given by experts, the court will make orders that seek to recognise both the challenges and opportunities that electronic records present for parties.

The exercise of the court's discretion to make appropriate orders will be a key limitation. It appears that the court will rely heavily on expert evidence to inform it as to the amount, and type, of electronic information that should be accessible. Expert evidence that is appropriate and user-friendly will go a long way to ensuring that the court understands the technical issues and makes orders that appropriately balance the competing interests of the parties and other uninvolved third parties.                                                                                                                                                    

How To Choose Good a Patent Attorney

 

Selecting the right patent attorney is a crucial step in the invention process. Your patent will only be as good as the patent attorney drafting it.

1. You should select an attorney whose engineering background relates to the field of your invention. There are four types of engineers, mechanical, chemical, electrical and computer science.
2. Ask the attorney, what kind of engineer he is, how long has he practiced patent law, how many patents has he drafted and for what kinds of inventions.
3. Only choose an attorney who can give you a quote for what the entire bill will be. They will have to inspect your invention first. Ask how the payments will be arranged.
4. Use a patent attorney that hires an independent professional patent searcher. An in-house searcher would provide a conflict of interest, leaning towards making the patent search more favorable.
5.  You should select a patent attorney who is also an engineer. Both skills are needed to construct a good patent document.
6. Trust you intuition and only choose an attorney who you feel understands your invention.
7. Interview different attorneys until you have made your choice. You will be working with this individual for 2 to 3 years.

Tips:

1. Most reputable patent attorneys charge between $3,000 to $10,000 for a well-drafted patent application including the drawings and filing fee. Anything less than $3,000 should be scrutinized.
2. Educate yourself about the patent process and understand as much as you can. It will help you work better with your attorney.
3. You could hire a patent agent instead of an attorney, but the patent agent will not be able to litigate for you if any infringement issues arise.
4. Never deal with a salesperson, in choosing an attorney always deal directly with the attorney.

By Mary Bellis, Inventors
Read More at :http://www.inventor-mentor.com

Intellectual Property Management

 

Intellectual property management is that the act of managing your intellectual property, conjointly known as IP. Now I'm positive you may be thinking to yourself right now 'No duh, tell me something I do not already understand', well I don't mind if I do. Before I will extremely begin to clarify intellectual property management I first have to supply a bit of data concerning IP. 

Primarily intellectual property can be any kind of work that has been created by a personal or company. The scope is pretty so much and will cowl such things as industrial property like inventions, emblems and styles to copyrighted materials of creative works like literature, music and photography. An idea however isn't thought of a kind of IP. Your plan will only become an IP when work is been applied it, like writing the thought down or coming up with it and therefore the additional work you place into your idea the additional of an IP it will become.

Another half of intellectual property that you might have heard of are copyrights and patents. To briefly justify the distinction a copyright protects an IP that's meant to be copied like music or books, while patents are meant to shield the method of creating a product, for instance the approach the integrated circuit topography of a product is designed.

Ok, now that we have a tendency to have intellectual property out of the method it's pretty easy to perceive that managing any type of IP will involve a significant quantity of paperwork, deadlines, docketing, maintenance and communication, particularly when it comes to copyright and patent offices. This can be a time consuming procedure and each action usually needs immediate attention followed by prompt responses. As your IP portfolio grows managing these several responsibilities and administrative requirements will become a full time job. 

Trying to stay on top of all matters will become quite taxing for a brand new company or individual and will clearly detract from free time which would be a lot of beneficially spent coming back up with new ideas. This can be where an IP management professional will come back in handy.

Intellectual property management is really all concerning identifying your IP assets and maximizing the profits of your portfolio. Your IP management policies ought to be consistent with your overall business strategy, whereas at the same time helping you to identify opportunities and manage risks to create business decisions in an organized and effective manner. With a properly developed IP management policy in place you'll be able to take advantage of your portfolio together with generating revenues from previously unused IP assets.

As a replacement company, or maybe a solo individual, this might all sound terribly daunting. If you have been acquiring patents and growing your portfolio it may be time to enlist the help of a professional to manage your IP for you. They will be ready to assist you acknowledge opportunities for licensing and different revenue generating concepts that you'll not have remember of at all. There are various corporations specializing in IP management however before signing any contract create positive you do your analysis and ask for a few recommendations from their previous and current clients. 

 adam howard 

Copyright Infringement

 

Copyright infringement occurs when someone other than the copyright holder copies the “expression” of a work. This means that the idea or information behind the work is not protected, but how the idea is expressed is protected. For example, there have been many movies about Pirates, but only one Jack Sparrow.

