FRANCE INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS | FRANCE INTELLECTUAL PROPERTY   Intellectual Property Rights, France Intellectual Property has a distinctive system of protection of Intellectual Property and Industrial property Rights which is applicable not only to artistic or creative rights but also to copyrights, designs, drawings, patents and trademarks.   The France Intellectual Property consists of a non – exhaustive list which may be of particular comparative interest to common lawyers. This point may never be considered in isolation and should not be relied upon first consulting a fully trained and qualified French attorney specializing in the specific field of Intellectual Property.   In France Intellectual Property the rights are protected according to the date of registration. The protection afforded to intellectual property rights is presented in the following three categories:   Recognition of Intellectual Property Rights outside of France . Recognition within the European Union by European Patents. Recognition and Protection under French Law.   The French Courts are frequently called upon to decide claims entered by holders of Intellectual Property Rights, sometimes from unexpected sources, and often hand down extremely constraining decisions from time to time accompanied by substantial damages.   In regard to French patents, actions are generally brought before the Tribunal de Grande Instance, however question of jurisdiction may arise concerning with foreign patents. For a new technical idea to be protected, protection and registration may require the holder to reveal the contents to third parties.   Under the French Intellectual Property, the French custom authorities may seize goods which appear to be in breach of Intellectual Property Rights, and Goods which are not licensed for a particular territory may currently be held to be counterfeit in spite of being manufactured by the holder of the intellectual property rights in question.   France has a reputation for allowing copyright protection for works of applied art. The Rouen Court of Appeal rendered a decision in relation to a copyright infringement case. The main issue was whether the design which had been protected by a US patent filed in the early 1960's could still be protected by copyright under French law. French law provides that a work of applied art can enjoy copyright protection as long as the work is original.   According to the classical concept of copyright under French law, a work is original if it is the unique expression of an individual. The French court decisions have tended to consider this concept either in a lenient way or in a strict way. The French courts are setting limits on copyright access for applied art. In this respect, aesthetic and ornamental considerations are a critical element in the test.

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INTELLECTUAL PROPERTY AGREEMENT

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY AGREEMENT   Intellectual Property Rights, Intellectual Property Agreement also called as Intellectual Property Transfer Agreement or Intellectual Property Assignment Agreement, consummates and formalizes an agreement between two companies for the purchase and sale of Intellectual Property rights. The Intellectual Property being purchased consists of copyrights, trademarks, moral rights and/or patents. As opposed to an IP license Agreement, the purchaser or assignee in an IP transfer agreement takes total and exclusive ownership and control of the IP rights, and is free to use those rights however one wishes.   Intellectual Property Agreement is drafted on the following provisions: Assignment and Waiver of Moral rights: Moral Rights are not recognized in US but are recognized in Europe . They involve the general rights in respect to intellectual property. In this provision, the assignor must irrevocably and in perpetuity waive, in favor of the assignee transfer all moral rights intellectual property including the following: The right to restrain or claim damages for any distortion, mutilation or other modification of the transferred IP. The right to be associated with the transferred IP The right to restrain use or reproduction of the transferred IP This waiver shall be binding upon the heirs, executors, employees, directors and all successors involved in the creation of IP. Representations and Warranties: It is important to include a representation and warranties paragraph in the Intellectual Property Agreement where the assignor promises that it has the full authority to assign the transferred intellectual Property. The assignor must also promise that it has the full authority to waive all moral rights. Non- Disclosure: The assignor should promise for itself, its officers, directors, shareholders etc., that it agrees that, except with the assignee's express prior written consent, that it will not disseminate, disclose, use or permit to be used any of the transferred intellectual property, since upon the execution of the agreement of IP is property of the assignee. Damages Inadequate: the assignee may want to include a provision whereby the assignee must concede that damages at law by itself may not be an adequate remedy for a breach of the agreement. In the event of a breach, the assignee's rights may be enforceable by specific performance, injunction, or other equitable remedy as opposed to remedies at law. Assignment of the Agreement: The assignee may wish to require their prior written consent before the assignor is allowed to assign the agreement to the third party. Governing Law: The parties should agree which state will govern the agreement, which could include a binding arbitration provision in an effort to seek a speedy resolution to any dispute. These are the key provisions that must be included in an Intellectual Property Agreement.

