Trademark Cancellation Cases Under Egyptian IP Law

Introduction:

The cancellation of a trademark under Egyptian Law may be done through administrative authority (the Egyptian Trademarks Office) or judicial authority. Administrative cancellation occurs when the protection period of a trademark is lapsed without being renewed. The protection period of a trademark under Egyptian Law is ten years and may be renewed during the last year for another period. If the protection period has been lapsed without submitting a request to renew the registration for another period, the Egyptian Trademarks Office shall automatically cancel the registration of the trademark.

Judicial cancellation occurs in the following cases:

1- Article 65 of the Egyptian IP Law No. 82/2002 stipulates that "the person who has registered a trademark and who has made use of it for a period of five years as of the date of its registration, shall be deemed the owner of such a trademark, unless precedence of use by a third party is proven. A previous user of the trademark may, within the said period of five years, challenge the validity of its registration". This means that any previous user may submit a request to the competent court requesting the cancellation of a registered trademark, during a period of five years as of the date of its registration, if he proves that the trademark was previously used by said previous user.

In such a case the court will issue its judgment cancelling the registration of the trademark.

2- When the registration of a trademark is made in bad faith, the concerned party may, at any time, request the competent court to cancel such registration. Based on the above, it is very important to differentiate whether the registration of a trademark is made in a bad faith or in a good faith. This is due to the fact that if the trademark was registered in a good faith and the period of five years was lapsed, the cancellation of a trademark may not be requested. However, if the registration of the trademark is made in a bad faith, the cancellation of the trademark may be requested at any time without being restricted by the period of five years.

3- According to Article 91 of the aforementioned law, any concerned party may request the competent court to cancel the registration of a trademark, if it is proven that such a trademark has not been seriously used for a period of consecutive five years; and the owner of such a trademark fails to submit a legitimate reason for the non-use of the trademark during the said period. This means that in order to apply Article 91 the following two conditions should be met:

• The registered trademark has not been seriously used for a period of consecutive five years. • The owner of the trademark fails to submit a legitimate reason for the non use of the trademark.

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Do I Have To? Protecting Your Trademark

You paid good money to an attorney to make sure your trademark was filed properly, you received your registration certificate and your business is running smoothly. But after a few years you find out that someone else is using a trade name that is very similar to your mark. You go to see an attorney to find out what you can do to stop it. Good news is you probably can stop it. Bad news is it's likely going to cost you a bunch of money that you stand little chance of getting back.

But that's not fair! It's your property. How can this be?

Trademark property is an ownership right that arises from exclusive use. It is up to the owner to protect that exclusivity. Unless someone else's use is deliberately infringing on your trademark, you will have to bear the burden and cost of protecting your property rights. While it might not seem fair, it is the nature of this type of property right. It requires maintenance.

Owning a trademark is like owning a car. To continue to run smoothly, cars need to be driven, they need gas, they need to be registered with the state and they need maintenance. In other words, it is not something you just buy, and the cost is done with. It costs money to use your car and keep it in working condition. With trademarks you likewise need to use it in the market place, you need to re-file your registration every so many years, and you need to defend it from infringement. Unfortunately, that usually means occasionally having to hire an attorney to help you defend it. Like with car maintenance, if you stay on top of it, you can keep the costs manageable.

If your trademark is being infringed and you do nothing, you could lose rights depending on the nature of the infringement. You may lose the use in a certain territory or for a certain market. You may lose the use for certain goods or services. To protect your mark, you should set up a system to monitor potential use of your mark. With the Internet, monitoring use is much easier since most business have some Internet presence. If you've recently registered a trademark, you have likely received advertisements in the mail from companies that will do periodic searches for you. Searches should be done frequently enough to catch infringing use early before the user has expended substantial capital in promoting the mark. The earlier you catch it, the easier it will be to get the infringer to back off the use. For this reason, if you are not going to pay a service to research the market for potential infringement for you, plan on conducting regular searches, at least quarterly, and stick to it.

Trademarks can be a powerful branding and marketing tool. It is a long term investment that is worth maintaining. If you understand that it a living asset that must be maintained, it won't feel as bad when the time comes to defend it.