Copyright infringement can occur even if someone does not copy a work exactly. This example of copyright infringement is most easily apparent in music and art. Copyright infringement occurs if the infringing work is “substantially similar” to the copyrighted work.

To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office.

An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include:

The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it.

The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the screenplay, or if someone releases or remixes of one of your songs without your consent.

The Right to Distribution. This is simply the right to distribute the work to the public by sale, rental, lease or lending. The music industry lawsuits targeting file-sharing web services claim that these services violate the right to distribution held by record labels.

  

The Public Display Right. This is the right to show a copy of the work directly to the public by hanging up a copy of the work in a public place, displaying it on a website, putting it on film or transmitting it to the public in any other way. Copyright infringement occurs here if the someone other than the copyright holder offers a work for public display.

The Public Performance Right. This is the right to recite, play, dance, act or show the work at a public place or to transmit it to the public. Copyright infringement would occur here if someone decided to give performances of the musical "Oliver!" without obtaining permission from the owner.

There are three exceptions to the copyright infringement rules, which allow one to reproduce another's work without obtaining a license or assignment of rights:

Fair Use. This is a doctrine which permits the reproduction of copyrighted material for a limited purpose of teaching, reviewing, literary criticism and the like. Without the “fair use” doctrine, books and movies could not be reviewed and colleges and high schools would not be able to study works by people like Arthur Miller. This is also how television programs such as The Daily Show are able to use copyrighted material in their commentary. "Fair use," however, is determined on a case-by-case basis. 

Public Domain. This refers to works which are no longer covered by copyright law. For example, the song “The Star-Spangled Banner” can be performed without ever paying license fees to anyone because the copyright has expired.

Non-Copyrightable Works. Copyright infringement cannot occur when someone uses material that cannot be protected by copyright, such as facts or ideas. However, if someone puts a bunch of facts into the form of a book (e.g. The Farmer’s Almanac), copying all or part of that book would constitute copyright infringement.

The most important first step you can take to avoid copyright infringement of your own work is to register your work with the US Copyright Office. If you discover that there has been copyright infringement involving your work and you haven’t registered with the US Copyright Office, you won’t even be able to commence a lawsuit for the copyright infringement until you have registered the copyright to your work. Thanks : http://www.clickandcopyright.com

How to Protect Your Content With Copyright for Free

The protecting copyright fact sheet has been produced to help authors of original works identify potential problems and understand how to more effectively protect their rights. The following points are recommendations aimed at minimising future risks.

1. Copyright notices
   The notice should be obvious and legible, and if applicable, (e.g. web sites) the notice should appear on every page. Mark any copies of your work with a notice, on the body of the work as well as the cover or sleeve.
   
   
   The notice should take the form of:
   
   • The actual term copyright.
   • The copyright symbol ©.
   • The year.
     Normally when first published, but for unpublished work, use the year it was written.
   • The name of the owner.
     This can be an individual, collective or organisation.
     e.g. Copyright © 2000 Joe Smith.
   • For sound recordings you should also include a phonogram rights notice for the sound recording itself, using the phonogram symbol  to denote the copyright of the sound recording.
     e.g. Copyright © 2000 Joe Smith/ 2000 Joe Smith
2. Extending the notice
   You may also include additional statements expressing your wishes as the owner.
   For most uses, a simple all rights reserved statement is sufficient. 
   
   
   Depending on the work and how you wish it to be used, you may choose a more explicit declaration, such as:Any unauthorised broadcasting, public performance, copying or re-recording will constitute an infringement of copyright.
   
   
   There are many available wordings, depending on the terms acceptable to the owner, for more examples,  check similar works by other authors.
   
   
3. Supporting evidence
   Additional evidence to support your claim in case of dispute.
   
   
   • In software include footprints (deliberate mistakes, algorithms etc.) which can uniquely identify you as the author.
   • Include watermarks or comments in electronic image files.
   • Keep as much of the background work as you can, e.g.
     Lyric sheets, music score, midi files, demo tapes and rough recordings.
     Working documents, sketches and drafts.
     Earlier versions, prototypes and out takes.
     (These items can also be registered with UKCS to ensure they will always be available as evidence to protect your work).
     
