Thứ Tư, 20 tháng 9, 2017

What is a typical strategy for filing software patent applications worldwide?

BY Mini Kids IN , , , , No comments

If you want to patent your software worldwide, you have a lot of filing ahead of you. Generally speaking, the filing needs to be done in a relatively timely manner too, so missing deadlines happens routinely. I would suggest consulting with an intellectual property (IP) attorney who can help you meet all of the necessary requirements because they can be tricky.

Filing with the patent cooperation treaty (PCT) really will only give you an opinion as to whether your software can be patented in the countries that signed the treaty. This can be helpful because searching all of the countries on your own would be troublesome. However, after the search, you will still be without a patent.

So, if you file with the PCT for an opinion first, you will still be left with all of the actual patent filing to do. You will then need to file for any foreign patents that you wish to obtain. Each patent will have separate requirements.

Again, my suggested strategy would be to consult with an attorney. An experienced intellectual property attorney will be able to search for any conflicting patents and will also be able to file your patent applications for you. You will have to pay your attorney a fee, though, and I know that this is not ideal. But, it is possible to save money on attorney fees.

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Actively Review and Cut-off Unnecessary Business Conditions

BY Mini Kids No comments

Vietnam Prime Minister Nguyen Xuan Phuc asked the Ministries to research, actively self-review to amend or proposed modifications, cutting business conditions which are not reasonable and unnecessary.
On August 22nd 2017 , under the chairmanship of Prime Minister Nguyen Xuan Phuc, the Government held a legislative session to give comments on the draft law on competition (revised); the draft law amending and supplementing some articles of the law on environmental protection tax; draft law on administrative unit and special economic zones; discuss on the report synthesizing the results of reviews and proposals of ministries and agencies on the drafting of laws to amend and supplement the laws relating to land, construction, housing, business and planning…

According to the Ministry of Planning and Investment, there are still 4,284 business investment requirements and conditions in 243 industries under the management of 15 ministries, which are regulated in 237 legal normative documents. The Ministry of Planning and Investment proposes to abolish all or part of the business investment conditions in finance, location, production capacity, human resources, business methods, planning…
Vietnam Chamber of Commerce and Industry (VCCI) has proposed to abolish 96 conditions of business and amend 13 conditions in 3 sectors: industry, transportation, science and technology.
Regarding the draft law on special administrative and economic units aim to create legal bases for the establishment, development, management and operation of 3 special zones namely Van Don (Quang Ninh), North Van Phong (Khanh Hoa) and Phu Quoc (Kien Giang).
In terms of the draft law amending and supplementing a number of articles of the Law on Environmental Protection Tax, the Prime Minister emphasized that the role of amending and supplementing this law in the context that environmental regulations violation is complicated. complex. According to the Ministry of Finance – the drafting agency, the current environmental protection tax policy has revealed some obstacles that need to be finalized in order to ensure that this is an important economic tool, contributing to limiting the production and use of goods that pollute the environment, encouraging the use of environmentally friendly goods towards sustainable development.
Commenting on the draft Law on Competition, the Prime Minister said that the Ministry of Industry and Trade should thoroughly review the unfair competition practices so as not to overlap with other laws.

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Thứ Tư, 13 tháng 9, 2017

What Are Trademark Classes?

