Articles on Legal Matters:

Difference between Copyright, Trademark and Patent

If you've ever had a great idea for a new gadget, written the next great American novel, or given a great speech, you probably have wondered how to keep others from stealing your ideas. There are three main types of ownership protection to choose from, and each type is used for a specific type of work.

Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is © , and in some jurisdictions may alternatively be written as either (c) or (C).

Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs. Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions.

A trademark, trade mark, ™ or ® is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. A trademark is a type of industrial property which is distinct from other forms of intellectual property. Conventionally, a trademark comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, particularly the well known characteristics of celebrities. Such trademarks can be a style of haircut (Elvis Presley's distinctive ducktail), articles of clothing or accessories (Liberace's flamboyant costumes and jewelry or Elton John's oversized sunglasses), facial hair (Groucho Marx's mustache), or even breast size (Dolly Parton and Pamela Anderson).

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

The exclusive right granted to a patentee in most countries is the right to prevent or exclude others from making, using, selling, offering to sell or importing the claimed invention.

The rights given to the patentee do not include the right to make, use, or sell the invention themselves. The patentee may have to comply with other laws and regulations to make use of the claimed invention. So, for example, a pharmaceutical company may obtain a patent on a new drug but will be unable to market the drug without regulatory approval, or an inventor may patent an improvement to a particular type of laser, but be unable to make or sell the new design without a license from the owner of an earlier broader patent covering lasers of that type.

Find more about Trademark and Patent at http://www.ShoppingSoLow.com .

Vinay choubey
03 Dec 2006

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7 Steps to finding the Perfect Lawyer

It is your life we are talking about. Make sure that you take every necessary step to find the right lawyer for your needs. It is very hard to do this, though, with all the ads flying at you, the people soliciting you, and all the negative things that you hear about lawyers these days. But, the fact of the matter is that you can find the right lawyer and not all of them are that bad. Believe it or not, some actually get into this career not to make millions or to beat the drug companies. Some actually really want to help you. Here are some of the things to look for in your lawyer. Take these steps to find the perfect lawyer for the job.

· Find a lawyer that specializes in your field. This is important because you will want someone not only that knows how to handle a case like yours, but also one that will be up to date on the latest rulings and the latest procedures for your case. This simple thing can really make a large difference. Many lawyers have one or two specialties and then do other things as well. If you find one that specializes in your needs, say traffic violations or divorce, you are likely to be able to count on them to know more about how to handle your case than someone who specializes in business proposals.

· To find a lawyer that you can trust, look towards your local Bar Association for recommendations on someone. Not everyone has a lawyer on retainer so it helps to know that someone out there is recommending the one that you are choosing. If you feel that you can, ask friends and family about their recommendations as well.

· Once you find a few names to consider, make sure that you know about them. You can check on their relevant experience and their record for cases like yours. While this will not tell you just whether your lawyer will win your case or not, it is safe to say that it will give you some idea of his or her skills nonetheless.

· Consider how well the lawyer will be dedicated to your case. You can judge this by what he or she tells you and by how well they work with you. Will they meet the deadlines? Do they return your calls? Can you trust them to be on time for appointments? Ask them how much time they will devote to your case and how many other cases they are handling at the time. You need to know their dedication to your personal needs.

· Perform an interview with the lawyer. Ask them the questions that we talked about. But, if at all possible make it an in person interview. This will help you to feel out the lawyer. Ask them about how they will handle your case and what they can do for you to make sure that you win your battle. An experienced lawyer should be able to tell you step by step what will happen, when it will happen and why it happens.

· Let's face it. We can not all have the best lawyers out there. It is important to compare retainer fees. While you may be under the impression that you need the best lawyer out there, you simply may not be able to afford him or her. Instead of worrying about this though, consider instead what the lawyer's record is and how well he can do his job for the amount of money he will charge you.

· Lastly, it is important to choose a lawyer that you trust. While this can be something that many people don't understand, if you do not feel comfortable with a lawyer, you shouldn't work with them. It makes sense that you should be able to talk to them easily and tell them the who's, the what's, and the why's of your case. You should be able to provide him with what he needs to know. Trusting your lawyer will also help you to relax and to relieve some of your own stress.

