jELUw9wWyxPP4oGBXYFC0HCrlTAM0: December 2012

Monday, December 10, 2012

New Codes for Advertising in the UK in Force From 1-9-2010 - A Quick Checklist of the Key Changes

CAP (British Code of Advertising, Sales Promotion and Direct Marketing Code) and BCAP (Broadcasting Advertising Standards Code) were revised in March 2010 following a public consultation and have now come into effect.

The new rules reinforce the principle that "all advertising should be legal, decent, honest and truthful" and contain a number of key changes regarding consumer protection and social responsibility.

In particular, ~Television and radio advertising has been consolidated in one new broadcast Code; ~Television and radio advertising is required to have regard to and consider social responsibility; ~The new broadcast and non-broadcast Codes contain similar rules in key areas such as misleading advertising, harm and offence; ~The new Codes are designed to be simple, user-friendly providing useful guidance.

Key changes

Consumer protection: ~ The new Codes include clarification on how to use the word "free" and other qualifications in marketing communications. ~ Price statements must take into account guidance from BIS. ~ The new CAP Code will contain a specific requirement that debt advice and debt solutions advertisements should comply with guidance from the OFT. ~ New rules oblige the marketing manager of prize promotions to be clear about the number and nature of prizes, including those that are available to win and those that are guaranteed to be won, as well as ensuring that recipients of "instant wins" are able to obtain their prize quickly and easily.

Distance Selling ~ The BCAP is now aligned with the laws on distance selling, clarifying that the consumer can cancel within 7 days for any reason. ~ Advertisers must fulfill orders within 30 days unless they have agreed a longer period. ~ The Codes also include rules requiring the marketing manager to make clear his/her identity.

Children: ~ Marketers are now prevented from collecting personal information from children under 12 years old without obtaining the consent of their parents or guardian. ~ Further restrictions exist for the collection of information from the under 16s. ~ New rules guide advertisers so that they do not to fall foul of the ban on exhorting a child to buy a product or persuading adults to buy a product for them, since this ban is a legal requirement. ~ Advertisements for age-restricted computer and console games should comply with new television and radio scheduling requirements. ~ Advertisements are prohibited from exploiting the trust that children and young people place in parents, teachers or other people. ~ Competitions directed to children must include all significant qualifying conditions and where appropriate parent permission together with a clear end date.

Health: ~ The new Codes reflect the main provisions of the European Regulation on Health and Nutritional Claims. ~ The new Codes reflect the requirements of Directive 2004/24/EC about advertising herbal medicines. ~ A new rule has been introduced in line with an existing television rule to protect people who might be harmed by flashing images in advertising.

Social and environmental responsibility: ~ A new principle of social responsibility is introduced for broadcast advertising, which requires that all advertisements are prepared with a sense of responsibility to the audience and to society. ~ A rule is introduced in the environment section of the Codes preventing marketers from exaggerating the environmental benefits of their products. ~ A new lottery section will be introduced, which will cover the National Lottery and lotteries licensed under the Gambling Act 2005, addressing lottery advertising and making it subject to the same social responsibility rules as other forms of advertising.

This article is for general purposes and guidance only and does not constitute legal or professional advice.

Improve the Bottom Line: Here's How to Capture Value of Intellectual Property Key Features of Trademark Management Software Intellectual Property and the Economics of Entertainment Benefits of Understanding the Value of Your IP Starting Your Career As An Intellectual Property Lawyer

A Brief History of Music Piracy

Music piracy has been in the news recently as the BBC has compiled a list of the most illegally downloaded musicians for difference areas of the UK as well as the UK as a whole, with Ed Sheeran named the most downloaded artist in the country. While this may be a bit of fun, it highlights a serious subject. Music piracy is illegal and illegally downloading music or selling pirated music can lead to criminal charges. When music is pirated artists are not making money from the product they have produced and it is breaking intellectual property law. Any creators, including creators of art such as music, have the legal right to do as they please with their creations, including the right to sell them or let others broadcast them.

History of Music Piracy

The history of music piracy doesn't just go back to being able to download music via the internet. It can be traced back to the 1920's and radio stations playing music without the permission of writers or performers.

