What Are the Most Common Forms of Intellectual Property?

Intellectual property (IP) refers to innovations of the mind, such as inventions, scholarly and creative works, patterns and marks, names and likenesses used in trade and business. All IP is protected by the various laws in existence locally, regionally nationally, and internationally. Laws exist for patents, trademarks, copyright, service marks, trade secrets and more.

What is a Patent?

A patent is an absolute right granted for an invention, which is a product or a method that provides, in general, a new way of doing something, or proposes a new specialized solution to a problem. To obtain a patent, methodological information about the invention must be revealed to the public in a patent application. The process for obtaining a patent is complex. If you are interested in obtaining a patent, you should first visit this website: The US Patent and Trademark Office. Once you have begun to understand this process and the associated laws you can apply for a patent. However, keep in mind this is a complex process and using an attorney specializing in patents would be the best avenue to use.

What is copyright?

Copyright is a legal term used to illustrate the rights that creators have over their literary and artistic works. Creations covered by copyright range from books, music, paintings, sculpture, films, computer programs, databases, advertisements, maps, technical drawings, and more. Copyright is not a complex IP to apply for and most people can easily complete a form and submit their work. Be sure to visit the Copyright Office online to learn everything you need to apply for a copyright, including fees, what to submit, etc: US Copyright Office.

What is a trademark?

A trademark is a sign which distinguishes between goods or services of one company from those of other companies. Trademarks are safeguarded by intellectual property rights. Trademark protection can be obtained through registration, by completing an application for registration via the trademark office and paying the required fees. The website is the same as for patents.

What is a Service Mark?

A service mark is a mark that distinguishes between services. Businesses use service marks to connect their services and differentiate them from other services in the same field. Service marks consist of letters, words, symbols, and other devices that help notify consumers about the origin or source of a particular service. Registration can be completed at the US Patent and Trademark Office.

What is a Trade Secret?

The Uniform Trade Secrets Act (“UTSA”) classifies a trade secret as: information, including a formula, pattern, compilation, program, device, method, technique, or process that produces independent economic value. These secrets are either tangible or impending, and generally are not known or easily discovered by other persons who might receive monetary value from its revelation or use; and is the focus of efforts that are logical under the conditions to preserve its secrecy. There are two basic situations in which acquiring the use of a trade secret is illegal. If a trade secret is acquired through illegal means or if through a breach of confidence then there is a legal standing for suit. Trade secrets may be obtained by lawful means such as private discovery, reverse engineering, and unintentional disclosure. The trade secret holder’s failure to take reasonable protective measures can allow this to occur. The misappropriation of trade secrets is considered a form of unfair competition. Reverse engineering is oftentimes restricted as found in computer programs.

What is Industrial Design?

An industrial design right is an intellectual property right that shields the visual design of objects that are not purely functional. An industrial design consists of the creation of a model, pattern or composition of a pattern or color, or permutation of a pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional prototype used to produce a product, industrial commodity or handicraft.

What is Trade Dress?

Trade dress is a legal term of art that generally refers to characteristics of the illustration of a product or its packaging or the design of a building that signifies the origination of the product to consumers.

What is Fair Use?

Fair use is any copying of copyrighted material done for a partial and that changes the purpose, such as to comment upon, disparage, or lampoon a copyrighted work. Such uses can be done without permission from the copyright owner. Fair use is a defense against a claim of copyright infringement.

Commentary and Criticism

If you are commenting upon or criticizing a copyrighted work a book review or any valid review, fair use principles allow you to replicate some of the work to accomplish your purposes.

These are the most common forms of intellectual property. If you decide that something you have created falls under one of the categories stated in this article, then you should look into registering the work or product. Be certain that what you are registering is not the same as what someone else has already registered.

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Choosing the Best Legal Service Provider

The legal service firm.Most of the giant law firms and the in house legal departments of huge enterprises have always been enjoying the benefits from legal service providers in India. However when it comes to hiring legal services, law firms in India are often confused about choosing the best law services provider who can meet their service requirements and expectations.

