Ten Things to Consider About Social Media to Protect Intellectual Property and Avoid Other Problems

With the explosion of social media, in-house counsel should give careful consideration to unique problems presented by it, how it affects the workplace, and how to address social media usage by employees and third parties. As with the rise of the Internet and blogs, existing employee and intellectual property issues are played out in this new venue creating unique problems. However, unlike other venues, social media has the capability to dramatically increase problems by providing a much larger, well-connected audience. The following are some specific, brief considerations that in-house counsel should analyze.

1. It's gone in a flash (or click) - Even inadvertent statements or posts can innocently give away a company's trade secrets and confidential information. Care must be taken to educate employees about proper use of social media and how to safeguard confidential information. Examples of this include inadvertent disclosure of product launches and other sensitive information. Once Tweeted, that new confidential product feature is known to the world, and there is nothing that can be done.

2. Employee posts in social media may be protected speech - The National Labor Relations Board (NLRB) has ruled that certain employee gripes, while made publicly in social media at the company's expense, are protected and therefore, are not properly the subject of employee termination. Employers should take caution in disciplinary action involving employee posts. The NLRB is watching. Several cases have been filed by employees claiming retaliatory firing due to online posts and comments.

3. Employee posts may subject the company to liability - False statements made by employees or paid third parties about a company's products and services in social media and review sites have lead to claims for deceptive trade practices and false advertising. These risks should be communicated to employees. Companies have been sued for deceptive trade practices and false advertising based on fake reviews and untrue statements published online. Another area of potential liability is employee posts that are disparaging or defamatory of a competitor's products. Obviously, a clear line needs to be communicated between online posts as an employee and the employee's private activities. Regardless, care should be taken.

4. Employee posts may also create federal administrative action - The Federal Trade Commission (FTC) promulgated new regulations in December 2009 that require disclosure of any connections between an endorser and a company's products and services. Employees who puff or exaggerate a company's products or services, even if completely truthful, without disclosing their employment relationship run the risk of subjecting the company to administrative action by the FTC. Employers should take care in educating employees about the disclosure requirements. A violation could lead to administrative action against an employer even if it was unaware of the sponsored endorsement. These concerns also include bloggers that are paid or provided free product to review.

5. Social media provides a much bigger, real-time audience for yesterday's problems - All the issues facing companies and employee relations, from employee discrimination and harassment to embarrassing pictures and comments at the company party, may be played out in a very public arena at the speed of light. Policies should be implemented to address these issues. Being on the losing end of an embarrassing video that "went viral" can devastate a company's brand. Employers should incorporate social media policies into employment manuals and educate employees as to the proper usage. Simple guidelines to employees should eliminate many problems, particularly innocent posts by employees.

6. Be careful using social media as a recruiting tool - The highly personal nature of social media provides potential employers ample opportunity to learn extensive personal information about employment candidates that ordinarily would not be disclosed in a resume. Companies should exercise care in using this information to avoid claims for discriminatory hiring. One approach is to segregate the researcher and the hiring decision make to ensure that if sensitive or protected information is uncovered, it was not presented to the hiring decision maker and therefore could not have played a role in the hiring decision. While a highly useful tool to screen potential job applicants, there are some legal risks associated.

7. Registering usernames is a cost-effective, protective measure- One of the best ways to prevent trademark infringement is for a company to register its name and key brands as usernames for social media sites to prevent username squatters and other infringers from controlling the usernames. Proactive registration is much less expensive than attempting to recover the username later. Litigation over identity theft or trademark infringement can be quite expensive. Best to be proactively protect rights on the front end.

8. Social media policies are becoming a best practice- Companies should incorporate policies into their employee handbook or develop policies as separate guidelines. The concerns outlined in this article are just a few of the issues that can be covered by a well drafted social media policy. Additionally, a policy should address who owns social media accounts, usernames, posts, and other content. Finding out later that an employee or independent contractor owns a Twitter handle and associated posts can be a painful lesson for a company. There has already been litigation over who owns Twitter accounts. Companies should not wait to address this issue and should use contracts that clearly define these rights.

9. The best defense is a good offense - Proactively monitoring brand and trademark usage in the social media space is often the best strategy to protect trademark rights and other IP rights. Often, a company can get a third party to stop using its trademarks or brand names with a simple request or through using the intellectual property policies of media companies. This is usually a better and less expensive route than waiting and filing litigation later. Facebook, Twitter, and eBay all provide mechanisms to address IP disputes. The Digital Millenium Copyright Act (DMCA) also provides a take down procedure used by many companies. While the DMCA expressly applies to copyrights, the safe harbor provides a road map for potentially addressing other IP disputes.

