Copyright Law Blog

Law Firms in Dubai

August 11th, 2009 at 06:41am Under copyright law

Have you ever felt that your lawyer doesn’t have a deeper idea than you have about your special legal matter? Or do you have to run around to get different legal solutions for your business? The solution can be a consortium of specialized legal experts and business professionals from various sectors. Emergence of a new business oriented legal solutions is the need of the time. Business laws are different from country to country and become complicated when a company has services offered in different geolocations across the globe, especially when its military contract disputes and import, export sector.

Businesses such as petroleum products –a global economy driving factor- need special legal and business expertise. All business legal solutions under one roof might relieve the pain of finding specialties in every legal issue.

Al-Khalifa- legal is such a business oriented legal service provider for all businesses in and around UAE. Understanding the need of specialization

In complicated legal business advice it has deployed specialties for each segment.

We have legal experts who can empathize with you and an eye for details.

You can go for specialties in Administrative law, criminal and penal, International sales of goods, Project financing, Arbitration and alternative dispute resolution, Islamic banking and Islamic project financing, Real estate and construction, Banking and finance, Information technology and ecommerce, Investment banking, Restructuring and corporate Recovery, Commercial, Insurance, Labor and employment, Taxation and financial structuring, Competition, regulation and trade, Intellectual property, copyrights and multimedia litigation, Corporate, International offshore incorporation, Maritime, aviation and transport.

Pakistan Law (informative Website About Law of Pakistan)

July 31st, 2009 at 12:43pm Under intellectual property

Pakistan LawAccording to necessity of the world it is felt that there is need to collect the information which gives knowledge about the law of Pakistan. Pakistan Law is first Pakistani Law website providing useful law information to the world wide, this web site is designed for general information only. All information is collected from different law sourcesWelcome to the Pakistan Law website. This website is all about lawyers information in Pakistan, online legal help in Pakistan, legal dispute, legal opinion Information about various Pakistan laws and government policies, news with videos its all about lawyers, Pakistan law firms, courts details of Pakistan and Pakistan law officesThis Web site is divided in various parts1. Pakistan LawInformation base section related to Pakistan law which includes Banking Law, Company Law, Civil Law, Companies Law, Communications and Media Law, Intellectual Property Law, Agriculture Law and Tax Law2. Pakistan Top StoriesWhat’s going in Pakistan, as we know Pakistan suffering from very bad time. Pakistan law provides all latest news top stories lawyers’ comments feedback and their opinions.3. Courts in PakistanList of courts in Pakistan with all important information phones numbers address.4. Pakistan Video BarPakistan Law is with one unique section VIDEO BAR; we have added all latest videos of lawyers5. All about LawyersUseful articles related law, law cases from history it can help law students as well as for professions to get some tipsSite URL http://www.pakistanlaw.net

Created by Muhammad Bilal Sarwari +923 44 44 68 321

Pakistan Law (informative Website About Law of Pakistan)

July 31st, 2009 at 12:43pm Under intellectual property

Pakistan LawAccording to necessity of the world it is felt that there is need to collect the information which gives knowledge about the law of Pakistan. Pakistan Law is first Pakistani Law website providing useful law information to the world wide, this web site is designed for general information only. All information is collected from different law sourcesWelcome to the Pakistan Law website. This website is all about lawyers information in Pakistan, online legal help in Pakistan, legal dispute, legal opinion Information about various Pakistan laws and government policies, news with videos its all about lawyers, Pakistan law firms, courts details of Pakistan and Pakistan law officesThis Web site is divided in various parts1. Pakistan LawInformation base section related to Pakistan law which includes Banking Law, Company Law, Civil Law, Companies Law, Communications and Media Law, Intellectual Property Law, Agriculture Law and Tax Law2. Pakistan Top StoriesWhat’s going in Pakistan, as we know Pakistan suffering from very bad time. Pakistan law provides all latest news top stories lawyers’ comments feedback and their opinions.3. Courts in PakistanList of courts in Pakistan with all important information phones numbers address.4. Pakistan Video BarPakistan Law is with one unique section VIDEO BAR; we have added all latest videos of lawyers5. All about LawyersUseful articles related law, law cases from history it can help law students as well as for professions to get some tipsSite URL http://www.pakistanlaw.net