There are several fields you will need help from a professional services provider who has handled India patent issues previously like the problems in patent drafting India or issues with India corporate law. Apart from this the legal service provider chosen by you should also help in different legal services like trademark registration India, patent drafting India, design registration in India, company incorporation and several other legal services of India to name a few. Additionally the providers should also be equipped with the right staff that should include an Indian attorney, Indian lawyers and agents for other services.

Apart from this information, it is recommended that you ask the service providers several questions about their business in order to choose the best ones. Some of the questions you can ask are, ‘how long has your law firm been doing legal business in India, also ask them if they are a member of any local state or the national association, or find out about the legal professional they have worked with in the past and if the profession needs specific licensing or registration The most important information the client mist know is what kind of services the firm provides and the type pf lawyers they have staffed in the legal service firm.

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What Does a Notary Public Do and Why?

Notary Public is important to the legal system as many court documents must be notarized. A notary public is a person authorized by the Secretary of State to serve the public in non-contentious matters and has statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature. The main functions of a notary include:

· Attesting documents and certifying their due execution for use
· Preparing and certifying powers of attorney, wills, deeds, contracts and other legal documents
· Administering oaths
· Witnessing signatures to affidavits, statutory declarations, powers of attorney, contracts, and other documents
· Verifying documents
· Certifying copy documents
· Exemplifying official documents
· Notes and protests bills of exchange

A document is “notarized” with a special embossed notary seal to affirm that the signers are indeed who they say they are. Notaries Public affix their official seal or stamp, to documents immediately under, adjacent or as near as possible to their signatures.

The eligibility criteria for becoming a notary are determined by state law. Each state has its own requirements. Generally the person must be at least 18 years of age and either living or be employed in the state. There are no specific legal training requirements. Most states also require applicants to take and pass a proctored exam before practicing as a notary public. Some states ask that individuals secure a bond prior to applying for a position as a notary public. Once commissioned as a notary public, the commission is valid for a fixed term and must be renewed on expiry of the term. Most states prescribe the fees that a notary public can charge. A notary public must keep a record in a well-bound book of each of his or her attestations.

Notaries are expected to be familiar with the codes and ordinances applicable to notarizing documents and performing notary duties. A notary may be sued if his/her actions were negligent. Upon notification by a court of law that a notary has been convicted of false certification, the Secretary of State will revoke the notary’s commission. Errors and Omissions Insurance (commonly called E & O) is a form of liability insurance that protects the notary public from claims or suits that are the result of the notary’s negligent acts, errors or omissions.

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Learn About Your Civil Rights

When you need help, a civil rights attorney in Philadelphia will take care of your litigation needs. These rights are all about you and your legal rights whether your dispute involves education, housing, employment or lending. If you feel you have been discriminated against because of your gender, race, sexual orientation, age, religion or even a disability, your Philadelphia attorney will go to battle on your behalf.

Did you know there is a difference between civil liberties and civil rights? The Bill of Rights and the Constitution guarantee the right to certain freedoms which are broad-based kinds of rights and these are civil liberties. For instance, you’re right to vote, to marry, your right to privacy and freedom of speech to name a few. Civil rights are about the individual being treated as an equal among others.

Civil rights originate from laws that are regulated at the federal level of government either through decisions of the federal court or federal legislation. Civil rights also originate from states that pass their own laws involving civil rights. These are for the most part very similar to the federal level laws and even counties and cities can develop ordinances and laws related to these rights.

Philadelphia lawyers have a great deal of cases which involve people who have been discriminated due to their sexual orientation. This means that gay, lesbian, and bisexual people have been treated unfairly simply because of their sexual preference. There is currently a bill that many people are showing support for that, if passed into legislation, will make it illegal for people to publicly or privately discriminate against people because of their sexual orientation.

The right to be treated equally had a huge history with the African-American community seeing fair treatment in all aspects of society. Today the Philadelphia attorney is an outreach coordinator of Equality Advocates in basic fairness. If you feel you are suffering a violation of your civil rights, do not hesitate to contact your attorney and take advantage of their experience in protecting you and your rights in what are usually complicated and sensitive issues. It is not necessary to suffer in silence. Every individual has rights and these rights should be upheld.