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Stopping Online Counterfeits Protects Consumers

Despite its long list of supporters who were demanding immediate legislative action against rogue websites, SOPA (the Stop Online Piracy Act), has been called a thermonuclear bomb to destroy the Internet by its opponents, who argued that free speech on the Internet would be thwarted by such regulation.

Consequently, the legislation is now considered dead. Web denizens have rejoiced, sincerely believing that free speech on the Internet was saved from almost certain destruction.

But the reality is that while the Internet has tremendous political and cultural significance and effectively encourages the free exchange of ideas and political speech, voluminous daily Internet traffic involves relatively more mundane commercial uses. Casual users generally seek to engage in routine e-commerce transactions such as holiday shopping and paying bills online, not engaging in political dissent.

Given the extraordinary number of rogue websites engaged in the sale of counterfeit goods and engaging in identity theft, casual Internet e-commerce participants are likely to miss the telltale signs between legitimate sites and frauds. Once the casual consumer becomes defrauded, her primary recourse would be with her credit card company to demand a payment reversal by filing a dispute.

Payment disputes involving cases of online fraud or counterfeiting decided in the customer's favor are often charged against the merchant's account. If the merchant becomes a repeat offender, he may become untouchable, as his merchant bank fears fines and reprisal from the credit card companies.

However, filing a chargeback is not without its fees or hassles to the consumer, fees which can be incurred for just filing the dispute itself. Anyone who has ever been involved in such a dispute can attest to what an enormous hassle it can be.

When the merchant is not solvent (as is often the case with operators of rogue websites), credit card companies may end up "absorbing" the chargeback. Internalized costs may reach $15B. Such costs are not only hits against the credit card companies' balance sheets. These ultimately profitable corporations will just pass these staggering costs along to the credit card user and to legitimate merchants in the form of higher transaction fees and higher interest rates.

So, to the extent that laws aimed at stopping online piracy can help stop thieves from defrauding the casual Internet consumer, such legislation can save consumers fees, lost time and hassles - and credit card companies billions in chargebacks - thus saving you money in the long run.

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An Introduction to Intellectual Property Law

What is Intellectual Property Law? Often referred to as IP Law, intellectual property law refers to the ownership of creations, for example ownership of music, artwork, literature, inventions, designs and ideas. These works are the intellectual property of the creator, meaning they own their creation.

Why is this important? It is important because if IP law didn't exist they could be used by others, possibly to make money from someone else's work. It could have financial value so it is only right that the creator is the owner. This means they have to give permission for someone else to use their idea or creation, and are entitled to a percentage of any profit made. Intellectual property law ensures that an idea or creation is protected where necessary.

Businesses and Brands

Amongst the things that come under intellectual property law is a brand or business idea. Simply thinking of an idea means you own that idea, and if someone else steals it they are breaking the law and are likely to have to compensate the creator. That said, it must be proved this has been stolen. The lines can be blurred but, essentially, if you come up with an idea someone else can't use it without your permission. Company logos and branding is also under the ownership of the creator, much like artwork.

Music

If the lyrics, notes or chords of music are written down or recorded then it is officially the copyright of the creator, so they own the rights to it. It can then only be used by others with their permission. This is true whether someone else records it or it is played on the radio, for example. When it is played on the radio the radio station must pay a fee to the copyright owner. If someone else records it a percentage of the sale must go to the copyright owner. This is even the case if someone performs it live and earns money from this.

Artwork

When someone creates a piece of art, whether it is a drawing, painting, sculpture or photograph, then they are the intellectual property owner. It can therefore not be copied (whether redone or another copy made) without the permission of the creator. Payments must also be made where money is made from this. Museum shops often sell posters or postcards of the artwork on display in their museum. Some of the money made from this, though, must go to the copyright owners.

Literature

When someone writes a novel or a poem it is their intellectual property. Again, there must be permission and payment where someone publishes this. Usually publishing rights are sold to one publisher. They will then be able to sell it, whereas other cannot. Copyright does run out seventy years after the creator's death though. Charles Dickens novels, for example, can now be published by anyone and sold without permission or payments given to his estate.

Intellectual property law covers many areas. The above are just some of the most obvious examples. Essentially, any ideas or creations are the intellectual property of the creator and they own the copyright to their work.