Created by Muhammad Bilal Sarwari +923 44 44 68 321

The Laws of Quebec

July 31st, 2009 at 12:42am Under trademark law

If you are somehow connected to law in Canada it is important to remember one territorial problem. While the most of Canadian provinces are following the common law legal tradition, the province of Quebec has a hybrid system. For historical reasons, private law in Quebec follows the civil law tradition and public law is based on the common law. So you won’t get confused the main document regulating the civil law in Quebec is the Civil Code of Quebec that came into effect in 1994 as a result of a reform that was started about 40 years earlier.

One of the differences is related to the French language. Quebec has a law that protects and encourages the use of the French language on the territory of this province. It is entitled the Charter of the French Language. If a license agreement is written in the Province of Quebec it can be in English or in French. But if it is written in English in certain circumstances one of its paragraphs should be in French language and state that the parties have asked that the contract be written in English. The Charter also states that “signs and posters and commercial advertising shall be solely in the French language.” As for trademarks all the trademarks in a language other than French adopted before the Charter came in force (August 26, 1977) can be used. As for new trademarks, they must be in French, so lots of manufacturers license an extra French trademark for the Quebec market. The trademark itself in Quebec is considered an incorporeal moveable property, unless the parties provided an agreement stating that property is governed by the law of the domicile of its owner. Still if a question involved relates to the nature of the property and to the jurisdiction of the courts and procedure, the law of the Province is applied.

In Quebec provisional orders for interlocutory injunctions can be obtained very fast from Superior Court Judges sitting in chambers. Such injunctions are valid for ten days and can be renewed until the interlocutory injunction proceedings are heard, also an order granting an interlocutory injunction is valid until judgment on the merits.

Also the law of the province allows both parties to sign a license agreement that specifies the domicile in a foreign jurisdiction and determines the law under which the agreement will be governed. Still the courts of the defendant party are mostly the only courts able to issue effective injunctive orders against the defendant and to award damages to the plaintiff. So if a judgment is rendered in the United States it can not be enforced in Quebec if it is not confirmed by a decision of a Quebec court

Apart from all the legal differences even becoming a practicing lawyer in Quebec is different. In addition to a civil law degree, a completed stage (apprenticeship) a lawyer must also have an admission course. Also lawyers that are trained in either common law or civil law may not practice in Quebec without undergoing further training in one or the other legal system. As you see Quebec has many differences in law related issues so be sure to do the smartest thing before you start any lawsuit, be sure to consult your lawyer.

