Intellectual Property - What it is

Written by P.M.George Kutty

Intellectual Property - What it is

Intellectual Property (often just called "IP") is a general term covering patents, trademarks, designs, copyrights, geographical indications and in some countriesrepparttar concept of "unfair competition". It is, asrepparttar 143924 name suggests,repparttar 143925 intangible personal property arising from intellectual creation. Since intangible, owner of intellectual property cannot build a fence around it as with real estate or place it in a bank locker as with valuables. To addressrepparttar 143926 situation, governments have created a variety of forms of intellectual property protection. Types of Intellectual Property Protection Some ofrepparttar 143927 more common types of intellectual property protection are Patents, Trade Marks, Designs, Copyrights and Geographical Indications.

Patents are by farrepparttar 143928 most technically demanding branches of intellectual property. In basic terms, a patent is a monopoly right granted byrepparttar 143929 government to a person who has invented a new useful articles or an improvement of an article or a new process of making an article. It is a negative right, granted to exclude others from making, using or sellingrepparttar 143930 invention within a certain jurisdiction for a limited period of time. A patent granted by a patent office is applicable withinrepparttar 143931 geographical boundaries of that country only. There is no International or World Patent. An inventor has to file an application in each country, where he seeks to protect his invention. There are regional and/or International treaties to facilitaterepparttar 143932 procedure to seek protection likerepparttar 143933 European Patent Organization (EPO) andrepparttar 143934 Patent Co-operation Treaty (PCT). Trade Marks popularly known as brand name, is an identification symbol which may be a word, a device, a label or numeral etc. or a combination of word and design, a slogan or even a distinctive sound, which identifies and distinguishesrepparttar 143935 goods or services of one party from those of another. Used to identify a service, it can be called a Service Mark. In general,repparttar 143936 term trademark can be used to refer to both trademarks and service marks. Normally, a trademark for goods isrepparttar 143937 word or design that appears onrepparttar 143938 product or on its packaging, while a service mark is usuallyrepparttar 143939 word or design that is used in advertising to identifyrepparttar 143940 source or provider ofrepparttar 143941 services. Registration of a trademark is not mandatory, but does confer very substantial commercial benefits. When taking legal action against others, registered trademark users need only base their case onrepparttar 143942 registration, whereas users of unregistered trademarks must rely exclusively on passing off for protection. Suing for infringement of a trademark is much simpler than launching a common law action for passing off to protect any unregistered trade mark. The Concept of 'passing off ' is common law remedy and it is available for a trademark or a trade name onrepparttar 143943 basis of 'prior user' status. Designs means only features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which inrepparttar 143944 finished article appeal to and are judged solely byrepparttar 143945 eye, but does not include any mode or principle of construction or anything with is in substance a mere mechanical device, and does include any trade mark. A design in order to be registrable must be new or original not previously published.

Corporation – What Is It?

Written by Richard A. Chapo

Simply put, a corporation is a form of business entity. You probably already know this, so this article delves into a few ofrepparttar particulars.

Separate Entity

For legal purposes, a corporation is considered a separate legal entity from those forming it. Although it is not a living person, a corporation generally hasrepparttar 143737 same rights. It can own property, enter contracts and claim constitutional rights. Unluckily, a corporation also must pay taxes like you and me.

Unlike each of us, a corporation can “live” for 100 years, 200 years or more. Certain forms of corporations were known to exist as far back as inrepparttar 143738 days of Ancient Rome. Despite it’s gladiator tendencies towards other companies, Microsoft was notrepparttar 143739 first corporation.

State of Incorporation

These days, state law authorizes and governsrepparttar 143740 creation of corporations. In 1811, New York wasrepparttar 143741 first state to pass laws authorizing corporations. As other states were created,repparttar 143742 passage of laws authorizingrepparttar 143743 corporate enitity became standard practice. Today, corporations can be formed in every state.

The Secretary of State for each jurisdiction typically controlsrepparttar 143744 incorporation process. Corporations are “residents” ofrepparttar 143745 state in which they maintain offices, have employees, receive mail, etc. This is true even if it conducts business in other states.

A corporation is considered a “domestic entity” inrepparttar 143746 state in which it is incorporated. In all other states, it is considered a “foreign entity.” For example, a company like Nomad Journals is a domestic corporation in Colorado, where it is based. When I buy a travel journal from it, California authorities may consider it a foreign corporation and require it to conform to California law. Foreign corporation status is a technical area of law and well beyondrepparttar 143747 scope of this article. Nonetheless, just keep in mind thatrepparttar 143748 state of incorporation can be a key issue, particularly when it comes to tax issues.

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