BY Mini Kids IN , , , No comments

A trademark class is a category in which a trademark is put into. Each class covers certain similar goods or services which the trademark covers. For example, class 25 covers clothing. If you apply for a trademark and tell the trademark office that your trademark will be used to represent shirts, for example, your trademark will be put into class 25. You can potentially get a trademark for a name that someone already has a trademark for, if you apply for a different class.
When you apply for a trademark, you need to tell the trademark office what goods or services this trademark will represent. For Before reading further, make sure you understand the basics of what a trademark is. You should know what it means that a trademark acts as an identifier of source. To get the 101 on trademarks, read What is a Trademark? first.
example, Coke will tell the trademark office that the Coca-Cola trademark will be used to represent soft drinks. When people see Coca-Cola on soft drinks, Coke wants people to know that the soft drink was made by Coca-Cola. When approved, Coke’s trademark will prevent people from using the Coca-Cola name on soft drinks, and anything that is similar to soft drinks. This is because soft drinks was indicated on Coke’s trademark application. If someone uses the name Coca-Cola on a completely unrelated product, bookshelves for example, they may be able to do so since bookshelves are quite different from soft drinks.
When the trademark office looked at Coke’s trademark application for Coca-Cola, they put the trademark into class 32 which is the class for most beverages. This is because when Coke applied for the trademark, they told the trademark office the trademark will be used to represent soft drinks and the trademark office knew to put the application into class 32. Now that they have their trademark approved and put into class 32, the class can help others determine how much protection the trademark covers. Generally speaking, if Coke has a trademark in class 32, you likely cannot use their trademark with any product that is also in class 32. For example, you likely cannot use Coca-Cola to sell juices. Further, if you applied for the trademark Coca-Cola to try and represent any product in class 32, such as juices for example, you likely will be rejected. This is because Coke already has a trademark for Coca-Cola in class 32, and you are trying to apply for the same name to represent goods in the same class Coke already is in.
Generally speaking again, if you were to apply for the same name in a different class, you may be able to get a trademark. Let’s look at an example with the name “Dove”:

You can see above that there is a Dove soap and there is also a Dove Chocolate, trademarks owned by two separate companies. The simple explanation as to why they can both own trademarks for Dove is because they have applied for trademarks in different classes. Dove owned by Mars is in class 30 for chocolates, whereas Dove owned by Unilever is in class 3 for soaps.
However, there is a longer explanation. The real reason that both companies can each own a trademark for Dove is not necessarily because they have applied for goods that are in different classes, but rather because the trademark office believes that people buying Dove chocolate will not be confused and think that the chocolate was made by the company that makes soap. Vice versa, the trademark office believes that people buying Dove soap will not think the soap was made by the company that makes chocolate. The key is that the trademark office is convinced that there is no likelihood to cause confusion by both companies each having the trademark for the name Dove. In other words, the main reason Dove chocolate and Dove soap can both exist is because the trademark office considers chocolate and soap different enough that people will not be confused as to which company is making each. It just so happens that chocolate and soap are in different classes, which is usually true when two trademarks of the same name coexist, but not always.
Building on this concept, it is possible for two people to have the same trademark and coexist in the same class. Conversely, it is possible to apply for a trademark that already exists in one class, but file it in a different class and get rejected. It all comes down to whether the trademark office thinks the goods and services that are represented by the two marks are likely to cause confusion with buyers. For example, Coke has a trademark Coca-Cola for sodas in class 32. Tea drinks are actually part of a different class, class 30 which is the class for tea and coffee. If you were to apply for a trademark for Coca-Cola in class 30 for tea, do you think you would be approved? The answer is likely not. Because tea and soft drinks are both drinks, it is likely for buyers to be confused if you have a trademark for Coca-Cola in class 30 and Coke has one for class 32. If you label your tea as Coca-Cola, buyers will not be sure whether the tea was made by you, or by Coke, and thus confused as to who made it. In this example, even though you are applying in a different class than an existing trademark of the same name, you are likely to be rejected. In an example of the reverse, if you are applying for a mark in a class where another same mark already exists, you could still get approved if you can convince the trademark office that the goods you are selling are so different from the goods of the other mark in the same class that there would be no confusion to buyers. However, this is generally difficult since the trademark class system has been designed so that similar products and services are put into the same class.
So let’s think strategy. Let’s say you start a company called Widget and you will sell sodas and teas. You want to prevent others from also selling sodas and teas by the name of Widget. Should you apply for sodas in class 32 or teas in class 30? The answer, is for best protection you should apply for both. If you have one trademark for sodas in class 32 and another for teas in class 30, you ensure that both teas and sodas are covered. Filing in both classes, however, requires double the fees. The trademark office charges for each different class you file in. You may say well let me just file in class 32 for sodas only, I should be fine since you said earlier if someone else files for the same name in class 30 for teas they likely would be rejected by the trademark office since teas and sodas are so similar. This may be true, but do you want to risk it? If someone can make a convincing argument to the trademark office that the teas they sell will not cause buyers to be confused with the sodas you sell, they may get the trademark for teas in class 30. Therefore, to be safe, the best way is to file for both class 32 and class 30, and pay double the fees needed to do so. This is how the major corporations do it. They will cover many classes to ensure that people cannot use their trademark name on practically any good or service. As of this writing, Coke has 61 trademarks for Coca-Cola and similar variations, spanning multiple classes.
There are 45 total trademark classes. When you apply for a trademark application, you will indicate what goods and services your trademark will represent. The trademark office will then compare your trademark to similar trademarks and make a subjective decision as to whether your mark and what it represents is likely to cause confusion with another mark and what that mark represents. If the trademark office thinks there is no likelihood to cause confusion, they will approve. otherwise, they will reject and you have an opportunity to argue back for approval. There is no guarantee that a trademark application will be approved as whether you are likely to cause confusion with another mark is a subjective determination made by an examiner at the trademark office. This is true even if nobody has the exact same name you are applying for. The only way to get a trademark is to apply and wait for a decision by the trademark office. To maximize your chances of approval, however, you should apply for trademarks that are as different from existing trademarks as possible, and list goods and services that are as different as possible from the goods and services of existing trademarks. You also don’t get your money back if your application is rejected or filed improperly, so best file it properly the first time around.