Andrew Marshall ©

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Model Release Form: Important Legal Protection for Commercial Photographers

A model release form is a commercial photographer's savior; it gives photographers the legal right to do with their photography what they wish. If you aren't currently using a release form with your human subjects, you could be limiting your future options to make money -- or opening yourself up to a lawsuit if you do.

What is a Model Release Form?

In general, an author owns the intellectual property that he or she creates (unless an agreement to the contrary has been made). However, when human subjects are involved in the photography, something called "appropriation of likeness" comes into play, leaving the door open for a model to demand additional payment, should a photo you took of that model become a great commercial success.

A model release form does, literally, just that: it is a legal document through which the model releases any claim to the photograph and establishes that the photographer him- or herself maintains legal ownership of the works.

When should a Model Release Form be used?

There's a legal answer for this, and there's a logical answer.

The legal answer: whenever a photo is taken of an individual or group of people -- any time the subjects are identifiable -- and that photo is used for advertisement, a release form is your legal defense for using that picture for commercial purposes. It is not typically necessary to obtain a release if the photo will not be used commercially.

The logical answer: since no one can predict the future, it's best to have a release on file for every photograph you take, just in case. You never know when you might be approached with a licensing offer. And if this happens five years or even six months after you initially took the picture, there's another thing you might not know: how to track down your model to sign the release.

Of course, there are times when a release just isn't necessary. A picture of a crowd, for instance, typically does not require release forms; courts have consistently found that commercial use of a photograph of a crowd in which individual faces cannot be identified is legally acceptable.

(Publishing a photograph of a crowd in which you can recognize individual faces is typically also legally acceptable -- it's hard to claim breach of privacy when you're photographed in public yourself -- but if commercial use of the photograph is a possibility, you'd better have releases on file for the recognizable people in the photo before they sue you for appropriation of likeness! And, for the record, the person in the photograph doesn't have to be a celebrity in order for the courts to support appropriation of likeness.)

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Model Release Form: Staying In Control of Your Intellectual Property

What is a Model Release Form?

A model release form is an important tool that can ensure that you, the artist, keep control of your own intellectual property. The model release form is a legally-binding method by which the model -- meaning the person you took a picture of, whether or not that person is affiliated with any modeling agency -- signs over his or her rights to the photograph to you, the photographer. (Again, anyone can be a photographer to use the form; no professional photography career required.)

How does a Model Release Form work?

Intellectual property, by definition, belongs to somebody -- the creator of the intellectual property. By this definition, someone who took a photograph of a tree owns that photograph of a tree. But what if there is a human subject in the photograph?

A lot depends on how you intend to use the work. If you're using a work for commercial purposes, for example, the majority of court decisions hold that it is not lawful to use someone's image without their consent when used as an advertisement (whether or not that person is a celebrity whose likeness is considered to hold commercial value).

If the use is not used for advertisement purposes, the model does not have many hard-and-fast legal claims to the ownership of the photograph. However, because the law is vague, he or she could attempt to convince the courts that you have used that person's likeness for personal gain, or are using the person's celebrity to add value to your work.

When should I use a Model Release Form?

Technically, you are only required to use the form when you are using the work for commercial purposes. But will your intentions when you took the picture always be your intentions?

What happens if someone approaches you and offers to give you a large sum of money in return for a license to use a photo you initially took for a school website? Are you certain you'll be able to track down your model months if not years down the road? And -- just as importantly -- are you sure your model won't smell a profit and refuse to sign the document until you agree to share some of it?

The choice is clear. Having a model release form signed and in your file for any picture you take is the smart choice for any photographer that's serious about his or her intellectual property.

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Intellectual Property Management in Cyberspace

The continuous growth in technology has brought a lot of changes on how things are done. In the search for fast accessibility and ease, mankind has created a new means of connecting things in a so-called web - the Internet. The Internet also known as the cyberspace is a place where everything is coded digitally. From the basic binary codes emerge texts, images, videos, music and other digital media that appear on the computer monitor. Since the Internet was established, many industries have started to transact through the web because it reaches millions of people across the globe. Information can be availed at a low or even no cost at all. Ads and digital media transactions can easily be done.

However, since everything is coded, replications are easily forged. Copies can be indiscriminately produced. Digital media copies are perfect clones of the original thus it is difficult to distinguish which is the original and which is the copy. To protect original authors and regular consumers from the threat of web piracy, several laws like the Digital Millennium Copyright Act was passed.