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INTELLECTUAL PROPERTY DOCKETING

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY DOCKETING     Intellectual Property Rights, Intellectual Property Docketing is something which keeps a track on dates and deadlines as a part of the professional responsibilities for all Intellectual Property Attorneys and paralegals.   A sophisticated Intellectual Property Docketing provides automatic date calculation for statutory deadlines such as renewals, affidavits related to trademarks and critical dates worldwide. Intellectual Property Docketing gives scope for personal reminders with automatic calculation of date progression. Every action can be assigned to the appropriate attorney or paralegal. There can be a wide selection of docket and diary reports with a report generator for custom reports. Personalized and Automatic reports can be run at    log – on. Extensive date rule file under user control.    The Intellectual Property Docketing will coordinate the day to day activities of the patent and trademark docket teams and is responsible for the administration of the automated docketing systems. This ensures the accuracy and productivity, participates in automation and process improvement projects, coordinates docket system enhancements and develops and implements patent and trademark docket policies and procedures. The Intellectual Property Docketing also has the potential to expand into additional areas of Intellectual Property Administration as the Intellectual Property Practice grows.   Docketing is a process of calendaring important legal deadlines which is a critical task when managing patent and trademark portfolios. However, as a largely manual process it is typically time consuming and error prone. There has now been a docketing machine which automates this laborious process thus reducing the cost of docketing.   Traditional docketing was a paper intensive process that relied on expensive manual data entry. The automated docketing process, improves the docketing turn around time and reducing the risk of docketing errors. Under traditional docketing model, when an action is received, the time required to open the mail, enter critical information and dates into a computerized calendaring system, notify multiple related parties as necessary, and manually append an electronic copy of the correspondence to the appropriate manner in the docketing system is not insignificant.   The current docketing system is integrated with the USPTO. The copies of USPTO documents are automatically deposited into a repository. The software then reads the correspondence and through intelligent mapping prepares the docketing entries. When the users log on to the system, they see a list of events that are ready to be docketed. The docketing can be completed in matter of seconds and since the information comes electronically there is no data entry errors.

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Intellectual property company

Intellectual property Rights |Intellectual property company

An intellectual property Rights, Intellectual Property company is a form of business organization and they deal with Intellectual Property assets. The intellectual property assets includes patent, trademark, copyright, integrated lay outs etc. Brain League is a fast leading Intellectual Property company. They provide end to end services in various countries. The company was founded by graduates from IIT, Madras, IIM, Bangalore, National Law School of India University, Bangalore and Franklin Pierce Law Centre USA. Brain League is one of the first companies to successfully incubate out of NSRCEL at IIM, Bangalore.

They offer services covering IP generation, protection, commercialization and management. Their services are offered by experienced personnel whose experience, specialization and training suit the requirements of the client. They provide services with a blend of technology, management and law. They are one of the first companies in India to realize the importance of blending technology, management and legal expertise in providing value added Intellectual Property services. They are well qualified team and proprietary technology enabled processes allow us to provide high quality services and maintain timelines.

IndoGlobal is a fast leading Intellectual Property Company. They provide service to research and investigate the availability of trademarks, copyrights, patents and registrations. They offer specialized services in Intellectual Property Litigation. IGIP's (Indo Global intellectual Property private Limited) legal team of IP experts offers a wide variety of services for the protection of patents, ideas and other intellectual property. They Supports the Group Companies to ensure conformance to Indian and international statutory requirements.

Intellecture is a corporate training in Intellectual property. They offer training programs at the client's site, on its campus and at external locations based on client requirements. They offer tailor-made training programs at company premises' to suit the needs and convenience of the client. In addition to all of these, they offer interactive training courses and online study courses.

They have highly qualified team members specialized in training programs. Their training sessions are filled with case studies, videos, music, role plays and exercises. They have trained more than five thousand (5, 000) employees at various Intellectual property companies in software, electronics and telecommunications, biotechnology, pharmaceuticals, bioinformatics, chemistry and manufacturing fields.

 

Canada Intellectual Property Office

Intellectual Property Rights |Canada Intellectual Property Office

Intellectual Property Rights, the Canadian Intellectual Property Office (CIPO) is a federal agency that works under Industry Canada. It is responsible for administering and processing most intellectual property legislation in Canada. Canadian Intellectual Property Office covers intellectual property assets such as Copyrights, Industrial Designs, Integrated Circuit Topographies, Patents and Trademarks.

Canada's intellectual property headquarters is located in the C.D.Howe Building, 235 Queen Street in Ottawa. (The C.D. Howe Building is an office tower in Ottawa, Canada, that is the home of Industry Canada, the Office of the Auditor General and other smaller tenants),. A Special Operating Agency of Industry Canada that administers Canada's intellectual property legislation and regulations regarding patents, trade-marks, copyrights, industrial designs and integrated circuit topographies to ensure that they meet present and future client needs, and best contribute to the Canadian economy.

 There are 15 regional offices located across Canada. The Minister of Industry is responsible for 11 federal departments and agencies that make up the Industry Portfolio. The Minister is responsible for many Acts including telecommunications legislation, marketplace and trade regulation, Canadian Intellectual Property Office legislation, and consumer legislation.

The Program areas includes developing industry and technology capability, fostering scientific research, setting telecommunications policy, promoting investment and trade, promoting tourism and small business development, which plays important roles in the market place. Industry Canada has 5522 full-time equivalent employees for the 2007–08 fiscal years.

The common Canada's mandate includes three strategic objectives a fair, efficient and competitive marketplace; an innovative economy; and competitive industry and sustainable communities. The Corporations Canada offers incorporation and related services under the Canada Business Corporations Act, including leading edge online incorporation and other e-filing options.

