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Intellectual Property

Media Law – Music Copyright – ISP’s Liability for File Sharing

A Coalition of music industry bodies, including the MCPRS Alliance and the Association of Independent Music, is lobbying to have intellectual property law amended to allow Internet Service Providers (ISPs) to be sued for allowing illegal file-sharing on their networks. Commentators have said that their efforts are misguided and commercially impractical. Currently, ISP’s are not required to police the content of their networks much in the same way that telephone companies are not liable for obscene calls.


Intellectual Property

Over the course of humanity, every discovery has yielded more questions as we continue to explore new territory. As we continue to explore the frontier known as cyberspace, and discover new ways to use the medium, we are opened up to more ethical dilemmas and questions. Intellectual property has always been a thorny issue.


Intellectual Property – Trade Mark Infringement – Advertisement

In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online. In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription. The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.


Patent Me This, Batman

If you have a great idea for an invention, you must protect it. Here are some invaluable tips for how to patent your invention.


The Verve Intellectual Property Case: A Bittersweet Example

Intellectual property's tentacles are long and strong. Maybe the largest battlefield in IP is the music industry. Composer, producers, interpreters and license owners might get unexpectedly involved in legal battles regarding the misuse or abuse of a song of their property. Sometimes it is just something as little as a sample of the song but are legal frictions can deal with millions and millions of dollars.


Intellectual Property: Design - Spare Parts

In Dyson Ltd v Qualtex [2004], Dyson brought proceedings against the defendant, Qualtex, a manufacturer of vacuum cleaner spare parts, alleging infringement of its unregistered design rights in various spare parts comprising different products. Unregistered design rights are unregistrable intellectual property rights that arise automatically by the operation of law and protect the owners of original designs from, amongst other things, unauthorised copying. The existence of such rights is subject to certain exceptions.


Is It Too Late To Create Your Living Trust?

Benefits of a living trust include avoiding probate and estate tax savings.


How To Create A Creditor Debt Management Program

Creditor protection is a concern for most professionals, small business owners and others potentially susceptible to personal liability during their lifetime or after death.


Living Wills in Kentucky

If you become unconscious or too ill to communicate your own medical care decisions then the staff will follow your living will, which gives you a voice in the type of treatment you want. As long as you are able to express your own decisions, your living will cannot be used and you can verbally refuse or accept any medical treatment you want.


Pocket Living Will - Preserves Wishes And Assets

She lay alone and unconscious for days until rescued by her mail carrier and police. Mary's foresight in preparing her living will and carrying a special copy with her not only preserved her healthcare wishes but provided the person with her power of attorney the opportunity to protect her assets and carry on with her financial affairs.


Living Will Form vs. Health Care Power of Attorney Form

A will to live, formally called a living will form, is a type of advance directive. These legal forms are usually required to be notarized or signed and dated by witnesses.


Advance Health Directive: The Living Will and The Power of Attorney

A living will, also called will to live, is one type of advanced health edict, or advanced health care principle. It often goes along with a specific type of power of attorney or health care alternative. These are legal tools that are usually witnessed or notarized.


Why Do You Need A Living Trust

What is a living trust, and why you should consider creating one.


8-Tactics on Easy Estate Planning

Should you hire a professional to handle your estate planning?


When is a Person Too Incapacitated to Sign a Will, Trust, or Power of Attorney?

When is a person too incapacitated to sign a legal document such as a will, trust, or power of attorney? This article discusses some of the factors and legal rules that go into determining whether the person may legally sign these documents.


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