Tapes and Bootlegs

The beginning of music piracy being carried out by regular consumers goes back to cassette tapes and the 1960's. From the 1960's it became common for people to record music using blank cassette tapes either from vinyl or other tapes. The quality wasn't great - nowhere near that of purchasing a record - but it was a way of acquiring music without paying for it apart from the cost of the blank cassettes. Although most of this was fairly low-level, such as children recording a tape of their friend's records, there were some who were making money from this by mass-recording and selling copies onto others. It was not easy to make large amounts, though, due to the lack of quality.

Tapes made it possible to record live music, which led to an illegal bootleg industry. Some recorded live concerts, in some cases mass-producing copies of a performance and selling them to fans. Some of these became collector's items as it was an opportunity to have a copy of your favourite artist performing live, something that often wasn't available from shops.

CD's

Compact discs came along in the 1980's and were better quality and longer lasting than vinyl. To begin with theses couldn't be copied as they were read-only. However, computer technology improved and it became possible to copy CD's to the same quality as the original record. This was an opportunity for some recording and selling on copied records to make large amounts of money.

Digital

The more recent rise of digital music has led to much more piracy of music. A number of websites appeared offering user's fee, or very cheap, recordings. This has been clamped down on with legal action taken against these sites with them being taken down as a consequence. There are websites where people can download music legally. This is often cheaper than buying the physical record, for example the CD. Illegal sites are still a problem though. It is possible to record multiple digital copies of music that can be passed on or sold to others. CD's can also be imported into MP3 software many times over, so people can borrow other peoples CD's and make their own digital copies.

Music piracy is not new but it has become more of an issue since the invention of digital music. It is something that may never completely go away but it is being clamped down on by the authorities to limit the chances of guilty parties getting away with copyright theft.

Andrew Marshall ©

Dog Bites: Claim Compensation With the Help of a Lawyer

An increase in the frequency of dog attacks has been noted recently and they mostly involve young children aged 18 and below. Victims of dog-biting incidents usually require hospital treatments which may at least 3 days, depending on the degree of the attack. If the dog involved belonged to someone else, the incident may be considered as a personal injury case where the victim may claim for indemnity of damages. Dog owners are required to update their pets' vaccination schedule. However, some dogs whose shots aren't updated may be carriers of rabies, which is a life-threatening disease. A bite from one of these dogs not only involves physical injuries but also an increased risk of acquiring rabies. In addition, dogs are not the only pets that potentially carry rabies, cats, exotic pets and rodents may also bite and injure innocent victims.

It is important to immediately seek medical help for the patient and report the incident to the police. Some countries have specific laws regarding compensating a victim of a dog or a pet bite, while others do not. Still, this doesn't mean that you cannot seek payment for damages incurred by the victim. Compensation for such personal injury cases will be done by a lawyer professionally and may increase the victim's chances of receiving a settlement. Moreover, in calculating the value of the total damages, a personal lawyer is an expert in putting values to injuries that are otherwise hard to measure. Example, a victim's hospital bills have actual valuation, whereas trauma is much harder to appraise. Also, the extent of the damage related to a person's worth will be considered. To illustrate, a model whose face gets disfigured by a dog bite may receive a higher compensation considering that the victim will probably also lose her modeling job as a result of the dog bite.

When a victim experiences a dog bite, it is important to let the pet owner know the danger that the dog poses if he runs around freely and unleashed. If the dog involve belongs to a particularly notorious breed, your lawyer will only have to point out the notoriety of the dog's breed to the judge to get the victim to be awarded with compensation promptly. However it is also the responsibility of the victim to show that the dog was not provoked in any way and that it could have behaved the same way if someone else was there at the moment instead of the victim. In addition, dog owners may also be responsible for the damage caused by their pets to other people's properties.

Pet owners should be responsible for their pets. If they will not be around for a certain time, then it is their responsibility to bring their pets to a relative for safe-keeping or keep them locked in kennels where they won't be able to cause harm to other people directly or indirectly. There are numerous cases of dog-biting and dog-related accidents that have not been brought to court. If you are someone who would not want to settle things at court, then you may still hire a personal injury lawyer so that you may still be awarded some sort of compensation for the injuries and expenses that you have obtained. If, however, you choose to settle things at court, then there is a bigger chance that you will get a more substantial amount of compensation commensurate to what you have actually gone through during the entire dog-biting experience.