The DMCA serves as an intellectual property management regulation for digital media and other things traded on the Internet. This law implements two treaties made by the World Intellectual Property Organization also known as WIPO. It penalizes the creation and distribution of technology, gadgets, devices or services that intends to evade procedures such as Digital Rights Management that regulates access to works under copyright. It also prohibits preventing of access control, may there be an infringement or none. The DMCA gives emphases on the penalties for copyright encroachments in the internet.

Digital copyright laws enfold a vast range of people's ingenuity. Many if not all of the unique content that feed e-commerce is under its protection. This covers literary creations and works of art that includes different forms of writings like manuals, educational materials, articles, blogs, e-books and others. It also protects electronic products such as software, computer programs, music, pictures, videos and the like. Basically, this law doesn't only look after the rights of the creators or producers. It also guards the rights of the consumers which are subject to fraud. An innocent buyer may be encouraged to buy pirated products which may in time be restricted for access due to infringement. In such a case the consumer won't be able to get his money back.

Internet users should know intellectual property management laws, may he be a producer or a consumer to protect them from being victims of IP infringements. Cyberspace is as vast as the universe and still continues to expand. As users we should be aware of the pros and cons of its use. It makes our lives faster and easier but sometimes a wrong move can plunge us into hot waters if we do not know what the law allows and prohibits.

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The Risk of Inappropriate Use of Social Media: Fair Dismissal for Inappropriate Comments on Facebook

The law

Unfair dismissal

Under English law, employees have the right not to be unfairly dismissed. It is for the employer to establish that the reason for dismissal is a potentially fair reason. An employer must also follow a fair procedure for a dismissal to be fair. To establish fairness in a conduct dismissal case, an employer must be able to establish that, at the time of dismissal:

• It believed the employee to be guilty of misconduct.

• It had reasonable grounds for believing that the employee was guilty of that misconduct.

• It had carried out as much investigation as was reasonable in the circumstances.

Whether an employer acted reasonably must be assessed objectively: Did the employer's decision to dismiss fall within the range of reasonable responses that a reasonable employer in those circumstances and in that business might have adopted? A tribunal must not substitute its view for that of the employer.

Right to freedom of expression

The fundamental rights of the population of European member states are protected by the European Convention on Human Righs (the Convention). These rights include the right to freedom of expression (Article 10(1)).

The right to freedom of expression "may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary".

The Human Rights Act 1998 (HRA 1998) gives effect to most (but not all) Convention rights and makes them enforceable in the UK courts. So far as it is possible to do so, primary and subordinate legislation must be interpreted and given effect to in a way that is compatible with the Convention rights (section 3, HRA 1998). It is also unlawful for a public authority to act in a way that is incompatible with a Convention right (section 6(1), HRA 1998).

In the latest Facebook case, the tribunal considered whether a manager of a pub had been fairly dismissed after posting negative comments about customers on her Facebook page and whether her right to freedom of expression had been infringed.

Decision

The tribunal dismissed her claim.

The tribunal held that the employer conducted a reasonable investigation into allegations of gross misconduct namely the claimant entering into a conversation on Facebook. The conversation clearly concerned work and culminated in views being exchanged that could be read by a number of people, including the customers themselves. The sanction of dismissal fell within the range of reasonable responses available to a reasonable employer

The tribunal found that although the employee had a right to freedom of expression under Article 10 of the Convention, the action taken by the employer was justified in view of the risk of damage to its reputation.

The tribunal acknowledged that the customers' behaviour was abusive and shocking. However, the Facebook entries took place over a lengthy period of time, after the situation had calmed down and she was working as normal. The employee knew that she could use a "hotline" to seek the advice of an experienced manager or, if she felt distressed, to ask permission to leave work early.

Conclusions

For employers, this case highlights the importance, and usefulness, of having a properly drafted policy regarding the use of social media. The lesson for employees is not to use Facebook or similar media as a way of venting frustration about work.

All articles are for general purposes and guidance only and do not constitute legal or professional advice.

Copyright 2010 Anassutzi & Co Limited. All rights reserved. Information may be shared or reproduced only if accompanied by the author's name and bio.