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Thứ Hai, 11 tháng 9, 2017

Google’s Book Scanning and Copyright Laws

BY Mini Kids No comments

As you may know, Google is making an effort to scan every book in the world. The goal is to create a giant online database of every book that can be searched. One small problem is the fact that Google is violating copyright laws.

Copyright
Google argues its book database doesn’t violate copyright laws. The company suggests it only shows short passages and accompanies the text with ads showcasing where the full books can be purchased. Of course, the ads are Google Adwords from which the company makes a tidy profit.

On Tuesday, the search goliath rolled out stand-alone book search services in 14 countries. The same day, the Text and Academic Authors Association (TAA) became the latest publishers' organization to call Google's opt-out strategy backwards.

Authors, Publishers and publishing associations are not happy. While Google only publishes the full text of books in the public domain, it is still copying entire books for which it has no permission. Google claims it can do this because the books are being scanned from versions owned by public libraries. Fearing an avalanche of lawsuits, Google backed off.

In August, Google stopped scanning copyrighted books in public library collections. At the same time, it gave publishers the right to submit lists of books the publishers didn’t want scanned. As you can image, publishers still aren’t happy.

The Arrogance of Google
Once viewed as the underdog to giants such as Microsoft, Google continues to act like the local school bully. In this case, the company has taken such an arrogant approach that lawsuits are inevitable. Google is going to take a beating in the lawsuits and here is why.

Consider the neighborhood you live in. What if a local crime syndicate informed every household it was going to steal everything in each household. Undoubtedly, there would be calls of outrage. In response, what if the crime syndicate then suggested you could send a list of items in your house that you didn’t want stolen? This is exactly what Google is doing.

Google’s decision to scan every book in the world is idealistic, but laughably simple minded. At a time when the recording industry is suing teenagers for file swapping, one would think Google would get a clue.