     
   If you ever make a claim to a tribunal or court this can be very valuable as it demonstrates evolution of your ideas.
4. Register your work
   To prove your work was created before a certain date, and to give stronger supporting evidence, we recommend that you register your work with us, so we can substantiate your claim in case of a dispute.
   
   
   Once registered, you are also permitted to state: "This work is registered with the UK Copyright Service" as an extra deterrent against infringement.How to register a copyright and protect your creative work: A basic guide to the new copyright law and how it affects anyone who wants to protect creative work
   
5. Agreement between co-authors
   In the case of work jointly authored by a collection of individuals, you should have some agreement, whereby if a member of your group or collective leaves you are all clear what will happen to the copyright of your work.
   
   
   The most straightforward method to take when deciding your agreement is to think of the collective or principal writer/writers as an employer for whom you work. (Normally if you produce work under contract for a business or third party, the business will hold the copyright to that work).
   
   Here are some points to bear in mind when coming to your agreement.
   
   
   • If one person writes the bulk of the work, they may wish to take the work with them if they leave.
   • If works are written as a group effort, will they remain the property of the remaining members after one of more of the authors leaves?
   • Rights may exist in different forms. In music for example, lyrics will be protected as a literary work, the music will be protected as a musical work, and a phonographic right will exist in any sound recordings. For the purposes of an agreement, it is normally easier to include them as part of the overall work, but think through what this means to each of you.
   • What happens to royalties and commissions if any work is later published or sold?
   •  
   The key point is to think ahead, even if you think things will end amicably they may not, and it may cost you your friendship as well. The time to decide is before someone leaves, not after!Copyrights, Patents and Trademarks: Protect Your Rights Worldwide
   
6. Points to note
   • If a work is produced as part of your employment normally the work belongs to the company which hired you, unless there is an agreement to the contrary.
   • For freelance or commissioned work, rights will usually belong to the author of the work, unless there is a contrary agreement, (i.e. in a contract for service).
   • Only the owner of the work, or his exclusive licensee can bring proceedings in the courts against an infringement.
   • Names, colours, inventions or ideas are not protected, but works expressing or composed from these concepts may be. 
   
   
   

Source : http://www.copyrightservice.co.uk

Small Intellectual Property : Geographical Indication (GI)

In general, geographical indications are intended to designate product quality, highlight brand identity, and preserve cultural traditions. Examples of well-known geographical indications include Champagne, Florida Oranges, Prosciutto di Parma, and New Zealand Lamb. While most often used on food products, geographical indications can be used to identify any product (e.g., Czech crystal, Swiss watches, Indian carpets) that may be associated with a specific geographic place. 

The use of geographical indications allows producers to obtain market recognition and often a premium price. With the increased internationalization of food and product markets, geographical indications have become a key source of niche marketing. Geographical indications are also often associated with non-monetary benefits such as the protection of knowledge and community rights.

Controversy arises when names that are protected in one region have a common usage in another. For example, products such as Dijon mustard, Feta cheese, or Basmati rice may be viewed as having obtained a generic status in the marketplace. Thus, some may claim that these names should not belong exclusively to a specific group of producers in a specific geographic location as consumers expect these names to identify a class of product that can be produced in one of many locations. On the other hand, others argue that the products associated with the name have a certain quality that derives from the geographic region and specific production process used. Thus, the protection of the name helps prevent the development of a generic association thereby preserving the ability of the product to be made in the traditional manner.

Geographically based products may be found in all parts of the world, both old and new. While the arguments about the value and necessity of legal protection for their names may be disputed, it is clear that there are foods that do contain qualities that derive from their geographical origin. Source : Geographical Indication , wikipedia  

Some reading make you more understand : 

Geographic indications battle heats up in WTO meetings.(World Trade Organization )(Brief Article): An article from: Food & Drink Weekly 

EU moves to protect geographic indications of food products.(Brief Article): An article from: Food & Drink Weekly 

U.S. claims victory in WTO geographic indications case.(World Trade Organization): An article from: Food & Drink Weekly

Intellectual Property News : The film business tries to learn from others’ mistakes

HOLLYWOOD came late to the internet. Protected for years from digital piracy by huge file sizes, it was not forced to develop an online retail model, as the music business was. Nor, having watched newspapers struggle on the internet, did it much want to try. This week it finally stepped forward, touting two systems for selling films and television shows online. The initiatives are well thought-out, reflecting the lessons learned from watching others’ mistakes. But they may also be too late. 