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Canada & Australia Immigration – Tips to Get Your PR Visa Faster

It is very obvious that when you want to settle in vibrant countries like Canada or Australia, you are keen to have your visa processed at a faster pace. In case of the temporary visas, you can do nothing but depend upon the employer to complete his job related formalities. But, when it comes to processing of permanent residency visas, the ball is always in your court. Permanent resident visas of these countries are issued considering the points applicant can score under respective immigration system. These points are often affected by time, age, work experience, education, spouse skills etc., and these factors eventually effect the success of the visa application. To ensure that your process is smooth and at a faster pace, here are three most important tips to be followed.

Tip No. 1: Apply at the right time-
It may seem astonishing to read but time is certainly a crucial factor in PR visa application. Under the time factor, application can be affected in the following manners:

  • Age: At the time of your application, if you are young you are more successful. This is because these countries have a high demand for professionals who are young (preferably 18yrs-25 yrs). Hence, to settle in Canada or Australia by getting yourself a higher preference and also great career prospects, apply when you are in your most demanded age range.
  • Peak Months: According to research, the best time to apply for Australia immigration is in the months of February and July. These two months are considered peak time for submitting Australia immigration. It is said that often applications during these peak months are associated with higher success results.
  • Intake Periods: Several provinces or States migration programs of each country have specific intake periods of PNP/State nomination applications. Keeping the nomination applications ready before these intake periods often results in quicker intake, improving chances for a quick visa.

Tip No. 2: Boost your CRS Score-
You may be aware of the fact that Canada & Australia have an immigration system that operates through a points based structure. Candidate’s eligibility as well as success for an international permanent residency status majorly depends on how well he can score under the points based system. If you believe that your score is hindering the success of your application, here are some ways by which you can improve your points.

    • Improve qualification: To improve your score, the best and easiest thing you can do is improve your qualification. If you a graduate, a higher degree will eventually increase your score and preferences for selection. Likewise, any certification or diploma that boosts your nominated occupations will also be a good step towards a score improvement.
    • Enhance work experience: Highest work experience candidates get good points under Canada and Australia’s points based system. If you have a chance to improve your work experience before your application or while your application is in process, go ahead, work hard and update. This may eventually increase your score and chances for a quicker visa.
    • Re-attempt IELTS: To become an international permanent resident, applicants must prove their proficiency level in the English language. For this IELTS is mandatory. As an applicant, if your IELTS score is what is delaying the process or getting you less score, re-attempt your IELTS. The best suggestion for improved results is to go for an expert help in preparation for IELTS.
    • Include Partner Skills: If your spouse or common law partner is accompanying your immigration, it is best to include his/her skills in the application, provided that she/he is eligible. This is because PR visa applicants are allotted with additional points for partner skills and this eventually increases points.

Try State/Province Nomination: If you meet the eligibility requirements of a respective State or Province, applying for a State Nomination increase will increase your points and also boost your chance for quick visa success.

Tip No. 3: Get Expert Assistance-
Despite all your efforts, if you are still unable to fetch those great points to buck-up your process, then you may missing something that only an expert eye can catch. Get in touch with your city’s best immigration experts and get counseled about the aspects that will help you in your application. Since immigration experts are up-to date and have hands on experience in processing thousands of visa cases, they will help you analyze the loopholes of your case (if any) and show you ways towards a quicker success.

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Does the Age You Get Married Impact Divorce Rates?

There are many factors in a marriage that can cause or contribute to a divorce. The truth is, the causes for divorces in the United States, like relationships, are very complicated. Even though the divorce rate in America has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples do not make it until death do they part – one of which is the age they got married.

All Marriages Require Hard Work

Unfortunately marriages do not last based solely on personal chemistry or physical attraction. When you choose to get married, you are vowing to love your partner for better or worse. No one gets married expecting to divorce. However, studies have shown that variables such as age, income, employment status, and education have significant impacts on U.S. marriages.

How Age, Income, and Education Affect Divorce

According to The Institute for Family Studies the ideal age to get married is in your late twenties, but why? When you decide to get married at an older age, your odds of divorce decline because at this stage in your life you usually have a higher education, a more stable job and are more established financially. With a higher level of education, your potential to earn more money is greater. Couples who experience more tension in their marriage from things such as a lack of money and maturity, frequently find themselves turning what were just thoughts of divorce into a reality.