For more information email maria@anassutzi.com

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Intellectual Property Law - Semiconductor Sector and International Economic Espionage

Perhaps, you are in the know when it comes to intellectual property law and patent law in the semiconductor industry. If so, then you realize all the ways intellectual property can be torn from your grasp. Each year there are a huge number of very high-profile cases of patent piracy, employees breaking non-compete agreements, and outright espionage. Andy Grove, of Intel once wrote a book "Only the Paranoid Survive" and well when it comes to intellectual property there hangs 100s of millions of dollars in the balance - so, I'd say he's right on the money.

There is a very good book I'd like to recommend to you which will explain exactly what is going on and has been going on in the Semiconductor Sector for years now. This is a book I do own, and have personally sat down with the author and barraged him with questions about the industry. He knows his stuff, so I bought his book and got my autographed copy. The name of the book is:

"Economic Espionage - Checkmate" by Steve Manning, Published by Sneakaboard Press, Green Valley, AZ, (2010), 224 pages, ISBN: 978-0-9844662-3-8.

The author Steve Manning is the founder of Pioneer Semiconductor Company, which is a NASDAQ traded public company. Steve also worked as a consultant at International Technical Marketing. He has devoted himself to a lifetime of learning, and also teaches a class at UCR University of California at Riverside's Palm Desert, CA campus. Steve started out as a US Navy Electronics Technician. Quite frankly to put it bluntly; Steve knows his stuff.

Manning does a brilliant job humanizing, personifying, and personalizing the back door deals of corporate and industrial espionage that goes on behind the scenes. The United States and our greatest creative geniuses, entrepreneurial companies, and most technologically advanced corporations are being ripped off blind. This has been going on for nearly five decades in the semiconductor sector, and it goes on still today.

Indeed, I find Steve's book a wake-up call within a fictional work of intrigue, with spies, good guys, and bad guys. Our national treasures of intellectual property are being stolen nearly as fast as we can create them; and our patent process is making it difficult to find justice, and the cases take far too long to try in court. Meanwhile, the next generation or several others are available making the enter rendering of any potential decision worth less than the paper the judgment was written on.

The competition for innovation in Silicon Valley is like no other, and folks come to the US and homestead in Silicon Valley with ill-intent from the get go, with their job to steal intellectual property and make millions, if not hundreds of millions in the process. America must not be naïve. I'd recommend this book to anyone who wants to peak behind the veil of secrecy in the world of the semiconductor sector or microchip industry. "Double Thumbs Up, Steve Manning, Job Well Done!" Please consider all this.

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Licensing Contracts Boot Camp, Chapter 2: Are You Ready to License Something As a Licensor?

You may be thinking: this licensing stuff sounds complicated, so it's not for me. Or that you really don't have any anything to license. Or that licensing something from someone else is not for you.

I am sorry to break it to you, but you're wrong (with all due respect as my fellow attorneys say). I believe that everyone, whether they have an education or not, is able to license something, as the licensor or licensee. Everyone possesses special knowledge of one sort or another than another person could want or use. Or anyone with good business instincts can build a business around someone else's good ideas. Let's look at some examples.

1. You are a backyard part-time automobile mechanic. You do it as a hobby. Through years of working at it, you have found a technique which makes oil changes a lot easier. It could be a special wrench that you designed, or a special pan, or a method of disposing of the oil or cleaning the driveway after the oil change. Do you not think you could interest someone in your know-how? It could a manufacturer interested in turning your know-how into a mass-market product. Or a distributor? Or a retailer carrying oil cleaning products?. Or a nation-wide oil change company? You may be on to something and you do not even know it. A patent application could also be possible.

2. You are a stay-at-home mother and an expert cook. You have crafted a series of healthy recipes that make your children eat vegetables. Your plan is similar to the authors who are marketing books on hiding vegetables in food but your approach is different. It even makes the food tastier. So you could write a manuscript and license it out to a publishing house so that they make a book out of it. If you are not a writer, no problem. You could work with a "ghost-writer" or co-write the book with someone who can write and treat it as a joint licensing project.

3. You are a science student. In the course of your lab studies you encountered a potential new application to reduce greenhouse emitting gases. Once again, this is something that could be licensed, presumably in this case after having filed a patent application.

