Intellectual Property – Patentability Of Computer Programmes - Exclusions
Posted on April 18, 2008 - Filed Under Legal and Law | Leave a Comment
In the recent judgment of Re Shopalotto.com (2005), the Comptroller refused a patent application for a computer programme that permitted a user to play the lottery on the grounds that it was excluded from patentability under the provisions of the Patents Act 1977.
Shopalotto.com applied for a patent of a computer apparatus configured to provide a lottery playable via the Internet. The apparatus provided a web server and further software conditioning the machine to receive, store, select and compare. This enabled the computer to operate in a new way—to permit a user to play the lottery. The application was rejected and Shopalotto.com appealed this decision.
Read More..>>Myths About Copyright
Posted on April 10, 2008 - Filed Under Legal and Law | Leave a Comment
Beware of these myths about copyrighted materials:
If it doesn’t have a copyright notice, it’s not copyrighted.
That use to be correct. However, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.
If I don’t charge for it, it’s not a violation.
Wrong again. It is a violation if you copy and give copyrighted works away. There are serious penalties and damages awarded if you hurt the commercial value of the property when giving it away.
What Is U.s. Copyright Law?
Posted on April 8, 2008 - Filed Under Legal and Law | Leave a Comment
The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer.
Read More..>>Public Domain
Posted on March 27, 2008 - Filed Under Legal and Law | Leave a Comment
Pronunciation: ‘publik dow’meyn
Definition: [noun] property rights that are held by the public at large
(Public Domain) The total absence of copyright protection. If something is “in the public domain” then anyone can copy it or use it in any way they wish. The author has none of the exclusive rights which apply to a copyright work.
The phrase “public domain” is often used incorrectly to refer to freeware or shareware (software which is copyrighted but is distributed without (advance) payment). Public domain means no copyright — no exclusive rights. In fact the phrase “public domain” has no legal status at all in the UK.
Read More..>>Landmark Ruling In Trade Mark Case - Test For Invalidity
Posted on March 24, 2008 - Filed Under Legal and Law | Leave a Comment
In Special Effects Limited v L’Oreal & International Trademark Association (Intervener) [2007] EWCA Civ 1, the Court of Appeal overturned the decision of the Chancery Division of the High Court. The case concerned an opposition to a trade mark registration. The Court in the first instance held that there was no relevant difference between the practice and procedure of the Trade Mark Registry in opposition proceedings under s 38(2) of the Trade Marks Act 1994 and invalidity proceedings under s 47(1) of the Act. The issues in dispute in the two sets of proceedings were identical.
First Instance Decision
Read More..>>How To Give Notice Of Copyright On Your Works
Posted on March 17, 2008 - Filed Under Legal and Law | Leave a Comment
The use of a copyright notice is no longer required under U. S. law, but you should still give notice whenever possible. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
Under the 1976 Copyright Act, creators of covered works were required to give notice of copyright on the work in question. This requirement was eliminated when the United States signed onto the Berne Convention in March 1989.
Read More..>>Copyright Protection Of Databases
Posted on March 17, 2008 - Filed Under Legal and Law | Leave a Comment
Copyright law is covered by the Copyright Act of 1976, codified at 17 USC s 101 et seq. Some pertinent sections include, Sections 101, 102 and 103. Section 101 defines “compilation” as: “A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship”. Section 102(b) provides: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.” Section 103 limits the protection of a compilation to the author’s original contributions and not the facts or information conveyed.
Read More..>>Copyright Law And Legal Protection Of Your Work
Posted on March 10, 2008 - Filed Under Legal and Law | Leave a Comment
Copyright law is a means of securing legal protection of your ownership of a publication or another type of intellectual property, such as a website or a blog. If you publish a book and sign a contract with a publisher, you normally agree to relinquish all rights to the work until a certain condition is met. This can be a length of time, in which case you will start to earn royalties after your book has been in print for a certain number of months. It can also be a price, which would be the total royalties that your book must earn before you start getting paid. This price is normally your publishing advance, so when your book has made more than your advance, you start earning royalties.
Read More..>>Trade Mark - Interpretation Of Directive - Trade Mark Refusal
Posted on March 7, 2008 - Filed Under Legal and Law | Leave a Comment
The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the interpretation of First Council Directive (EEC) 89/104 in the refusal of a trade mark registration. BVBA Management, Training en Consultancy (“MT&C”) filed an application with the Benelux trade mark office (“the Trade Mark Office”) for registration of the word mark ‘The Kitchen Company’ as a trade mark in respect of classes 11, 20 and 21, and for certain services in classes 37 and 42.
Read More..>>How To Protect What You Create With A Copyright
Posted on March 4, 2008 - Filed Under Legal and Law | Leave a Comment
In the United States there are millions of people every year who create original music, research, or write books and other forms of creative expression. These are covered by the term intellectual property and are given protection under copyright laws. If you are a publisher, writer, or editor it is crucial that you are knowledgeable about copyright issues more than ever. With the Internet there has been an enormous increase in counterfeiting and pirating of books, music, and other intellectual property. A report last year from the World Customs Organization indicated over a half a billion dollars in counterfeit and pirated products were put in the marketplace globally in 2005.
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