Rules of Thumb For Public Domain Works

Public domain is consists of vast material that includes books, music, photos and information that is available for the public. There are times that you find yourself having difficulty in distinguishing if a certain work belongs to the public domain, because the laws governing it are sometimes complicated and are always changing. However, you need not to worry anymore abut that because here are some terms and conditions for using public domain works as well the rule of the thumb in determining works:

1. First thing about on how to distinguish it and perhaps the most common is when you look at the publication date and the place where it is published and that it is prior to the year 1923, automatically you can say that it is in the realms of public sphere.

2. Now there are some modifications and new rules governing the legality of the publication of a certain work for those works published or released between 1923 and March 1, 1989. Because there are some works that was created during these years that have not been able to follow certain regulations. In other words, some works do not provide a notice of copyright on the work or the renewal of the copyright per statutory deadlines. Specifically, we can say that it is already considered to be a category belonging in the public sphere if a certain work was published in the United States during the range of the year 1923 and 1978 without any notice then we can say that yes it is belonging to the public domain. On the other hand, if the work was publish in the United States during the range of the year 1978 and March 1, 1989 to be exact, still without any notice and registration, then it is still considered to be in the public domain. Even if a certain work was published in the United States during the year 1923 and 1963 with a notice and the copyright do not apply for a renewal, we can still say that it belongs in the United States.

3. Now for those works that has been created after March 1, 1989, works that has published or not are protected by copyrights for 70 years from the date the creator dies. In addition, those works for corporate authorship (works made for hire), the copyright term is the shorter of 95 years from publication or up to 120 years from the date of creation.

Benefit Your Business - Protect Your Intellectual Property

If you have developed a superior way of doing something - from manufacturing, through to software or a business process - then your first move should be to protect your idea from others who might seek to copy it.

It is a good idea to retain an intellectual property lawyer you will advise you on the best ways to use the law to protect your new idea and the man hours that you have put in to it. It may be that you can patent your idea, as vacuum cleaner magnate James Dyson has done successfully. Dyson's company has registered dozens of patents covering innovations in cyclonic air handling technology, and developments to electric motors. Without having this patent, his ideas would have been copied by other manufacturers and he would not have made anywhere near the same amount of money. Alternatively there are options to do with copyright or trademark registration, which may suit your business better and provide adequate protection for your needs.

An experienced intellectual property solicitor will know the latest developments in the law which will effect the protection of IP, they will thus be in the best position to advise you on how to stop others from using your commercial advantage.

A good way to market your business may be by licensing your protected technology or idea to others and take a royalty from them using it. This recognises the value you have created, but allows you to harness the effort of others to help take your new development to a wider marketplace, more quickly. The Apple iPhone is a good example of a innovative product reeling in 3rd parties by allowing them to create apps, which in turn furthers the phone's appeal across the market place.

Intellectual property law is fast paced and constantly developing, therefore chances are if you rely on old documents or cases you will inadequately protect yourself. It is frequently the case that new ideas or process struggle for money in the early days and therefore it is tempting to not pay out for legal advice, however if it turns out that your IP is not adequately protected then you will loose money in the future. By having a soundly protected concept, it is all the easier in the future to defend your unique idea against those who will try to copy or mimic it. Many legal battles are fought over whether one new product or service copies an existing one - and the impact for both parties can be dramatic, particularly if the product has high value or mass market appeal.

The Ethical Use of Intellectual Property

Perhaps because of my writing for a living I view academic integrity as a serious issue. Often in my capacity as "A for hire" ghostwriter, I have seen individuals take work which I have spent hours completing only to claim it as their own. In the course of my various assignments I have often create an article of appropriately 400 words or even fabricated a complete manuscript and graciously permitted another to sign it as their own. I personally could not do this as I view the complete process as not only morally unethical but it would also tend to cast an unfavorable light upon my own sense of values.

