Dilution of a trademark refers to a situation where unauthorized persons use a company’s trademark on its products that do not compete with those of the owner of the mark. Such unethical business practices are common among small and medium-sized companies that do not have registered trademarks. They try to ride in the wave of the strong brand of the targeted company. For instance, a coffee shop may use the name Microsoft Inc as its name in the market. Products offered by such a coffee shop may not be related in any way with products offered by Microsoft Corporation. The two companies may not be in any form of competition. However, the act of using a known brand on a product that the owner does not offer may be considered an infringement upon rights of the owner. Customers that hold the company in high regard may be shocked when they Continue reading
International Trade Laws
Difference between Patent and Copyright?
A patent is authority granted to the creator of intangible property the gives them the ability to exclude others from making, or selling the IP or invention. A strong patent protection allows only the original innovator to use the innovated technology and increases innovator’s incentive. A patent can be used to protect a business process, medicine formulas, hardware, and software. A utility patents protects the rights of the creator for a term of 20 years from the time the application is filed, while a design patent generally provides protection for 14 years for the time that patent is granted. The difference being that a utility patent protects the way an article work and a design patent protects the way it looks. By getting a patent the original creator also retains the right to authorize others to produce and sell their invention. This authorization is usually granted through a sale or Continue reading
4 Important Types of Intellectual Property Rights
The process of inventing or discovering the innovative and rather unique product and the focus on launching it in the future can guarantee the success of a company or a person within the market. Nevertheless, there are a lot of associated challenges. Thus, the unique idea or design can be stolen or copied. Moreover, the inventor or creator does not receive the recognition and benefits, if the product and idea are not protected with references to the intellectual properties laws. Intellectual property is one of the most controversial legal and ethical fields of management. It is the dynamic and developing area of the modern law which covers all the creations of the human mind. From this point, intellectual property can be defined as the specific concept which is used to speak about inventions, literary pieces, artistic and music works, designs, photographs, slogans, names, and symbols. The above-mentioned pieces and objects are Continue reading
Grounds for Refusal of Trademark Registration
A trademark, is a unique symbol or sign that can be used by a person or an organization to uniquely identify its services and products. Trademarks should be unique and should not replicate any other existing trademark. A registered trademark is that trademark which has been registered with the appropriate trademark office in a particular jurisdiction. It is not a legal obligation for a trademark to be registered. Some of the trademarks are not registered with the appropriate legal office. Registering a trademark has some advantages. They include a notification to the general public about the right of ownership of the trademark, exclusive rights to the use of the mark and a legal conjecture of ownership nationally. Various countries and states have different legal frameworks and guidelines that determine to what extent a trademark is considered legally owned. Trademark infringement is considered a serious crime in most jurisdictions and the Continue reading
Software Patent – Intellectual Property Rights in Software
A software patent is one of the intellectual property rights giving a company or individual owners the privileges of preventing others from using, making, or selling patented inventions without approval. For an innovation to be considered patentable, it must meet some criteria. There must be an industrial or commercial way of using it, meaning its software should be used with a machine to ensure it is not merely an abstract idea. The invention should be new, unique, and not obvious to any person with average industry skills. However, patentability has led to the public uproar with some experts arguing that software patent is a deterrent to innovation and should be scrapped altogether. The clear line between software and machine, ordinary idea, and patent troll are controversial among other issues. The main concern is how can computer software be patented to prevent other people or firms from using similar programs and Continue reading
Pre-Shipment Inspection
Pre-shipment inspections (PSI) is defined as the certification of the value, quality, and/or identity of traded goods done in the exporting country by specialized agencies or firms on behalf of the importing country. Traditionally used as a means to prevent over-or under-invoicing, it is now being used as a security measure. Pre-shipment inspections are required when mandated by the government of the importing country. Governments assert that pre-shipment inspections ensure that the price charged by the exporter reflects the true value of the goods, prevent substandard goods from entering their country, and mitigate attempts to avoid the payment of customs duties. Pre-shipment inspections are typically performed by contracted private organizations. In most cases, importers can select from a short list of these organizations when planning inspections. However, sometimes one firm is appointed to carry out inspections for a given country on an exclusive bases. Inspection costs are generally paid either Continue reading