UK and European Trade Mark Protection and the Law

July 28th, 2009 at 06:42pm Under trademark law

The fundamental purpose and function of trade marks is to provide consumers with the means to demarcate the goods and services of one trader from another. It allows consumers to recognise your products or services as yours alone and thus avoid confusing it with the products or services of a competitor. Trade marks provide an exclusive way in which your goods or services can be identified as originating from you.Furthermore, trade marks reflect certain attributes and qualities which consumers can identify with certain products and services and so be given a sense of assurance that their requirements of quality and taste will be met.Independent of the above, shall we say, traditional functions and purposes of trade marks – given that businesses have invested enormous resources to develop and market not only their goods and services but also the brands which are associated with them – they also fulfil an ‘advertising function’. It is a function that needs to be protected in same way as the function of identifying where the goods or services originate (i.e. one trader as opposed to another) and the function of assuring quality and taste.Registered Trade Marks When a trade mark is registered under the Trade Marks Act 1994 (‘TMA’) it distinguishes your goods or services from your rivals and thereby obviates confusion with other products or services. In other words, it protects against deceptiveness as to origin. It does not matter whether a trade mark is represented as a logo, brand, signature, name, picture, shape, slogan, jingle, colour, word, marquee or otherwise, it performs the same functions.Section 1(1) of the TMA defines a trade mark as:‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings’.In order to avail oneself of the protection granted to trade marks under the TMA, it is necessary first of all to make sure that the trade mark is properly registered. This may be to state the obvious but there is often confusion with other intellectual property rights like passing off, copyright, confidential information and design rights which do not require registration. Such registration grants the registered proprietor the ‘exclusive rights in the trade mark which are infringed by the use of the trade mark in the [UK] without his consent’ [section 9(1)]. Registration grants a statutory monopoly to use of the mark. This means that the registered proprietor can use the registration to prevent others from using the same or similar mark on the same or similar goods or services.Infringement Secondly, the defendant’s use of the trade mark must fall within the definition of infringement as outlined under section 10 of the TMA. A defendant can be said to have infringed a trade mark in the following circumstances:¨ If he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered¨ If he uses in the course of trade a sign where because it is identical with or similar to the trade mark and is used in relation to goods or services similar to or identical with those for which the trade mark is registered, ‘there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.’¨ If he uses in the course of trade a sign which is identical with or similar to the trade mark, and is used in relation to goods or services which are not similar ‘where the trade mark has a reputation in the [UK] and the use of the sign without due cause, takes unfair advantage of, or is detrimental to, the distinctive character of the repute of the trade mark.’Duration The life of a registered trade mark is ten (10) years from the date of registration, unless it is renewed. If properly managed and administered the duration of a registered trade mark may be “forever”. However, if a trade mark owner fails to renew a trade mark on time, it may be removed from the Register. Accordingly, it would be prudent to engage a reputable trade mark attorney to ensure that your trade mark is carefully monitored and regularly and properly renewed.The Register The Register of Trade Marks of available for inspection at www.ipo.gov.uk. The Register displays current information and the status of all registered trade marks in the UK and those registered with the European trade marks office, known as OHIM. Defences There are a number defences available to competitors to lawfully use the registered trade marks of rivals in certain circumstances. The most significant one is the allowance given to fair use. Under section 10(6) it is lawful for a competitor to use the trade mark of a registered proprietor ‘for the purpose of identifying goods or services as those of the proprietor’ or his licensee, provided it is ‘in accordance with honest practices in industrial and commercial matters’. This provision is designed to allow competitors to use the trade mark of another for the purposes of comparative advertisement. However, the use of such trade marks must be fair. The question of when a use of another’s trade mark is fair has been visited by the courts a number of times since the passing of the TMA in 1994. An important case in this context is Barclays Bank v RBS Advanta [1996] RPC 307 where Laddie J concluded that a plaintiff could not succeed simply by showing that the defendant was taking ‘unfair advantage’ of the trade mark. He needed to show that there was ‘material dishonesty’ before he could succeed in establishing that there had been ‘unfair’ use. Subsequent cases have given rise to the objective standard of the “reasonable reader” to ascertain whether a use is ‘material dishonesty’ and therefore unfair.Europe Wide Registration Traditionally, one of the problems with the trade marks registration system is that it is territorial. This means that if you register in the UK, protection is only afforded in the UK and nowhere else. If you wish to get protection in France as well, for example, you must also register the trade mark in France. However, it is now possible to register a trade mark on a Europe wide basis by just making one registration which will grant protection in any one of the fifteen member states. This known as the Community Trade Mark. A Community Trade Mark provides protection by means of a single registration covering the whole of the European Union. Registration of a Community trade mark is granted by the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) which is located in Alicante, Spain.This Europe wide registration is not really a unified registration system but an application deposited to seek protection in a number of nominated separate territories. It avoids the preparation and filing of separate applications in each country for which protection is required. The trade marks laws which apply to each such countries would be differentTrade Mark Licensing Under section 28 of the TMA it is possible to license to use a registered trade mark on a general or limited basis or on an exclusive or non-exclusive basis. So, trade mark owners are able to authorise others to use their trade marks any practically any terms that they see fit. Trade mark licences should be in writing, and exclusive licences must be in writing.Trade Mark Infringement When a business uses a trade mark without the permission of the proprietor of the trade mark, continued use of the trade mark may be prevented by the grant of an injunction, and losses suffered by the trade mark owner occasioned as a result of the infringement may be remedied by an award of damages.Conclusions Trade Marks play a fundamental role in protecting business names, product names and the names attributed to services by business. In the event that another business copies a trading name, the original business is left only with rights granted by the law of passing off, which generally requires substantial evidence of trading activity and extensive marketing, in order to overcome the threshold requirements for goodwill and reputation, which in essence is what the tort of passing off protects.As trade marks represent the unique identity of a business, product or service, trade marks should form a central part to preserving brand identity of capital investment in promoting the business. Supposing two identical businesses that have been trading successfully for a number of years, and one has a registered trade mark and the other does not. If each of these businesses is the victim of another business copying their trading name, the business with a trade mark will almost invariably be in a superior position to protect the exclusivity of its trading presence. In effect, it may be the difference between not being in a position to protect their brand presence due to the more onerous evidential requirements required by making out a case for passing off.