In a quote which I once read it stated that "academic integrity is about more than mindlessly following citation rules to escape the perils of plagiarism". I feel that refers to series of mechanical methods of writing where one can possible bypass the official explanation of plagiarism enough to have their work accepted as their own. In the second part concerning the interaction between you and the writer, I sense that a true writer must put himself in the authors shoes and consider how he would react if the situation were reversed. He must read the authors material and digest it properly and than make his own appropriate notes. I have often found work which I have completed on the internet under someone else's byline. This initially angered me but today I take it with a grain of salt. It isn't right but life is too short to get upset about it and justice will eventually prevail.

I feel the important point to be found in this articles information is the fact that with proper note taking many academic plagiarism issue could be effectively avoided. It would appear to be impossible to comprehend any information if you do not at first read the material and as such if you are going to read the data than you may as well take notes and do the assignment the accepted way. It has often been suggested to me that I should consider writing for one of the term paper hack sites on the internet, but I do not cherish the thought of compromising an academic system that has been in force for hundreds of years. I encourage all would be writers whether it is for educational purposes or as a means of livelihood to carefully reveal all references and ensure proper citing while doing proper research and compiling adequate notes on the topic at hand. Only in this way could one avoid the pitfalls of dishonesty associated with their studies.

I would like to present you with an interesting side note concerning plagiarism. During one of my semester courses in college I cited myself in an article which I had written. In fact my complete intent was to create my final paper from the topic of that article. This was properly discussed with the class instructor before hand and he agreed that it would be acceptable. When it was time to submit the final paper I ran it through the copy proofing program used at the universities site and it showed a high degree of plagiarism. I thought nothing about it since the highlighted features originated from my article's information only. Unfortunately, the professor had forgotten about our conversation and rejected my paper. He left me a reply on the order of, "Joe, I sent your paper back to be re-accomplished because of plagiarism. If I looked at it I would have to assign you a grade of zero".

At first I was shocked and than realized what had happen. I informed the instructor and he than apologized as he recalled our conversation, so things can and do happen sometimes.

By Joseph Parish

The Small Print - How Bad Can it Be? Example 1 - Indemnities

Have you ever wondered what the difference is between a guarantee and an indemnity in an agreement? No. OK then, I will make this quick.

A guarantee is a promise to be responsible for another's debt or contractual performance. It is the sort of thing that parents are asked to do when their adult children obtain a bank loan or more usually several bank loans.

An indemnity is a promise to basically insure someone if an adverse event happens. Insurance companies do it for say fire and theft.

An indemnity can be a real bonus or a bombshell, depending on which side you are on.

Here are two examples:

- You move to bigger office premises and someone else takes over your lease. An indemnity allows the landlord to come after you if the new tenant doesn't pay or goes bust. - Unbeknown to his wife, your accountant has a secret life involving fast cars, woman, gambling and drunkenness. You sell the story to a newspaper. Understandably, you are wrong. If you have an indemnity from the newspaper they will pay all your damages and the costs of the defamation action. If not, you are stuffed. - With a bit of imagination you can get people to indemnify you for all sorts of unlikely consequences of a contract. This is very useful as there is always some nutcase out there (no offence to any readers) who may just add you to a court action as a scatter gun tactic.

Indemnities are quite common in agreements for say selling shares or a business, or when you assign intellectual property (IP). But, usually the event indemnified does not happen so no one takes any notice.

How often would lawyers sneakily stick an indemnity into an otherwise innocent agreement? Answer: all the time if they think that it will give their client an edge if something unexpectedly goes wrong.

How the Value of Intellectual Property Is Determined

Exactly how is the value of an Intellectual Property (IP) asset determined? This is a question that many people, including evaluators as well as lawyers ask each and every day. The answer may seem easy enough, but it is actually a complex process in order to determine the value. Because there are so many different ways to determine value, it is possible to have several answers to that one question.

The worth of a particular IP asset is dependent upon the method used to determine the value. The problem is that there is no consistency in the values obtained. One may actually find a different answer each time a different method is used. In addition, the answers may vary widely.

At the present time, there is no central authority available to set standards for the IP valuation process or to confirm that the valuations are fair and accurate. This reality can create problems. In addition, this issue can create problems across the globe since IP value is used in order to assess corporate worth.

There are several groups that are trying to get a single IP valuation standard to be used. These groups include the US financial Accounting Standard Baord as well as the International Financial Accounting Standard Board. However, all of these groups have been unsuccessful in their efforts.