The Divorce Rate Is Dropping Thanks to Millennials

Younger Americans are waiting much longer to get married. The national median marriage age as of 2011 for a woman’s first marriage was 27 years old, and for men was 29 years old; the highest median marriage age in decades for men and the highest ever for women. In 2005 the national median marriage age for a woman’s first marriage was 25 and for men was 27.

Many young folks have decided not to get married at all and choose instead other arrangements. It is much more common now, and many consider it more convenient, to move in with his or her partner without having to worry about the social pressures from society to get married first. With the average divorce happening about 12 years in to the marriage, we will have to wait and see if this recent generation of newlyweds will continue to keep their vows.

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Even If There Is No Will There Can Be Probate

The word ‘probate’ originated from the Latin word ‘provar’ that means to prove. Probate is the process of establishing the authenticity of a will by the court of law. Will is a legal document that explains how a person’s property will be distributed after his/her death. Over the years, probate has taken wider meaning and is administered by the court of law.

The probate courts want to ensure the authenticity, i.e. the will claimed is originally prepared by the decedent without any pressure. It assumes there could be potential challenges to the validity of a will and hence gives proper time to contest for the same. If a decedent owe money to his/her creditors, court provide opportunity to claim for the same and if proven that has to be paid from the mentioned property/properties on the decedent’s will. The probate occurs in appropriate court in the state where the decedent permanently living at the time of death. In some of the states, courts empowered to carry probate process are simply called probate courts. However, some states refer these courts with different names, as in New York it is known as Surrogate court.

There are basically two purposes to have probate courts in the country. One is to transfer the title of decedent’s property to his or her beneficiary. And second is to pay the due taxes, if any.Every will has an executor name whose function is to marshal out the process of probate and to ensure that everything goes in accordance with the will. If the name of executor is not mentioned in the will court can appoint one for the same purpose. And if there is no will court appoints an estate administrator for the purpose.

There is a provision in some states of properties being automatically transferred to the spouse, if any, without the probate process. But the states that do not allow automatic transfer of property requires probate process for the transfer of title, even if there is no valid will.

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The Do’s and Don’t of Workplace Injury Claims

When an employee is injured while on the clock, they have the option of accepting workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred as a result of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, and more. If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery.

If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love. Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Here’s What You Should Not Do:

Do not hide your injury or fail to report it.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain in order to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions.

Here’s What You SHOULD Do:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats in regards to your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of a licensed personal injury lawyer.

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Finding a Tax Attorney is Easier Than You Think, With These Tips!

In times such as these, it is not uncommon for us to develop tax issues. With such problems arising, it increases the need to hire the services of a tax lawyer. Whichever area of the United States you live in-let’s say, Pennsylvania-you’ll be on the hunt for an attorney. In our example, it might be a Philadelphia tax lawyer.

The first thing you should do is start looking in resources to gather a list of candidates. The Internet is a wonderful place to search, as many professionals keep websites with their portfolio and contact information. Doing a simple search in Google, such as *your state/city* IRS tax attorney will yield plenty of results for you to add to your list.

The main thing is that you sort through the attorneys based on your needs. If you require a criminal tax attorney, you should try to weed through the rest so that you aren’t wasting your time interviewing attorneys who will likely say they can’t help you.

You can also ask around. A member of your family, a friend, or a colleague may have used a specific attorney in the past. Recommendations are helpful. You can easily tell if the potential candidate is a good one.

It is imperative that you meet the attorneys on your list. You may want to begin by calling them on the phone, and that is fine. However, a face to face meeting is always better. You can see how the two of you will get along.

You will also be able to see firsthand how these lawyers answer your questions. To that end, you need to ask a lot of questions. You should not be shy about this.

First of all, you have got to inquire about every lawyer’s qualifications. You want to know what schools they went to and how much experience they have. If any of the lawyers on your list have worked for the IRS, that is a plus. At the very least, the lawyer you ultimately choose should have experience in accounting.

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DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

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