What Are The Affects of Slogans On Brand Building?

July 27th, 2009 at 12:42pm Under intellectual property

Stepping a bit away from the already mentioned McWitchhunt (it’s when McDonalds sues anyone in the food business who has a name starting with Mc), lets take a closer look at such things as slogans and short phrases, and the legal stuff concerning this things. Slogan is one of the most important instruments in marketing. It is wrong to think that the main battlefield of marketing companies is the advertising, commercials or big boards, actually these people fight for our brains. When you come into a shop and see 20 types of toothpaste you will definitely choose the one you know. You won’t spent time on reading the packages and comparing the products. So the one that you buy will be the one with the most memorable advertising or slogan, the one that is in your brain. If we take some standard rules on slogan generation used in marketing. The slogan must be short and memorable. It must be easy to read and understand. The phrase must have a generally positive meaning, so lot’s of existing phrases are just not suitable for creating a positive advertising. What has positive meaning for you can have negative meaning for someone else.The legal side of the slogan and short phrase is not so complicated; it is the intellectual property that has some significance. First of all they are considered “de minimis,” or too small to qualify for copyright. However, if the phrase is used in connection with a product or service, you may be able to protect it and most important federally register it under trademark law. Trademark lawyers and lawyers can assist in the details of a trademark. After this, the rights you acquire under trademark law would allow you only to stop others from using it on competing services or products. Just like the Mc in food business, that was mentioned above. Nevertheless there were few cases when the movie companies have stopped the use of phrases like “Me Tarzan, You Jane,” or “E.T. Phone Home” on merchandise. So basically you can’t register a slogan or a short phrase unless it is used in conjunction with a product or serviceProbably the best slogan in the world is Nikes’ famous Just Do It. It was invented in 1988 by Dan Wieden the co-founder of the Wieden+Kennedy advertising agency. Apart from the fact that it is genius, it is still used as the slogan for Nike. Lots of artists played on the slogan and a Dutch pop singer Kim-Lian even released an album with such name, still no one was sued. Maybe it is because the slogan is so associated with Nike, that it will be impossible to use it with any other product. In case of intellectual property it is better to spent more money on creating a strong memorable and unique brand, than spend money on protecting a decent slogan from being copied by competitor companies.