There are a number of reasons why these groups have been unsuccessful. This includes:

The exact role of IP valuation is not very clear. Is IP valuation an accounting tool or something else? The answer to that question would change whether you asked a lawyer or an accountant. Developing a standard would mean that various professional communities across the globe would have to come to an agreement. Each group has a vested interest in making sure that the IP valuation method most favorable to their particular niche be used. Assets come in a variety of types. This means that the method used to determine valuation may need to differ depending upon the asset type. Terms used to describe assets can vary in meaning in different areas. For example, terms used by lawyers may have different meaning to accountants.

Although this task is difficult, the global recession has given a sense of urgency for the need to develop a consistent process. Indeed, the IP asset process has received intense scrutiny across the globe. This is especially due to the fact that the markets have been fluctuating greatly.

Both corporate and IP professionals declare that it is important to determine a process for determining value. This is necessary not only to achieve consistency and minimize market fluctuations, but it is also necessary to reduce the number of unethical IP valuations.

Because of the failures of the past, most groups now believe that agreement upon one standard may not be possible. Instead, it may be necessary to develop a framework which could assist in simplifying the process of IP valuation.

What does this mean for investors and others? This means paying attention to the new developments that will be happening in the IP valuation field. It is highly likely that any recommended changes will be brought forth in stages instead of all at once.

By remaining focused on the process, lawyers and others can ensure that they will know about the latest IP valuation tools and methods as soon as such things are available.

Protecting Catchphrases, Slogans and Taglines

A catchphrase, slogan or tagline is an expression usually popularized by continued use by individuals, groups or companies. Oftentimes, people who own the intellectual property rights to these expressions wish to do everything they can protect them legally, (as they should), but are unsure what type of protection is available and what to do.

To begin with, there are three main types of intellectual property: patents, copyrights and trademarks. Patents are property rights granted by the government to inventors for their inventions. Copyrights protect "original works of authorship" that have been tangibly expressed, whether published or unpublished. However, catchphrases, slogans or taglines are subject to protection by trademark, which covers words, symbols, sounds or colors that distinguish goods from others and that indicate their source. Likewise, a service mark provides the same protection as a trademark, but for services.

Regarding how to safeguard a catchphrase, slogan or tagline with a trademark or service mark, technically, you do not have to register anything with the government, but only have to be able to show a legitimate use of the mark in order to establish rights to it. Nevertheless, it is a good idea to use the "TM" or "SM" designation to alert the public to your claim, which may be done without any kind of filing or registration.

Lastly, the best way to protect your catchphrase, slogan or tagline is to register it with the United States Patent and Trademark Office, which can be found at www.uspto.gov. Once the mark is registered with the USPTO, you may use the symbol ® in connection with the goods or services listed in the trademark registration. Having a federal trademark registration provides many benefits, most notably the ability to bring a lawsuit in federal court and a legal presumption of the registrant's ownership and exclusive right to use the mark.

Before a catchphrase, slogan or tagline is used, a trademark search should be conducted. This should be done to determine whether someone else is already using a mark that is identical or similar to the one you want to use. In order to have a professional search conducted and to ensure that the application and registration procedures are handled properly, be sure to retain competent legal counsel to assist and represent you in the process.

Steps Every Company Should Take to Protect One of Their Most Valuable Assets

In the 21st Century, intellectual property (IP) represents one of the most important assets for companies. The amount of trade secret misappropriation alone is staggering. According to Thomas Heed in "Misappropriation of Trade Secrets: The Last Civil RICO Cause of Action that Works" published in The John Marshall Law Review,"Corporate loss estimates from misappropriated trade secrets are estimated by various sources to be between $1.8 billion and $100 billion annually, and the frequency of incidents seems to be rising."

One of the best ways a company can protect its IP is through employment agreements with employees and service agreements with independent contractors. The following summarizes why each particular type of IP needs to be protected by a written agreement and practical suggestions for addressing these concerns.

1. Patents - Contrary to popular belief, a company does not automatically own the rights to inventions developed by an employee in the course and scope of their duties. Generally, the employee owns the invention and later patent rights, while the employer obtains a special license called "shop rights" to practice the invention. Additionally, patent law generally requires that an assignment of patent rights must be in writing. To address this, employment and independent contractor agreements should include an assignment of inventions/patents provision to ensure that the company owns all these rights.