The moral of this story is that things you do in everyday life could be the subject of licensing possibilities. Just be aware of this, and think about it as you conduct your daily life. These could open up your life to new possibilities if you understood the basics of how licensing works.

People do not move forward with their ideas because they get overwhelmed,get scared or fear the money costs including legal fees. The first step of going forward is losing the fear with know-how.

In the next chapter, I will show you how you can license something from someone else.

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Planning Refusal Appeals Can Be Tricky and Require Experienced Solicitors

Getting planning permissions can be a really difficult job. Anyone who has a vested interest in your plans being stalled can raise an objection and your proposal might land into troubled waters. It is, hence, that you require experienced and skilled planning permission solicitors. These solicitors know the kind of objections that can be raised and have ways in which this could be tackled.

If your plans have been refused, the authorities are required to send you a written note of the reasons for the same. Therefore, you can have complete information about the reason why your plans have been rejected. If you believe that such rejection is not fair or valid, you can raise a planning refusal appeal.

There are certain guidelines that need to be filed at the time of filing planning refusal appeals. The first is the time frame in which the appeal has to be launched. If it is a householder appeal, the time frame with you, to submit the appeal, is 12 weeks. This is a shortened timeline which only applies to householder appeals. The time period applies from the date when the plan has been rejected.

For all the other forms of appeals, 6 months is the period in which the appeal can be filed. Before the appeal has been submitted, you are always encouraged to contact your Case Officer. This would make sense because it is the same officer who has rejected your plan and s / he would have more information to offer to you. Directly contacting the case officer is possible. The two parties can discuss the matter and see if the matter can be settled through negotiation. If the result is positive, you can file a fresh appeal, as per the negotiation, and that has far higher chances of it being accepted. On the other hand, if you stay unconvinced with what is being offered, you can go ahead and submit the appeal.

Planning refusal appeals are handled by planning inspectorate. This is an independent government body and is expected to look into the matter with substantial detail. You can either make the appeal online or send the same by post. Once the appeal has been lodged, you can continuously track its progress on the internet.

Such planning refusal appeals are not just confined to complete refusal of the plan. Even if there is a condition which has been laid for the plan, you can decide to contest that and submit an appeal against the decision.

Therefore, in the first place; it is important to be in touch with reputed planning permission solicitors. These are the ones who ensure that your plans get the necessary permissions. In case there is any rejection that happens, you can always fall back on the option of refusal appeals.

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Powering the People by Protections Through Proper Law

There are certain things in life which require expert guidance and assistance from able, experienced and educated people. In this connection, a person cannot take all decisions just by simply approaching a wrong person for any right decision which will eventually land him in great trouble. Such a situation sometimes arises for people who are engaged in activities namely; writing of books, law journals, medical journals, books and periodicals meant for engineering studies and many other academic subjects. These are all the outcome of expert and experienced works done through years' of experience and nobody can deny the fact that the materials available in such kinds of books and periodicals are more valuable than any other things like gold, silver etc. In order to protect such items from miscreants, people have no other way except to get and seek the assistance through intellectual property attorney who are well experienced in the field and they can always do their best for protecting the rights of the owner at all times.

When it comes to any firm or an establishment, it can have a large number of assets classified into fixed assets, current assets. Again they may be also having assets in the form of tangible assets and intangible assets and the following are considered to be the intangible assets namely; copy rights, patents, miscellaneous expenditure etc. While the contents available in any book or periodical or journal is protected by way of copy right act, any item or special kind of property produced is subject to patent law and whereas a copyright attorney is in a position to safeguard the interests of any writer or publisher for the contents and materials in his publication, the attorney who is experienced can very well help and assist in protecting the interests of people when it comes to safeguard the manufactured item through patent law.Of course nowadays, in cities and towns throughout the world, taking into consideration the hardships faced by people who are working in different walks of life able and educated attorneys who are experienced in practicing law in various modules like patent law, copyright law, laws relating to trademarks and many more and the intellectual property attorney working in such establishments is found to be helpful in solving the various problems at once so that their clients are well protected. Similarly the copyright attorney who is skilled in the field is able to provide the necessary assistance at any point of time to his clients.