Online Astrology advice and Horoscopes consultation

July 26th, 2009 at 06:41am Under copyright law

Information about various Indian laws and government policies. Features a lawyer search service, online legal help, and a 24 hour helpline for members.Online Legal solution (helplinelaw.com) is a special legal service with its emphasis on client and user friendly services rather than lawyer / advocate or technical data.Due to this we have thousands of visitors who have found a legal practitioner at a city / country of their choice with the least amount of fuss and effort.Our Legal services are available in 900 cities and 217 countries worldwide as a USA, UK, UAE, Canada, India, China, Japan, Italy etc.Most of the reference and replies are sent within 2 days and so the legal solutions are available very fast considering existing standards.A special Pro bono (free legal advice) segment is available for people who need legal support but either is financially incapable or cannot go out on their own for legal advice by Help Line Law.Help Line law during the current year would bring special focused services to its users:1) Real Estate: Helplinelaw: This service will offer approved and legal property purchase options in India. It will make it possible for members to locate project, which are legally safe and good to purchase.This service will initially be launched helplinelaw.com at New Delhi, Mumbai, Bangalore, Chennai, Kolkata, Goa, Ahmedabad, Agra, Ahmedabad, Bangalore, Baroda, Bhav Nagar, Bombay, Calcutta, Chandigarh, Chennai and National Capital Region (NCR). We accept the people to benefit immensely with this service.2) Specialized searches for Immigration, Corporate and Commercial work, Family matters, Intellectual Property Rights (IPR), Taxation matters, Divorce Laws, custody, Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, Civil, Criminal Solicitor, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Property lawyer, deeds, drafts.It will be our endeavor to provide focused and specialized services to all our visitors and client and assist them in finding the most appropriate option for their searches and requests.

Business Law Knowledge That Is Integral To The Running Of A Company

July 24th, 2009 at 06:42pm Under trademark law

It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business. Below is a list of the most important business laws.

Business structure laws: There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships.

Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking.

Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close.

Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business.

Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws.

Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business.

Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business.

Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business.

Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate.

Beware Of Laws
The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Additional Help
There are firms that offer their services and products to help make the process of starting and running a business very simple and easy. There is also software to make sure your company remains legitimate.

How Much Do Intellectual Property Lawyers Make?

July 17th, 2009 at 04:26pm Under intellectual property

How much do Intellectual Property lawyers make?

Areas of Intellectual Property in Canada

July 14th, 2009 at 06:41am Under intellectual property

Patenting is coved in Patent Act and includes new products, methods, new uses for old methods or products and products obtained from new patented methods. Still a patent can be granted only for one of the statutorily-defined areas of subject matter.

The Copyright Act regulates the protection of creative works like original artistic, literary, musical and dramatic works. A copyright itself grants a right to produce or reproduce and publish the work if it is unpublished. Once the performance or broadcast signal occurs the work will be automatically protected by a copyright, still it is better to register the copyright in case some legal problems arise.

A Trade-Mark is something that makes the product different from the other products on the market, so the Trade-Mark Protection can be used to protect word, name, design, logo, shape of a product or its packaging. The Trade-Mark Protection secures the rights of a Trade-Mark owner in the whole country in case a fake Trade-Mark is used in some areas where the original mark is unknown.

Trade Secrets cover proprietary and secret formulas, patterns, compilations, programs, devices, methods, techniques or processes. The Trade Secret is protected as long as it is kept confidential and requires no formal registration, but if a third party has independently developed this secret, they can legally use it. A Trade Secret is usually not registered and the owner of the secret can be defined if a third party obtains the secret by illegal means or through a breach of confidence.

Industrial Designs are protected by the Copyright Act and cover things like shape, configuration, pattern or even ornamentation that gives aesthetic appeal to finished product. The Industrial Design protection works only for products produced in quantities of 50 or more.

The two more ‘exotic’ areas are the Plant Breeders’ Rights protected by the Plant Breeders’ Rights Act and Integrated Circuit Topography protected by Integrated Circuit Topography Act. In case of the Plant Breeders rights if someone has developed new varieties of plants, he or she can protect it for up to 18 years. But in this Act algae, bacteria and fungi are excluded. As for the Integrated Circuit Topography if a new topography is developed it can be protected as intellectual property, but only if it is original and not a changed copy of another topography. It is also not important if the scheme has been embodied in an integrated circuit product or not.

Even a simple product like a bottle of Coke can be protected by multiple types of Intellectual Property protection. The formula is a Trade Secret, the shape of a bottle is protected by Industrial Design Protection, and the logo is protected by a Trade-Mark Protection. A complex product like a Personal Computer or any other electronic device will also include the Integrated Circuit Protection. So people who will try to illegally reproduce, imitate or launch a production even of a simple thing like soda bottles can be sued on multiple types of breaching intellectual property protection.