The perfect lawyer? Is there really one of those out there? There is that one lawyer that you will be proud to call your own. When you take the time to make sure that the lawyer that you have chosen is a good one, you can be sure that your case, your life is safe and secure in their capable hands.

Michael Lewis
11 Dec 2006

Michael Lewis is an editor at Lawyer-Map.com where you can find more articles about finding a good attorney.

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Intellectual Property

Over the course of humanity, every discovery has yielded more questions as we continue to explore new territory. As we continue to explore the frontier known as cyberspace, and discover new ways to use the medium, we are opened up to more ethical dilemmas and questions. Intellectual property has always been a thorny issue. The internet however raises new problems for businesses and individuals seeking to protect their intellectual property. With the easy access to information, protecting your IP is a virtual minefield.

What is Intellectual Property? Intellectual property (IP) is subject matter that is a product of the intellect or mind. The term however, actually refers to the legal entitlements that are attached to intangible ideas, concepts, and certain types of information in their expressed form. In example, a book or movie is the expression of creative and artistic work and Intellectual Property would provide the copyright holder exclusive rights for a period of time to control the reproduction and adaptation of that work. Copyrights, patents, trademarks and industrial designs are all examples of intangible subject matter. An often overlooked intangible is trade secrets. Trade secrets can be protected under Intellectual Property.

Intellectual Property is a valuable business asset which can be leveraged in the marketplace to as a competitive advantage. An IP audit can help you to determine what hidden assets you may have in your business. Many firms will send you an IP audit checklist which has a series of questions designed to uncover valuable business assets. Once you have uncovered your IP, you should take steps to protect it.

Ensure that you own the rights. In today’s world, many businesses outsource functions which are not their core competency. Paying to have something created does not grant you ownership. You may have paid an outside contractor to develop a sophisticated software program, or a graphic designer to revamp your logo or even a writer to develop your marketing collateral. When hiring outside firms to create something for you, you should always use a Work for Hire Agreement. Standard agreements are widely available. A Work for Hire Agreement basically transfers all rights from the creator to the payer.

Don’t forget your employees. Many organizations have their employees sign employment contracts which stipulate that any work created for the company belongs to the company. It is similar to a work for hire agreement with independent contractors in that the rights belong to the organization and not the individual. You are paying the employees to create the work on your behalf.

Protect your inventions. If you have invented a business method, process or other patentable invention you need to take steps to protect it. It is advisable to refrain from selling a patentable invention until you have taken the necessary steps to protect your rights. Filing a patent application is expensive and is something that should be done by an attorney specializing in patent law. If you are a new business, there are interim steps that you can take that will offer you protection until you have the cash to file the patent application. File an Invention Disclosure Document. This document can be purchased for about $10.00 and when filed with the United States Patents & Trademarks Office will protect some of your rights for approximately two years. You can also document your invention in an invention diary or something similar and mail it to yourself via the United States Postal Service. It is important to use the US mail system rather than an outside carrier such as FedEx, or DHL. The post office is a federal agency and will be accepted by the Patents and Trademarks Office. Once you receive the package, do not open it - store it in a safe place until you are ready to take the next steps.

Notify others of your rights. If you have created written works or other information which falls within copyright laws, use the copyright symbol, which is the C within a circle. This can be followed by the year the work was created and your organization’s name. An R within a circle indicates a registered trademark and should not be used unless you have in fact registered the item (i.e. logos, brand name). However, you can use TM (trademark) or SM (service mark) next to your name or logo. This will deter others from stealing your work. Additionally, if your internal or external contractors are creating software for you, have them embed footprints in the code to protect you in the event that someone steals your software. The footprints are identifiable information that can be used to prove that you created the software.

While you want to share your IP with the public to drive business, it is equally important to take the necessary steps to protect this valuable asset.

Richard A. Hall
27 Jan 2007

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

http://www.lextech.us/