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Doing Business On the Internet Is a Sign of the Times - Know Who You Are Doing Businesss With

We are all used to clicking the "I agree" button and frequently we click without reading the lengthy terms and conditions. While many are long, these virtual agreements bring with them rights, responsibilities and restrictions. By clicking "I Agree", you have created a contract. In the on-line order process, frequently you will click on an agreement button, again creating a contract. While we easily create contracts on the Internet, there may be uncertainty about the most basic term of a contract - the identity of the party that you've entered into a contract with.

Before you hire a service provider or order goods on-line, know who you are doing business with. This is a simple concept. Due to the ease of on-line purchasing, people are frequently entering into contracts without knowing the person or business on the other side of the computer screen.

The Internet has long been known as "the great equalizer." A technologically savvy web developer can design a website for a small company that rivals that of a large corporation. A professional and robust website may signal stability and a great company to do business with, but it could just as easily be a cash-strapped start-up organization. Investigate the company beyond just visiting and viewing their website.

If ordering goods:

-Check seller ratings if available.

-Order using a credit card, as the credit card company may assist you in attempts to get your money back that you spent on an order.

-We do NOT recommend using a debit card for any on-line purchases.

-Consider using a single credit card with a very low limit for all on-line purchases.

-Check consumer sites such as ripoffreport.com to see what other's experience has been with this seller.

If you are considering entering into a contract for services or ordering goods that have substantial value, engaging in basic due diligence is not time consuming and it is a better alternative than trying to find someone after they owe you money or you have received a defective product. For example, you are looking to hire a web designer to create a website for your company. Steps that you would likely take to find a developer are:

-Seek out a web developer on the internet

-Ask for referrals from other business owners

-Interview someone that you met at a networking event

-Traditional media advertising

It is likely that the developers will come to your office to make their presentation or they might even perform their services on-line through a webinar or web meeting. Chances are good that you will never visit their office. If your new website is unacceptable, or the website was not completed after you made a payment or paid a deposit, do you have the information to get your money back or to file a lawsuit if necessary? Before you decide to do business with an individual or company, consider the following:

-Make sure you have verified the physical address of the person or company. A physical address is usually necessary to serve the person with a lawsuit. Even if the address does not look like a post office box, check it out on the Internet using one of the map tools such as Google Maps or Mapquest. One of our clients found out that the address for the service provider was actually a UPS Store. Not surprisingly, the address was no longer accepting mail because the service provider had not paid their bill to the UPS Store! We knew it was a UPS Store because we looked at it on Google Maps satellite and saw a shopping center rather than the home office. There are many other ways to use the Internet to confirm an address, including directory listings and property tax records. If you only have a post office box for an address, you will want to perform some additional due diligence.

-For businesses, check with the Arizona Corporation Commission - http://www.azcc.gov/divisions/corporations/contact.asp to check the status and validity of the company and verify contact information. It will also list the statutory address for the corporation and their address.

-Some businesses are licensed by the State such as a contractor, electrician, plumber, or handyman. Check for state licensing information with the Arizona Registrar of Contractors at http://www.azroc.gov to be sure the business has the appropriate license. You can also see if any complaints have been filed against the business. The state website azsos.gov has "business filings" link that will also provide information about companies doing business in Arizona.

-While very brick and mortar, you could always take a drive to see the physical business and make a site visit.

-Spending a little time before you click the "I Agree" button or enter into a contract with a previously unknown service provider can protect you and your company.

This article is not intended to provide legal advice and only relates to Arizona law. It does not consider the scope of laws in states other than Arizona. Always consult an attorney for legal advice for your particular situation.

Basics of Trademarks for Small Business   Managing the Unmanageable for Law Office/Firms Management   Intellectual Property Monetization Is More of a Moral Issue   

Why Should I Use An Intellectual Property Solicitor?

Intellectual property is any creative work such as inventions, literary and artistic works, symbols, names and images used within business and considered to be the property of its creator. Intellectual property rights should be protected under ip law. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets.

IP is divided into two categories - Industrial Property and Copyright.

Industry property includes patents for inventions, trademarks, industrial designs and geographical indications.

Whereas Copyright covers literary works such as novels, poems and plays, films, music, art such as drawings, painting and photos, recordings and performances.

So why should your intellectual property rights be protected?

