What Is Intellectual Property?

Written by Trina L.C. Schiller


Intellectual property... now there's a real 90's deal. Copyrights, trade marks, patents, have been around for a long while, and are generally understood by most people. However, those legalities didn't encompass concepts, in need of protection, sincerepparttar exploration ofrepparttar 119284 virtual world, commenced.

Whenrepparttar 119285 Internet was born,repparttar 119286 transmission of ideas exploded. All of a sudden, there was a whole new realm of possibilities to be explored. Idea guys were suddenly in high demand, andrepparttar 119287 money began to flow.

Inrepparttar 119288 spirit of competition, we discovered a need to protect ideas, thought processes, and credit card numbers. So,repparttar 119289 government stepped in and wrote some laws, to protect what is in your head.

Intellectual Property is defined as:

n.

"A product ofrepparttar 119290 intellect, that has commercial value, including copyrighted property such as, literary or artisic works, and ideational property, such as patenets, appellations of origins, business methods, and industrial processes."

"Intangible property that isrepparttar 119291 result of creativity (such as, patents, trademarks, or copyrights)."

"The ownership of ideas and control overrepparttar 119292 tangible, or virtual representations of those ideas..."

Concept theft is a problem that is not really talked about much, but it does exist. Remember when Bill Gates introduced Windows, and Steve Jobs accused him of ripping off Apple?

Withrepparttar 119293 Internet representing endless possibilities for creativity, it would only stand to reason, that cases of idea stealing should rise, as competition for dominating market shares increases.

If you've got marketable ideas, you'd better know your rights and responsibilities. If you don't, you'll kick yourself when someone steals your million dollar idea out from under you. You need to be legally protected and aware in cyberspace, just as you must inrepparttar 119294 real world. There are people out there, that would rather steal your idea than come up with something original, on their own.

If your desire to succeed brings you torepparttar 119295 consideration of wire-tapping someone else's brain waves, and making off with their ideas, you should catch up on your reading a bit. The government has taken this matter to heart, and legislated it pretty intensely. You should know your rights as an Internet Intellectual, andrepparttar 119296 penalties for idea stealing.

"The Economic Espionage Act of 1996 ("EEA") contains two separate provisions that criminalizerepparttar 119297 theft or misappropriation of trade secrets. The first provision, codified at 18 U.S.C. 1831(a), is directed towards foreign economic espionage and requires thatrepparttar 119298 theft ofrepparttar 119299 trade secret be done to benefit a foreign government, instrumentality, or agent. It states: (a) In general. -- Whoever, intending or knowing thatrepparttar 119300 offense will benefit any foreign government, foreign instrumentality, or foreign agent, knowingly - ** (1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains a trade secret; ** (2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys a trade secret; ** (3) receives, buys, or possesses a trade secret, knowingrepparttar 119301 same to have been stolen or appropriated, obtained, or converted without authorization; ** (4) attempts to commit any offense described in any of paragraphs (1) through (3); or ** (5) conspires with one or more other persons to commit any offense described in any of paragraphs (1) through (3), and one or more of such person do any act to effectrepparttar 119302 object ofrepparttar 119303 conspiracy, shall, except as provided in subsection (b), be fined not more than $500,000 or imprisoned not more than 15 years, or both. In contrast,repparttar 119304 second provision, 18 U.S.C. 1832, makes criminalrepparttar 119305 commercial theft of trade secrets, carried out for purely economic or commercial advantage:

An important part of lifetime planning is the Power of Attorney.

Written by Jeffrey Broobin


An important part of lifetime planning isrepparttar Power of Attorney. Valid in all states, these documents give one or more personsrepparttar 119283 power to act on your behalf. The power may be limited to a particular activity (e.g., closingrepparttar 119284 sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only uponrepparttar 119285 occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation torepparttar 119286 person named to act for you.

The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted inrepparttar 119287 document. Often your agent must presentrepparttar 119288 actual document to invokerepparttar 119289 power. For example, if another person is acting on your behalf to sell an automobile,repparttar 119290 motor vehicles department generally will require thatrepparttar 119291 Power of Attorney be presented before your agent's authority to signrepparttar 119292 title will be honored. Similarly, an agent who signs documents to buy or sell real property on your behalf must presentrepparttar 119293 Power of Attorney torepparttar 119294 title company. The same applies to sale of securities or opening and closing bank accounts. However, your agent generally should not need to presentrepparttar 119295 Power of Attorney when signing checks for you.

Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to closerepparttar 119296 transaction, you may take advantage of a Power of Attorney. Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.

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