2. Copyrights - Like patents, urban myths abound regarding employer ownership of copyrights created by employees and independent contractors. While the work made for hire doctrine applies in many instances, it is best to include an express copyright assignment in agreements with employees and, particularly, independent contractors. Also, like patents, a copyright assignment generally must be in writing.

3. Trademarks/Trade Dress/Trade Names - These intellectual property rights require use in commerce, so they are not usually an issue with current or former employees and independent contractors. However, risk can be avoided by requiring employees and contractors assign the rights to a trademark, trade dress, and trade name ideas. Employees and contractors should also be limited from using confusingly similar marks in competition while employed.

4. Trade Secrets - Of all forms of IP, trade secrets are most vulnerable to employee theft and malfeasance. Because non-compete agreements are sometimes difficult to enforce, an employment agreement should have separate provisions for confidentiality/non-disclosure, non-solicitation, and non-competition. Failing to have employees agree to a written non-disclosure policy, whether in a formal employment agreement or employee manual, can be fatal later when a company seeks to protect its confidential information, depending on the circumstances.

5. Electronic Files - Electronic files and their ownership fall into a gray area. Companies are better off confirming in writing that all electronic files and data created in the course and scope of an employee's or independent contractor's employment are owned by the company. Care should be taken that the company owns these rights despite the medium and location in which the files are stored. This type of provision is needed to address electronic files created by employees on personal electronics, such as home computers, iPads, and smart phones.

6. Domain Names - Cases involving ex-employees and disgruntled contractors registering a company's domain names, registering domain names a company foreseeably would want to use in the future, or maintaining control over existing domain names are legion. For unknown reasons, domain names are a favorite target of departing IT employees. To avoid all these problems, a company's agreements should clarify that it owns all of its domain names and preclude employees from registering domain names that are confusingly similar to the company's trademarks or current domain names.

7. Passwords and Other Sensitive Information - Similar to domain names, an employment agreement should make clear that all passwords and other sensitive information is owned by the company and require that an employee provide that information if needed after employment has ended.

8. Social Media Accounts - Like all emerging technologies, the law has not caught up with the unique problems created by social media. A company does not want to find out that its Twitter account and thousands of followers are owned by an ex-employee or worse, an ex-independent contractor. Therefore, agreements should establish that the company owns all of its social media accounts.

One final recommendation is to conduct a formal exit interview with departing employees to remind them of their obligations above and to get them to commit in writing that they have not taken any information or materials with them. This can be a crucial step if litigation erupts later over whether the employee stole company property or violated agreements.

What Will a Property Solicitor Work on?

Property solicitors, also known as Conveyancers, manage the conveyancing process for the purchase or sale of a property. It is not obligatory to user a property solicitor, when making a purchase or sale of a property. Therefore, many people decide that not using a property lawyer could prove cheaper. However, there are many advantages to using a solicitor. In fact, for people who do not understand property law, it may just cost them more, if they venture into the darkness alone and unsupported.

Property lawyers, act on behalf of the buyer or seller that hires them. They can perform several tasks on behalf of their client. These tasks include drawing up and assessing contracts. Property lawyers can also take part in conducting local searches and dealing with the Land Registry of a property. They can manage the stamp duty charges and payments. They can also manage the collection and transfer of funds as well as provide legal advice and recommendations.

There are different ways in which lawyers charge their clients. Some simply charge a fixed fee and therefore the client knows where they stand financially. However, other charge a fee based on a percentage on the value of the concerned property. Extra fees may also turn up to cover the cost of paperwork or specific complicated work that requires more detailed attention and time than expected by the lawyer.

Because of the different methods of payment, buyers and sellers alike are advised to research prices and get at least 3 different quotes, before selecting a lawyer. In addition to the varied methods of charging clients, the fees can also be diverse; ranging from 500 UK pounds to 1500 UK pounds. In addition to the fees of the lawyer, clients will also be charged for any costs incurred by the lawyer when acting on their client's behalf. These costs could include postage costs and VAT and are referred to as disbursements.