Intellectual property rights reward creativity and human endeavour. If new technology, a design idea or invention is created it should not be allowed to be copied. Intellectual property rights allow the creator or owner to benefit from their invention.

There are a number of ways to protect your assets.

A patent

A patent is an exclusive right granted for an invention. If a patent is granted for a product that provides a new way of doing something or offers a new technical solution to a problem, then that invention cannot be commercially made, used, distributed or sold without the patent owner's consent. Patent rights are usually upheld in court and protection is granted for a limited period, which is usually 20 years. There are a number of circumstances when it is recommended that a patent is obtained. It is best to seek advice from a solicitor who specialises in this area.

Register your trademark

A trademark can be anything from a distinctive sign to a logo or mark. Trademarks may be one or a combination of words, letters and numerals. They can also be made up of drawings, symbols or signs. Trademark protection ensures that the owners have the exclusive right to use them to identify goods or services. If a business has built up a great reputation, then another comes along with the exact same trademark, it may confuse customers into thinking they are the same organisation. They may not adhere to the same values and cause a negative impact on the existing company, which could have detrimental effects. It is always recommended to register your trademark. An intellectual property solicitor will be able to advice companies on registering trademarks.

Geographical indication and industrial design should also be protected. Any colours, patterns or three dimensional designs used in marketing material should be registered so they cannot be duplicated. Geographical origins ensure customers that the product is from a reputable source, and many companies have built their reputation on this. Therefore, if not adequately protected, this may be misrepresented by competitors.

Copyright

Copyright laws grant authors, artists and other creators protection for their work. Works covered by copyright include, but are not limited to -

Novels Poems Plays Reference works Newspapers Advertisements Computer programs Technical drawings Films Maps Architecture Photographs Drawings Paintings Compositions Dance routines Sculptures

Copyright laws will allow the creator to hold the exclusive rights to their work and can therefore authorise others to use the work on agreed terms. Copyright laws are essential in protecting creativity and ensuring that work is not stolen or copied.

IP solicitors will advise you on how best to protect your creativity or invention. If your company holds an unregistered logo or trademark, or any works that could be copied then we strongly recommend you use an intellectual property solicitor in order to protect your company.

Basics of Trademarks for Small Business   Managing the Unmanageable for Law Office/Firms Management   Intellectual Property Monetization Is More of a Moral Issue   

Intellectual Property Lawyers and How to Tackle IP Litigation

Over recent years IP crime has become a big issue, with controversy arising over issues such as internet piracy. IP infringement is a type of crime that can affect anyone that holds intellectual property rights relating to an idea or creation.

Incidents such as copyright, general infringements, piracy and counterfeiting are all IP crime. Without proper protection for your ideas or creations it can be difficult to take action against the perpetrators of IP crime because legally you have not protected your idea or work, which leaves your intellectual property rights open to abuse.

Getting the proper protection:

Intellectual property lawyers deal with all the variations of IP protection to ensure that the idea, creations, and work of clients have watertight protection. This includes patents, design, copyright, and trademarks, which are the four main variations of IP protection. When you contact a specialist IP lawyer to get your idea or work protected you have the peace of mind that in the event of infringement you have the framework in place to take any necessary action to get the situation resolved, which is what these legal experts specialise in. Your specialist lawyers will be able to pin point the best way of your protecting your creation or idea so that chances of infringement are minimal.

When you have your consultation with the expert lawyer about your IP rights you can find out in more detail what actions you should take if you do find that an infringement has taken place. If you strongly believe that you have already suffered an infringement over your IP rights then legal experts will be able to look at the evidence and make a judgement call as to what the best course of action would be.

Taking action over IP infringement and crime:

In many cases it is better to be able to deal with any conflicts over IP rights outside of the courts, having expert IP lawyers on side will help you be able to do this. They can provide you will different options which may involve negotiating with the other side for a settlement cost or even offering them a chance to take right by a license arrangement. Needless to say it might end up that you have to take a claim before the courts, your expert lawyer will help you take the best course of action through the litigation process. Either way, the support and advice of these legal experts will be invaluable in enabling you to both protect your rights and take action should you need to.

Basics of Trademarks for Small Business   Managing the Unmanageable for Law Office/Firms Management   Intellectual Property Monetization Is More of a Moral Issue