Monday, March 9, 2009

Intellectual property law school

Intellectual property Rights | Intellectual property law school

Intellectual property Rights Intellectual property law school is an institution specializing in legal education related to Intellectual Property. It is also known as law school or school of law or college of law. Some of the Intellectual property law schools are Rajiv Gandhi School of Intellectual Property Law School, National Law School of India University, George Washington University Law School, Duke University School of Law, Marquette University Law School etc. 

The Rajiv Gandhi School of Intellectual Property Law is a Law school based at the Indian Institute of Technology, Kharagpur, in collaboration with the George Washington University Law School, Washington DC. It is engaged in the teaching and research of law with special emphasis on Intellectual Property Law.  The Rajiv Gandhi School of Intellectual Property Law School presently has following programme namely six-Semester, Three-Year Full-Time residential LL.B. Programme leading to the Degree of Bachelor of Law School with specialization in Intellectual Property Rights, and with the LL.B. Degree requirements of the Bar Council of India. In the post TRIPS situation, education and research it shifted to Intellectual Property creation in the hubs of science and technology research.

The Centre for Intellectual Property Research and Advocacy (CIPRA) was established with the objective of enhancing the Intellectual Property knowledge base and research capabilities of the country in general and the NLSIU (National Law School of India University) in particular. The Centre attempts to achieve these aims through a two pronged strategy. Firstly, it attempts to disseminate information on intellectual property rights with a view to create awareness to the public in general. Secondly, it initiates research into relatively unexplored and novel areas. The Centre also offers a Post-graduate Diploma course in Intellectual Property Rights through distance education mode. 

The George Washington University Law School, an Intellectual Property law school commonly referred to as GW Law, is the law school of The George Washington University. It was founded in 1865 and is the oldest law school in Washington, D.C. The school is accredited by the American Bar Association and is a charter member of the Association of American Law Schools. It is located on the campus of The George Washington University. 

The Duke University School of Law is the law school and a constituent academic unit of Duke University, Durham, North Carolina, United States. The School features programs in Business, Comparative and International Law, Environmental Law, and Intellectual Property, among others. Duke Law has the highest New York Bar Exam pass rate of all US law schools. 

Marquette University Law School is the professional school for the study of law at Marquette University in Milwaukee, Wisconsin. With 45 full-time professors and approximately 750 J.D. students, the law school is ranked in the second-tier of American Law Schools. The school also has programs in health care law and intellectual property law. The Marquette Intellectual Property Law school Review is ranked 134th among student-edited U.S. specialty journals for citations by courts. First published in 1997, the journal is ranked number eight for impact among the 52 U.S. intellectual property law reviews.

Intellectual property law firm

Intellectual property Rights | Intellectual property law firm

Intellectual property Rights Intellectual law firm is a corporate law office which deals Intellectual Property laws in various areas. It covers patents, trademarks, copyrights and designs. Some of the Intellectual Property law firms in India are sethu associates, Majmudar & Co, Jotwani associates, Aggarwal Associates, LEX Nexus, etc.

Sethu associate is a top leading Intellectual Property law firm located at New Delhi in India and corporate law office in Noida. It provides a spectrum of legal services to its domestic and international clients which include multinational public and private companies and other corporate entities. The firm includes team professional lawyers, Intellectual Property experts, technical experts, chartered accounts and information technology consultants etc to meet all client requirements. Cyber laws Consulting Centre which is world's first integrated consulting centre advising clients on Cyberspace law issues and intellectual property protection in the online world. The firm deals all kinds of intellectual property matters.

Majmudar & Co is a leading Indian law firm, having offices in Mumbai (Bombay) and Bangalore.  The firm operates through integrated network offices in New Delhi, Chennai and Hyderabad. Majmudar & Co. provides comprehensive services in registering trade marks and patents. And litigate on behalf of overseas trade mark holders in passing off actions and other intellectual property law issues.

Jotwani associates is a law firm based in India having international clientele in the jurisdiction of United States, Canada, Australia, India, Europe , Singapore, China and Japan. The Intellectual Property law firm offer legal services in search, filing, prosecution and registration of Trademarks at USPTO, India, Australia, United Kingdom, and Canada Trademark Office. It represents several international law firms to provide Trademark Prosecution services at the India Trademark Office. The law firm in India remotely assists its global clients in Trademark Watch & Trademark Analysis. This Indian law firm also analyses a bunch of Trademarks against a target mark and furnishes Legal Opinion in this regard.

Aggarwal Associates is an independent law Firm offering international consultancy, agency and other related services to business entities at New Delhi in India. They have been diligently pursuing the prosecution of various world famous Patents, Trade Marks, Copyrights & Designs applications and are working with many of leading law firms from USA, Europe and Asia. The Intellectual Property law Firm handles all aspects of registrations and litigation relating to Patents, Designs, Copyright and trade secrets; and liaison with local lawyers, in relevant jurisdictions. The Group also specializes in the conduct of litigation in parallel jurisdictions.