Solicitors can be involved in a range of activities ranging from obtaining the deeds to a bought property, to preparing and sending legal information and contracts for sales. Settlement figures for a mortgage or housing loan can also be requested. The solicitor will also liaise with any relevant parties so as to negotiate for a date of moving, also known as the completion phase. The property lawyer is also involved in the exchange of contracts. They receive the deposit as a down-payment and make the transfer to the seller. They also organise final accounts and prepare a final settlement for the approval of the client. Even after completion, the solicitor is involved. They pay off the mortgage and notify HM Lan Registry. And finally, they hand over deed and any balance of money to their client.

The Three Stages to Portfolio Optimization

There are three main stages when it comes to portfolio optimization, which are the strategic planning stage, the project proposal stage and the portfolio building stage. You may be wondering why you would need to optimize your portfolio in the first place. Well as your intellectual property portfolio grows in an ever-changing market place new opportunities may arise with the advance of new and different technologies.

Even though a patent that is held today isn't making any money for you it doesn't mean that it can't make money for you tomorrow. The same holds true with a profitable patent, although it may be making some money for you right now it might actually be better utilized in a different sector, making it more profitable.

Since every situation and portfolio is different each one will require a unique approach to optimization. You will need to have a strategy in place that will not only help you to maximize the potential of your portfolio but also to help your intellectual property grow and evolve in a changing marketplace.

This is where portfolio optimization comes in. There are many options available to you to help with your portfolio optimization, from the use of software programs to enlisting the help of professionals. Although hiring someone to optimize your portfolio for you may be the more expensive route initially, the overall outcome for potential earnings that your investments will make will more than outweigh the initial costs. This is especially true if you are unfamiliar with the software programs that are available and have to spend valuable time through trial and error just trying to figure it out.

So whether you are going to go at it yourself or enlisting the help of a professional, it is always a good idea to have a general understanding of the process. So without further adieu the three main stages of portfolio optimization are:

Stage 1 - Strategic Planning In this first stage you will need to determine what motivations are driving your portfolio and where you want it to eventually end up. Based on these criteria, it will provide you with a better understanding of the marketplace and where to look for opportunities. For example if a patent that is currently holding no value for the current owner becomes available through sales or auctions you may be able amalgamate it into your intellectual property, which will then subsequently take on a whole new meaning and value.

Stage 2 - Project Proposal Once you have an idea of the direction you want your intellectual property to progress you can start to submit proposals for different business projects to help generate ideas and opportunities that will benefit your overall intellectual property portfolio. With new leads and ideas you can start to focus the direction of your portfolio.

Stage 3 - Portfolio Building Now that you have focused the direction of your portfolio and generated new opportunities and interest it is time to diversify by acquiring new and existing technologies and patents to increase your intellectual property. Funding should be allocated to specific projects and the acquisition of patents should be the main goal at this stage.

The overall key to portfolio optimization is to make sure you are up-to-date on the current technologies and patents that are available in the marketplace. By having a good understanding of what is out there it will help you to optimize your own portfolio and give you the potential to add to your intellectual property. Remember there are many patents that have been registered, but some of them are not gaining any income for their current owners.

Quitclaim Release (Non-Real Estate) For Property Title Transfer

When a person releases his right, title or rights in a property in favor of another person, without any warranty, it is know as a Quitclaim Release (Non-real estate). Such transfers are applicable among family members, when their property is used in the business, settlement of divorce claims and offer of any property as gifts to another family members or close relatives.

The claim release is quite common in divorce cases, where husband releases the property or grants full property right to the wife. The transfer of the property title can be carried out through, Quit Claim Release Deed. By signing this document, the husband quit rights to the jointly held property and the property title is fully assigned to the wife. In this case the person transferring the title is known as Grantor (Husband) and, the recipient of the title is called Grantee (wife).

The transfer only proves the releasing of the claim held by the grantor. The deed also does not prove that he has any ownership title in co-ownership of the property or property is free from any debt or liability. The grantor also need not specify that, any third person also has right to the transferred property. There is difference of such warranty, from jurisdiction to jurisdiction. Thus, it is necessary for the grantee to investigate, through a lawyer about the jurisdictions and state requirements, details of the property and title ownership of the grantor.

