Posts Tagged ‘business’
How do firms safeguard their innovations?
The development of Ireland as a major smart economy, which has a thriving innovation-focused enterprise industry and high-quality employment, is a major focus of the government as one of the main ways in which Ireland can deliver economic growth, generate jobs and emerge from recession.
The history of Ireland’s “smart” revolution shows lots of samples of entrepreneurship coming from our universities as well as other higher educational institutions. IT firms such as Iona Technologies, born in Trinity College Dublin, are a wonderful example of how innovative technology can arise from collaborative efforts and commercialisation between universities and industry. More recent examples involve Beemune and Blue Box Sensors, both the result of the commercialisation of intellectual property and technology developed at NUI Maynooth.
Innovation is not limited to higher educational institutions: many organisations in the private sector are also focused on research and development (R&D) with a view to making innovative products and services that can be marketed. Any company linked to innovation will need to make sure that it is protected from unjust exploitation by other people. A company’s intellectual property may consist of both registered and unregistered rights.
Registered rights are legal rights granted on application to an official body, such as the Irish Patents Office. Unregistered rights happen automatically on creation and aren’t susceptible to any registration regime. The leading samples of registered rights are patents and trade marks. The main instances of unregistered rights are copyright and confidential information. Patents protect inventions that, among other things, are novel, involve an inventive step and are susceptible to industrial application. Examples include patents for new drugs or even for a new type of tea bag. In 1952, for example, Lipton patented a novel foursided tea bag. Trade marks are created primarily to safeguard a company’s brand names or logos. Examples include Vodafone and the slogan Intel Inside.
To safeguard its innovations, a business should consider contractual protections or “assignments” with its staff, contractors and third parties who are active in the company’s business and may therefore need access to, or be involved with developing, its intellectual property. On a practical basis, a business can separate its confidential information between employees and contractors so that no single employee or contractor has full knowledge of all the trade secrets needed to make the company’s products.
By creating a coherent tactic to deal with its intellectual property, a business is best placed to protect its innovations.
If you would like to learn more about Intellectual Property Law in Ireland then contact McCann FitzGerald. They are Ireland’s top legal adviser in developing intellectual property strategies.
Viacom, the world’s leading entertainment company, filed an appeal in early December against the US court’s ruling that the significant for-profit organization YouTube, under the parent company of Google, should not be held liable for copyright infringement. Viacom consists of BET Networks, MTV Networks, and Paramount pictures, as well as some of the world’s best known entertainment brands including MTV, VH1, CMT, Palladia, Logo, Nickelodeon, Nick at Nite, Nick Jr., TeenNick, Nicktoons, COMEDY CENTRAL, Spike TV, TV Land, BET, CENTRIC, AddictingGames, Atom, Neopets, Shockwave, and Paramount Pictures.
Viacom has been engaged in an off and on legal battle with YouTube for three years, and in June of 2010 Judge Louis Stanton sided with Google against Viacom’s 1 billion dollar lawsuit, agreeing that under the Digital Millennium Copyright Act’s (DMCA) Safe Harbor Provision, YouTube was neither directly or indirectly liable. Online service providers are protected from liability for information posted on their network by the Safe Harbors providing that they quickly remove or disable access to material that is identified by the copyright holder. The Safe Harbor Provision requires that the internet service provider must have no knowledge of, or financial benefit from illegal activity on its network. YouTube complies to remove material when notified by the copyright holder that it is unauthorized, and therefore the Judge found that they were protected by this law.
To say that YouTube unknowingly built its empire on copyright infringement is disputable. During the trial, evidence was unearthed of communication between YouTube’s founders, previous to Google buying the start-up, that indicated knowledge among the founders that much of the content posted and showcased on YouTube was copyrighted. There was a general awareness that much of the site’s traffic was attracted by copyrighted material, and there was an effort to grow numbers to the site through whatever means possible, including the exploitation of illegal content.
The final ruling of this appeal could have detrimental effects on artists in the entertainment business. The outcome of this case will set a standard for the business models of all online service provider networks. If the appeal is denied, YouTube will continue to profit off of Viacom’s enterprise, resulting in damage to the company and thus constraining the success of the artists and entertainers.
Copyright incentives are beneficial to artists and consumers alike, and YouTube’s copyright infringement stands to remove the benefit from the artists by causing them to struggle to generate revenue. Ineffective enforcement against copyright infringement or excessive burden on copyright owners- such as YouTube bypassing the affliction and great cost of monitoring copyrighted material on their network by obligating the victims of its infringement to do so under the guise of the DMCA Safe Harbors- causes the incentive to create new expression to dwindle. Artists and entertainers exist only by the value of the material they are able to create. When the ability to control the licensing of work is stripped from an artist, there is no way to place value on their material. With copyright incentives in place, artists are encouraged to create and society is able to benefit from the creation of new entertainment.
For more information or queries about Viacom please visit them at www.viacom.com
Viacom filed an appeal on Friday, December 3 against the US court’s ruling that the significant for-profit organization YouTube, owned by Google, should not be held liable for copyright infringement. Three years ago Viacom first sued Google under the claim that thousands of hours of copyrighted content had been posted on YouTube, but Google put forth the argument that YouTube had always adhered to takedown requests, and the judge ruled against Viacom. The current appeal relates to that ruling.