Legal film downloads in America accounted for just $250m last year, according to Adams Media Research. In many countries there is no legitimate market. That would not worry anybody, except that sales of DVDs, the silver discs that rebuilt Hollywood’s fortunes over the past decade, are faltering. They have fallen from $12 billion in 2004 to $8.7 billion in 2009 (see chart). It seems that consumers have rediscovered renting—which is less lucrative for Hollywood—through the post and the rapidly-proliferating kiosks owned by Redbox.

Hence the eagerness to sell online. This week the Digital Entertainment Content Ecosystem (DECE), a consortium that includes five of the six big studios as well as technology firms and retailers, agreed a format for digital films and named a single outfit to keep track of purchases. Consumers will be able to buy a film once and then play it on different gadgets. As it will be held on a remote server, they will not have to transfer it from device to device. Disney, the studio shunning the consortium, has a similar initiative called Keychest.

DECE’s initiative aims to stop a company doing to film what Apple has done to music and Amazon threatens to do to electronic books. By taking a huge lead in the market, and by tying content to their own devices, the iPod and the Kindle, these firms have been able to dictate terms to media firms. Instead of a closed system, Mitch Singer, the head of DECE and a Sony employee, wants to create something more like the CD or the DVD—an open format that will encourage competition and innovation.

One problem with the new scheme is that Apple is not on board. It already offers film and television downloads through its iTunes store. Another difficulty may be convincing consumers to pay for something “in the cloud” that they cannot touch. Set the price for online films too low, and the studios will revolt against a threat to DVDs. Set it too high, and people will probably go on renting, or downloading films illegally.

- The economist

How Copyrights And Patents Affect Your Business

What’s Intellectual Property?

Registered patent attorney Patricia McQueeney explains, “Intellectual property can be broken down into four types: patents, trademarks, copyrights, and trade secrets.”

• A patent deals with a completely new invention — a useful item, a novel look on an already-existing item, or a new plant species. Depending on the type of patent, they’re good for between fourteen and twenty years. The scope of a patent is defined by its claims. A claim is only one sentence but it may go on for pages, which is why it’s best to hire an experienced patent attorney.

• Copyrights protect creative expression — books, web sites, songs. There is such a thing as common law copyright, which means that you have rights when you create something. The difficulty lies in proving you were first to create it.

The forms aren’t complicated, and you have a lot more protection in an infringement suit. The copyright is good for your lifetime and seventy years after you die, and you can make it assignable to anyone upon your death.

Copyrights don’t protect the information found in a book or on a web site, but they protect the lay-out and presentation. For web sites, registering your first and last twenty-five pages of code protects the code for your entire web site and the creative expression of your display screens.

• A trademark designates an object’s source — it’s a mark or name associated with quality. 

In trade mark law, arbitrary names are encouraged — Kodak, Kleenex, Apple.The less your trademark describes your product, the stronger it is. If you sell film, using “Film” as a trademark won’t hold up in court. Again there are common law trademarks, but they’re hard to prove and offer less protection than a state or federal trademark (http://www.uspto.gov).

• Trade secrets are governed by state laws and vary from state to state. They encompass a variety of things from formulas (think “Coke”) to customer lists to product sources. Many companies have contracts that expressly prohibit their employees and vendors from giving away any information they’re exposed to while doing business with them. Commonly known facts aren’t considered trade secrets so it’s good to be discreet with your valuable information.

Get It In Writing
It’s important to remember that copyrights and patents give rights to the person who comes up with the idea, not the company that employs them. So if you hire someone to design your web site, the creator owns it unless you have the copyright assigned to you in writing. That’s why many business owners state in their employee agreements that any works or useful inventions created on company time with company funds will be assigned to the company. Cautions McQueeney, “You don’t own it unless you get it written over to you. Isnare- Chris Malta & Robin Cowie