The Grantor also should keep in mind that, once the title to the property is transferred and the Deed is signed, title remains transferred. By any chance, if he has any change of mind about the transfer and wants to revert back the transfer, it is not possible to prevent the rights or title transfer. Hence, it is essential that the person releasing the claim should think twice before signing the Deed.

You can download and print, Quit Claim Release Form from Internet for title transfer of your property.

What is a Divorce Trial, and What is an Appeal?

A Trial is an Evidentiary Hearing (hearing that involves witness testimony, exhibits, etc). Although most cases settle, it is at times, necessary and unavoidable to go to trial. The Petitioner (the spouse which initiated the Divorce) submits his or her evidence in the form of testimony and exhibits. After the Petitioner is done with his or her case, the Respondent (the responding party) submits his or her case through testimony and exhibits.

Either side can call expert witnesses (for example custody evaluators, financial experts, mental health professionals, etc.). Each side has the opportunity to cross-examine or to ask questions of the witness that the other party submits. Once both sides finish with the presentation of his/her case, the Judge who listens to the testimony and accepts certain evidence into the record, has ninety (90) days from the close of the record to issue a written decision.

Once the Judge issues a written decision, the decision is final. If one party does not agree with the decision, they have the option to either ask for certain Post-Decree relief or/and file an Appeal with the Court of Appeals.

Filing an Appeal is an extremely expensive and time-consuming endeavor. In summary, the Court of Appeals consists of a three (3) Judge panel, which hears oral arguments by the attorneys for both parties. Prior to the oral argument, the Appellant (the party who filed the Appeal) and the Respondent (the party who is responding to the Appeal) must file an "Appellate Brief" which consists of the facts of the particular case, past cases, applicable law, Statutes and Rules and how the law applies to the facts of the particular case before the Court of Appeals.

Protecting Your Brand With a Registered Trade Mark

Your branding differentiates your products and services from those of your competitors, it lets your customers develop loyalty based on expectations of quality and service, and it can attract prospective clients and consumers. These are just some of the ways in which value accumulates in your brand, and just some of the features that competing businesses might try to exploit.

Very often businesses do not really appreciate the value of their brand names and logos until they are faced with imitators, but for those that have overlooked effective protection that can be too late to avoid expensive legal disputes. Passing off actions are the way to combat the use of unregistered brand devices by competitors, but the costs can be considerable, and even a successful action might not yield entirely satisfactory results.

Benefits of trade mark registration

Registering trade marks early on can prevent these expensive disputes from arising, and provide effective ways of enforcing your rights in the event that they do occur. The benefits of trade mark registration include:

- Notice to the world of your brand (the trade mark registers are publicly accessible)

- Dissuading use of your brand without permission

- Notification when other parties try to register similar brand names

- Mechanisms to prevent counterfeiting

- An asset you can license or sell

The application process

The application process varies depending on the countries in which you wish to register your trade mark, but generally involves filing a base application with either the UK Intellectual Property Office, or the Office of Harmonisation for the Internal Market (OHIM) for a European trade mark. The steps involved in a UK application which is unopposed by other trade mark holders are:

1. Search the registers

2. File your application

3. Receive the examination report

4. Advertise the application in the official journal

5. Application is granted

6. Receive your certificate

and the process can take from 4 - 8 months.

Choosing a service provider

There are numerous service providers that will offer to help you register a trademark, but it is important to remember that the field is unregulated. This means that it can be difficult to ensure that your service provider will offer the level of service necessary for effective protection.

When choosing a service provider to register your mark there are a number of different considerations to take into account. At the forefront of the minds of many people will be price, and the question "What am I getting for the price I am paying?". But bear in mind that quality is important - you must be sure that they have the necessary expertise to secure adequate protection that actually covers your business. An amazing number of registered trade marks do not actually provide the correct scope of protection.

Finally, is the service provider able to assist you with any complications arising in the course of the application process, or provide you with aftercare to help you enforce your rights post-registration?

By using registered solicitors or trade mark attorneys with wide experience of trade mark issues you can avoid the need to bring in additional consultants at great expense if there are difficulties with your application. Specialists will also be able to advise you on how to police your trade mark, and enforce your rights where necessary.

Monday, December 10, 2012

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