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- What is Intellectual Property?
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What advice and help did LCAN offer?
LCAN, the Law Careers Advice Network, primar aims was to promote and enhance understanding in the student population in schools, further and higher education institutions about the opportunities available to those who wish to pursue a career in law.
What is Intellectual Property?
Intellectual property (IP) are legal property rights over creations of the mind, both artistic and commercial, and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical,literary, and artistic works; ideas, discoveries and inventions; words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets.
What is a copyright?
Copyright gives the creator of an original work, exclusive rights for a certain time period in relation to that work, including its publication,distribution and adaptation after when the work is said to enter the public domain. Copyright applies to any expressible form of an idea or information that is substantive and discrete. Copyright has been
internationally standardized, lasting between fifty to a hundred years from the author's death, or a shorter period for anonymous or corporate authorship. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions.
Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the author's exclusivity of copyright, and giving users certain rights. The development of the Internet, digital media, and computer network technologies, such as peer-to-peer file sharing, have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great economic dependence upon copyright have advocated the extension and expansion of their copyrights, and sought additional legal and technological enforcement.
What is a patent?
A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a limited period of time in exchange for a disclosure of an invention.
The procedure for granting patents, the requirements placed on the patentee and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must be new, inventive, and useful or industrially applicable. In many countries, certain subject areas are excluded from patents, such as business methods and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.
What is a trademark?
A trademark, identified by the symbols ™ (not yet registered) and ? (registered), is a distinctive sign or indicator used by an individual, business organization or other legal entity to identify that the products and/or services to consumers with which the trademark appears to originate from a unique source, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically 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 owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
When a trademark is used in relation to services rather than products,it may sometimes be called a service mark, particularly in the United States.
What is a design right?
Design right is a sui generis intellectual property right in British law. There are two types of design rights: the registered design right (Registered Design Act 1949) and the unregistered design right.
The unregistered design right is similar to copyright in that it subsists automatically when a new design is created. However, its length is much more limited, since it only lasts for 15 years. It was introduced into British law by the Copyright, Designs and Patents Act 1988 (the 1988 Act).
Design right protects the shape of a three dimensional design. It subsists if the design is recorded on paper, or if an article has been made according to that design. It does not subsist in designs made before the commencement of part of the 1988 Act relevant to design right. It has rules on qualification for protection by both citizenship of the designer and place of the designing. Qualifying countries include the United Kingdom, the rest of the European Economic Area and British overseas territories.
Design right does not subsist in parts of a design necessary to connect to another article, to surface decoration, to methods and principles of construction or to those parts of a design which are dependent on the appearance of another article, where that article and the article that design right applies to is an integral part of the second article. Design right also does not apply if a design is not original, and a design is defined as not being original if the object so designed is commonplace in the field when designed.
Its aim is to provide clients with the highest quality legal services in a co-ordinated, efficient and cost effective way in each country where a member firm maintains an office.
Clients involved in multi-national business transactions will work with a team of lawyers who, although from different countries, provide complementary legal expertise and a common approach to achieving clients'commercial objectives in the most cost-effective manner.
How much does a solicitor charge for " Intellectual Property" Service?
Specialist legal professionals are engaged for contentious matters on the basis of a conditional fee agreement on a No-Success-No-Fee basis. The commission rates vary depending on different criteria. Higher the subject matter of the suit/claim, the lesser the commission. Kindly also take a look at the terms of the No-Success-No-Fee agreement for an overview of the broad terms on which lawyers suggested by us can be engaged for contentious matters. Applicable charges will be finalized after a preliminary assessment of your claims. Lawyers engaged by us may also advise you to take out a litigation protection insurance policy to protect you against any other potential costs. On being successful in a contentious matter, a commission is charged. We have access to database of free personal injury solicitors that are willing to do it. The contentious and non-contentious web managed services offered by us costs nothing other than what is finalised after a preliminary assessment of the facts for the services sought from us. We do however charge additionally per personal phone calls and personal visits and conversation with our representatives and/or solicitors engaged by us post the preliminary assessment of the matter.
What does No-Win-No-Fee actually mean?
It means that if you are not successful with your claim, you will not have to pay anything.
What is Intellectual Property?
Legal action can be expensive. You may be able to get help with legal costs from, for example:
•a conditional fee agreement
•an insurance policy.
What is a No-Success-No-Fee Agreement agreement?
A no success no fee agreement means that your solicitor will receive no fees if you lose your case. If you win your case, your solicitor's fees and expenses will normally be paid by the other side. In certain circumstances you may, however, be required to pay the legal fees and expenses of the other side. Lawyers engaged by us will normally ask you to take out insurance to cover this situation.
Will I have to pay a fee if I win my claim?
The other side's Insurance Company will pay your cheque for damages if you win your case. In addition to this, they will also pay all of your solicitor's costs. In essence it means that you will not have to pay anything for your claim. There are certain circumstances, where costs may be borne by you. However, our case worker can explain this to you prior to starting your claim and this only occurs in limited situations.
Why instruct us?
- We believe our working philosophy sets us apart from other City law firms.
- We appreciate that the personal relationship between client and lawyer is fundamental.
- We adopt a flexible and pro-active approach to working with our clients, and our lawyers are available whenever we are needed.