       The department of Industry Canada works with Canadians throughout the economy and in all parts of the country to improve conditions for investment improves Canada's innovation performance, increase Canada's share of global trade and build a fair, efficient and competitive marketplace.

The Canadian Intellectual Property Office has intellectual property association in Canada. They have all registered patent agents, registered trade-mark agents and lawyers specializing in intellectual property. There is a Canada's premier innovation assistance program for Canadian SMEs. They provides Canadian Small scale sized Medium Entrepreneurs with value-added technological and business advice, financial assistance and a range of other innovation assistance.

INTELLECTUAL PROPERTY HISTORY

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY HISTORY     Intellectual Property Rights, Intellectual Property History has a readily accessible literature about the evolution of Intellectual Property as a concept or practice. This reflected the perceptions that most major questions had been settled and that the antecedents of current law were only of interest to historians of law or those concerned with the 'rise of the author'. New technologies over the past twenty years have resulted in a wider interest in the origin of intellectual property and how it has changed to reflect evolving attitudes to authors and innovators and changing markets.   Intellectual Property History had started over five hundred years, intellectual property has been an integral part of public policy and economic development. From its early beginning in fifteenth century Venice , through its early development when British awarded monopoly privileges to those who introduced new techniques into the kingdom and then to American policy purposely discriminating foreigners in order to foster domestic innovation.   Intellectual Property History has helped policy makers to use intellectual property policy as a tool for economic development. Intellectual Property is of great importance to society as it endeavors to protect rights of the public, the creators of the works and set guidelines and boundaries to be abided by in the use of technological advances. As a area of law, intellectual property is clearly very important, going back to the first printing press and the medieval guilds.   The Intellectual Property History consists of historical foundations upon which copyright and intellectual property law were built. The copyright and intellectual property law varies from country to country depending on their respective needs at time. The law of copyright which evolved in England after the development of the printing press in the fifteenth century differed in significant respects to that which had emerged in Europe, while having little impact on the nascent system for rewarding inventors with letter, patent granting them exclusive rights over the exploitation of their inventions.   The beginning of Copyright law in Australia was dictated by those governing the United Kingdom in the nineteenth century. An example of this was the NSW Copyright Act 1879. This trend has continued after federation as Germany of the early federal statues were little more than re- enactments of their British counterpart as the Copyright Act 1912. The Copyright Act 1922 was in force throughout Australia . While following federation in 1901, the laws were passed into the power of Australian Parliament.   Acts passed by the parliament continued in the United Kingdom , even after the laws has been stopped there. An example is the Copyright Act 1912 which was in force till 1969. In Australia till date, the copyright and intellectual property laws that govern restraint over the use of the original works of another still echo those of the United Kingdom .

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INTELLECTUAL PROPERTY ACT

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY ACT     Intellectual Property Rights, Intellectual Property Act in India has already certain enactments dealing with what is now called the Intellectual Property Law. There are different types of Intellectual Property Act; they are the Patent and Designs Act, 1872, India Patents and Designs Act, 1911, the Copyrights Act, 1914 which was later replaced by the Copyright Act 1957, and the Trademark and Merchandise Mark act, 1958. India has signed the agreement on TRIPs. The member countries of WTO are under the obligation to implement the convention adopted by the Agreement on TRIPs. WTO agreement is a package deal. Though India is not a member of Paris Convention, having signed the Agreement on TRIPs, India is obliged to recognize and implement the provisions of Paris Convention also.   Intellectual Property Act in India has amended the Indian law on Intellectual property conformity with the provision of WTO Agreement. The Copyright Act, the Patents Act, the Trademarks Act and the Designs Act have been amended accordingly. Some of the new enactments covering recent development were also passed. Some of the important enactments on intellectual property law are: The Copyright Act, 1957. The Patents Act, 1970 The Trademarks Act, 1999 The Geographical Indications of Goods (Registration and Protection) Act, 1999 The Designs Act, 2000 The Semi – Conductor Integrated Circuits Layout – Designs Act – 2000 The Protection of Plant Varieties and Farmers Rights Act, 2001 The Biological Diversity Act, 2002   In Intellectual Property Act, the Copyrights (Amendment) Act, 1994, introduced substantial changes with respect to protection of copyrights and punishments for piracy. The Designs Act 2000 replaced the existing Designs Act, 1911. Similarly the Trademarks Act, 1999 was enacted in 1999 and it repealed the Trade and Merchandise Marks Act, 1958. In order to bring law of patents in tune with the Agreement on TRIPs, the Parliament amended the Patents Act, 1970 in 1999. The Patents (Amendment) Act, 2002 introduced a lot of changes in tune with the provisions enactments, new enactments like the Geographical Indications of Goods Layout Designs act, 2000 etc. The Protection of Plant Varieties and Farmers Right Act, 2001 were enacted in line with the provisions of the agreement on Trade Related Aspects of Intellectual Property Rights. The domestic laws are now in conformity with the TRIPs agreement. Intellectual Property Act in India has taken steps for the effective and adequate protection of Intellectual Property Rights.

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