Author:Richard A. Chapo
Source: Articlecity.com


Thứ Tư, 6 tháng 9, 2017

Propose to Remove Nearly 2,000 Business Conditions

BY Mini Kids No comments

The Ministry of Planning and Investment has proposed to remove nearly 2,000 business conditions from ministries and sectors that are thought to cause difficulties and obstacles for businesses.
According to the report of the Ministry of Planning and Investment submitted to the Government, this agency proposed to remove 1,930 requirements and conditions on business that are considered as sublicenses hinder business for a long time. Of these, the Ministry proposed removing all or part of 302 financial conditions. In addition, 85 business conditions on location and 1,336 conditions on production capacity, 127 conditions on business methods, 80 conditions on planning… are proposed to be abandoned entirely.
In addition, other business conditions related to human resources issues (except for some professions that require professional qualifications and experiences such as doctor and auditor) and some conditions with inappropriate contents, the Ministry also recommends the abolition of all or part.
According to the report of the Central Institute for Economic Management (CIEM), there are about 4,284 business conditions, corresponding with 243 conditional investment businesses. Of these, the Ministry of Industry and Trade has the highest number of business conditions with 1,152 conditions; next is the Ministry of Agriculture and Rural Development, Ministry of Health…
Most of these business conditions are creating unreasonable barriers to investment, entry into the market, limiting the number of newly registered businesses, increasing production costs, discouraging businesses.
Moreover, business conditions also reduce market competition, productivity and competitiveness of the economy. Businesses also face with many risks in the process of operation when many business conditions are unclear, creating opportunities for the arbitrariness of state management agencies and the harassment of officials… These effects are going backwards and hinder the Government’s resolve to improve the business environment and cut costs for businesses.

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Thứ Ba, 5 tháng 9, 2017

Can I copyright something on behalf of another person?

BY Mini Kids IN , , , , No comments

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time.

What you may be thinking of is the act of registering a copyright with the Copyright Office. Registering a copyright doesn't create the copyright itself — it simply records a person’s claim to a particular copyright with the federal government. (It also provides some very valuable benefits in the event someone infringes the copyright, which is the primary reason most people and businesses do it.) Unfortunately though, you aren't permitted to register someone else's copyright unless you’re acting as the copyright owner’s authorized agent. So, at least assuming you want the gift to be a surprise, the Copyright Office won't permit you to register the copyright in the logo since you don't have your cousin’s authorization. But you certainly can help your cousin do it herself or even ask her for authorization to be her agent for the purpose of registering the copyright.
                                                                                                                                                               
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Thứ Năm, 31 tháng 8, 2017

Licensing Your Copyrighted Works

BY Mini Kids No comments

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

Copyright License Agreement

A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the “licensor” with the other party being the “licensee.” The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let’s take a closer look at key components of the licensing agreement.

Specific Rights Granted

This may sound obvious, but the agreement needs to detail exactly what copyrighted material can be used. If you have copyrighted articles, are you granting a right to use all of the articles or only certain ones? It is highly recommended that the agreement contain a detailed description of the exact materials being covered.

Once you agree upon the exact materials, you need to determine any restrictions on how the material can be used. Can the material be used on the Internet or will it be restricted to a certain niche’ such as manuals or collections of materials?

An extremely important issue is whether the agreement grants exclusive or non-exclusive rights. In English, this simply defines whether the licensor can grant similar rights to other parties. The grant of exclusive licenses should require a much larger royalty rate since you are essentially betting the third party will be successful.

Licensing Royalties

In exchange for your copyrighted work, the third party is going to make royalty payments to you. The particular amount of the royalty is dependent upon the nature of your work. Issues to consider include:
1) Will you be paid a flat amount or percentage of sales?
2) If a percentage, will it be figured from gross revenues or something less?
3) How often will you be paid?
4) What rights will you have to audit the books of the third party to determine you are getting the full royalty?

In some situations, you may decide to forgo a royalty payment. This usually occurs when the third party will use the materials in manner that produces massive publicity for you. For example, many professionals seek to right columns for publications as a marketing tool. Often, they will not charge the publication for the material because the resulting publicity carries enough of a benefit.

In Closing

 If you are considering licensing copyrighted content, keep the above in mind. Since such agreements are difficult to break, hiring an attorney is worth the expense.
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