Considering that Viacom is the world’s leading entertainment company, it is no surprise that it would take issue with YouTube’s apparent conscious decision to exploit material resulting in copyright infringement. Consisting of BET Networks, MTV Networks, and Paramount Pictures, Viacom is also comprised of some of the world’s best known entertainment brands including MTV, VH1, CMT, Palladia, Logo, Nickelodeon, Nick at Nite, Nick Jr., TeenNick, Nictoons, COMEDY CENTRAL, Spike TV, TV Land, BET, CENTRIC, AddictingGames, Atom, Neopets, Shockwave, and Paramount Pictures.
In June, Judge Louis Stanton sided with Google, agreeing that under the Digital Millennium Copyright Act’s (DMCA) Safe Harbor Provision, YouTube was neither directly or indirectly liable. The Safe Harbor Provision protects online service providers from liability for information posted if they quickly remove or disable access to material that is identified by the copyright holder. Because YouTube hosts takedown requests to remove material when they are notified by the copyright holder that it is unauthorized, the Judge ruled that they fell underneath the blanket of this law. However, the Safe Harbor also states that the internet service provider must have no knowledge of, or financial benefit from encroaching activity on its network. In court, Viacom lawyers showed evidence of communication between YouTube’s founders, previous to Google buying the start-up, indicating that the founders were aware that much of the content on YouTube was copyrighted and enticing much of the site’s traffic, and furthermore they sought to monopolize on this fact to build viewership.
Viacom stands by its claim that YouTube has built a profitable business by way of exploiting other companies so as to improve itself and Google. Traffic to YouTube is constituted by showcasing unlicensed content on its network, and under the Safe Harbor Provision, YouTube shirks the burden and cost of monitoring copyrighted material onto the casualties of its infringement.
This is an important case as it will set the precedent for future internet service providers and court rulings, whether good or bad. In the copyright battle against YouTube, Viacom is continuing to be supported by a wide range of organizations, including Microsoft, CBS, The Associated Press, The National Football League, and The Newspaper Association of America, among others.
For more information or questions in regards to Viacom please go to www.viacom.com
One of the most frustrating parts of applying for a patent is finding out your application is rejected because the invention is already patented. By conducting proper searches ahead of filing your application, you can avoid this hassle, and the same applies to international patents. Conducting a worldwide patent search can be simple, but a more detailed search and analysis is easier conducted with the help of a California patent attorney.
As with any patent application, you need to make sure that the invention you are trying to patent is not already patented, or if you are improving upon an existing invention, that your improvement is different enough from the original patent. Even if you are only seeking to patent your invention in the U.S. you should still conduct a worldwide patent search to avoid international infringement issues.
Applicants that don’t follow the proper course of action and execute a full patent search are likely to have their applications rejected. Even those who have existing patents can get value out of performing thorough patent searches from time to time. This can help patent owners protect themselves from new patents that are too similar to their existing patented material.
A very basic search for patents can be carried out by just about anyone with an Internet connection. There are several websites that allow searchers to carry out complex patent searches. In fact, there are even patent search engines that can now facilitate the process. However, individuals that don’t have experience in performing complex worldwide patent searches may find the process overwhelming.
One of the main issues faced by those that attempt global patent searches online is the language barrier. Not all online patent resources have been translated into all languages. If you are an English speaker, you may not be able to translate patents that are available online in other languages. This is one area in which an experienced patent law firm can help. Many firms have people that are experts at translating patents from other languages.
A U.S. patent lawyer will help you conduct your worldwide patent search and review the results to determine your next course of action when filing your patent. Get Japanese help with your patent application and searches from Japanese patent lawyers.
A name trademark can be made for a slogan, name of a company or its products. The main role of the name trademark is that it represents a perfect identity to the company and its products. It is also called as trade name. The important feature of the trade name is that it should be distinct. The trade name will not be registered if it is alike or if sounds the same as the other mark.
The trademark search is carried out for the name that is to be trademarked through the Intellectual Property Official website were the search is performed. The registration process is made before the search is started. The registration is made in on-line or in the trademark office. The search fees is Rs 400/- for a single class. The client will receive a user name and a password to proceed with the search after the payment is made. The minimum time to perform the search is fifteen minutes after which the process will be logged off. The search will provide complete details of the trade name.
The user can make sure that he/she can register the name once the search is over. The registration is made by filing form 1 and 2 (for convention country) with a prescribed fee of Rs 2,500/- (Two Thousand Five Hundred Only). The form should be in triplet and the representation of the same should be made five in number. The name, address, nationality, state and country of the proprietor of the trade name should be mentioned in detail in the registration form. Incomplete will not be considered by the officials.
The name trademark which is registered in India may be granted, issued for examination or opposed. This can be viewed by visiting the above mentioned website, where the status of the trademark can be viewed by entering the application number of the trademark that was registered. A notification of the same will also be sent through letter by the patent office.
The name trademark that is registered in India can have the symbol “R” (for those who are the proprietor the trademark, it would be unlawful if a person who is not a proprietor uses such symbol) “TM” (can be used just to mention that he/she is a proprietor of the trademark, but its not unlawful to use)
The trademark attorney will register the name trademark and will follow procedures like registering a trademark, notify in case of opposition, prepare trademark responses and other legal information related to trademark or service mark.
Registered trademark can make the business of the proprietor as a secured one. The common person can rely upon the products that are registered as trademark. Even if there are other marks infringing that of yours, the registration of trademark will prevent from any fraudulent cases and thus prevent loss to your company and to your business.
Learn more about branding strategy. Stop by Ramaswami Natarajan’s site where you can find out all about IPR Courses in India.