LEX Nexus is a partnership law firm organized and registered in Mumbai, and it is an independent, full service law firm established under the laws of India accepting work from all overseas law firms, corporate, government bodies etc and all those seeking assistance from our law firm. They deals all matters related to Intellectual Property.

Madaan & Co is an International law firm which concentrates in corporate law, business law, outsourcing, joint ventures, e-commerce, business transactions, tax law, international investments, intellectual property laws, employment law, family law, arbitration, international commercial arbitration, litigation, transnational litigation, and regulatory laws in almost all sectors of business.

Ladas & Parry LLP is an international intellectual property law firm with over 90 years of experience protecting its clients' intellectual property in the United States and abroad.  With offices in Chicago, Los Angeles, New York, London and Munich, they serve clients across the globe, from numerous Fortune 100 companies to small and medium-sized enterprises across a broad spectrum of industries, to entrepreneurs, entertainers and celebrities.

They have 60+ US attorneys, foreign attorneys, patent agents, and professional representatives in their offices. Their practice is broad-ranging, from all aspects of patent, trademark, and copyright law and litigation, to advice on entertainment law, domain names, and security interests in intellectual property, licensing, franchising and related aspects of commercial law and other legal areas dealing with technology.

 

 

 

Trademark litigation

INTELLECTUAL PROPERTY RIGHTS | TRADEMARK LITIGATION

 

Trademark litigation involves a dispute over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, often asserted together with trademark claims, can be made when a defendant product is likely to confuse the public as to the affiliation between goods, services or companies. It can also include false advertising.

 

The Trademark Litigation considers the statutes, rules, regulations, and decisional law relating to or arising from litigation that involves trademarks, trade names, or unfair competition affecting trade identity, as well as statutes, rules, regulations, and decisional law relating to or arising from such litigation. Trademark protection can cover more than just a name associated with a product or service. For Example, protection can be provided for color, the shape of a container, and décor.

 

Trademark litigation cost varies substantially based on the case and the opposing party. According to one trade organization survey for the year 2000, the average cost through trial, where more than $1 million was at risk, typically ranged from $350,000 to $900,000 (depending on location), with the median being about $500,000. Most trademark litigation matters, however, are settled at a much earlier stage and at far lower cost. Although, like any other lawsuit, can be disruptive of business, the disruption to technical personnel tends to be less than in patent or trade-secret cases. To protect business assets and well worth it in appropriate circumstances trademark litigation is worth it.

 

Trademark litigation unfolds the battle between the sellers who argues over the defendant's conduct is confusing to the consumers. The plaintiff defends the trademark while simultaneously protecting the consumers at risk for confusion. The results gives a short shrift to the interests of non confused consumers who may have a stake in defendants conduct. Thus the courts are too receptive to nontraditional trademark claims where the consumers harm is questionable. Better outcome are resulted by appreciating the trademark litigations parallel status as a conflict between consumers. The interest of benefited and harmed consumers also minimizes the excessive weight in trademark cases. By considering the trademark's consumer conflict dimension, it becomes a useful device for trademark expansion and for accessing the future doctrinal developments.

 

 





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OWNERSHIP OF INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS | OWNERSHIP OF INTELLECTUAL PROPERTY

 

The Intellectual Property Rights, Ownership of Intellectual Property involves the exclusive rights to use the intellectual property for example the rights to use the invention covered by the grant of patent for a period of time (or) the rights to publish, copy, adapt and perform copyright material (or) to use a particular trademark or design.

 

The Ownership of Intellectual Property has the rights to sell or transfer, grant licenses or permission to use, donate or use it as security for loans.

 

The Ownership of Intellectual Property also involves entitlement to registration and also to seek protection of the exclusive rights in the property before the court of law.

 

The Ownership of Intellectual Property has the ability to exclusively control and direct development and exploitation of the property. It also involves the liabilities that are usually associated with the ownership of any property, including liability to taxation or legal actions in negligence, contractual obligations to protect other parties, registration and maintenance cost etc.

 

 

 

 

 

Ownership of Intellectual Property is determined on the following:

 

  1. Creation of Material: The actual creator, inventors are usually the person who has the initial claim to the intellectual property rights. It cannot be assumed that the person who had the ideas is necessarily the author or inventor or that ideas alone are protected. Creation of material is a starting point in determining ownership.
  2. Operation of Agreements:  Ownership can be determined by agreement between the creator and the employer.
  3. Employers entitlements: This results the terms and conditions in the contract of employment.
  4. Registration: Patents, designs, trademarks and plant breeder's rights require registration of ownership and interest in ownership with respect to the legislation regimes. It is important to determine who has the right to apply for registration. The registered owner is the absolute owner. The registration may be opposed  and once it has been opposed and in the absence of opposition, the registration provides the certainty of ownership.
  5. Legislative provisions: Intellectual property contains a number of provisions. Which affect the ownership.

 

 

 



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