10. Social media adds additional litigation considerations - Because it aggregates millions of users, the public relations aspect of this should be considered before commencing litigation. The trademark infringement case between North Face and South Butt, for instance, was played out heavily in social media. Typical aggressive litigation tactics may backfire and actually lead traffic to a sympathetic defendant's pages. Careful consideration should be given to these consequences before suit is filed. Additionally, lawyers should check with local rules to ensure they do not run afoul of juror pool research and inadvertent contact.

Social media has not only opened up new avenues for communications and brand marketing, but has also added whole new ways to infringe on those efforts. Making sure that your brand and company is protected in cyberspace isn't just important; it's an integral part of how companies and their employees must communicate today. Care should be taken to educate employees and third-party independent contractors regarding the risks of online posts, particularly ensuring that any endorsements are properly disclosed.

How An Intellectual Property Lawyer Can Help With Copyright Protection

Unfortunately, intellectual property (or IP as it is sometimes known) is an area of law that is constantly changing, meaning that lawyers who work primarily in this area have to always be on their toes. One of the bigger areas of IP is copyright, and an intellectual property lawyer is definitely the best person to get advice from if copyright is an issue you are dealing with.

When dealing with copyright, most people will have many questions that they would like answered before proceeding. What is copyright? How do I know if my work can be protected by copyright? How do I get copyright for my work? These are all questions that can be quickly and succinctly answered by an intellectual property lawyer, saving you hours of research on the internet (which often only comes up with partially true or complex results).

So, what sort of work can be protected underneath copyright law?

Literature: such as lyrics, poems, articles, novels and even (in some cases) databases. Performing arts: such as a dancer or even a mime artist. Art: such as paintings, photography, maps, engravings and designs. Typographical layouts: such as a novel (or any kind of published work). Recordings: such as film scripts, broadcasts and music.

If your work falls into any of the above categories, an intellectual property lawyer will help you to register it for copyright (as well as any other IP rights that it may be eligible for, such as a trademark or a patent). Once your work has been properly registered, if anyone wants to use it or copy it they will have to ask for your permission first (and you are completely within your rights to say no).

For many creative people, the whole legal process can be a highly complex and confusing entity. An intellectual property lawyer, however, will be able to explain and discuss your various rights with you, as well as advising you towards the best course of action. If you have created an album of songs, for example, you may have to apply for an overall copyright and then individual copyright for each of the songs. An IP lawyer will be able to help you here.

And, finally, if you feel that an individual or a company has infringed on your copyright, your intellectual property lawyer will be able to begin proceedings for claiming damages against these people. This can take a considerable amount of stress off your shoulders, especially as you will often have no idea how to best deal with such an infringement.

Experienced Loan Modification Attorneys Can Reduce Your Monthly Payments

Whenever your home loan gets out of control, consult loan modification lawyers. These legal experts can modify your payment per month, which allow you to definitely remain in your home. If you speak with the banks yourself, they will often dilly dally on the approval of your home loan modification. This is often a huge problem, particularly when time is not in your favor. Hiring one of these highly trained professionals will give you an excellent advantage. With years of experience, they will be able to negotiate with the bank on your behalf.

There's nothing worse than being requested to leave the home you grew up in because you neglected to make payments. Avoid facing this predicament by calling up an organization that offers the services of loan modification lawyers. The people working in this firm will review your present situation, finances, mortgage documents, and status.

As soon as your appointment has been set, one of the many loan modification attorneys will be appointed for your case. They will discuss your options and will know how to deal with the bank from a legal standpoint. Your finances will be scrutinized meticulously by an expert as soon as it's been done, it will be shown to you in its most favorable fashion.

After you've signed off on this, loan modification lawyers make use of their legal know-how and experience to negotiate with the banks. The reason is, they know how to prepare your application in the format that banks look for, making the approval process much more efficient.

As you search for firms run by qualified loan modification attorneys, remember that some aren't actual law practices. People who work at these places aren't licensed and bound by the strict legal and ethical rules these specialists must adhere to.

If you want to protect your home from foreclosure, get the advice of somebody who knows this process best. Laws and legislation in this particular arena constantly evolve so your best prospects for keeping your home begins and ends with more experienced loan modification lawyers.

Sometimes, people make the mistake of going to the banks for loans. This is where problems often begin. Bank workers are not trained underwriters, which is why procedures often get confused. Instead of requesting for all required documents in a single blow, they will send for all these in piece-meal fashion.

Once everything has been submitted, the lending company representative will claim your application has run out resulting in you being forced to do it again. On other occasions, inexperienced bank staff will misread your application and deny you altogether. At the end of the day, this constant back and forth is often tiresome.

Whenever your home is endangered, you need to hire the best team of loan modification attorneys. These experienced individuals will keep banks on their toes by making sure your documents are intact and handled punctually. Once these have been approved, you may be placed on a trial payment period. After which, you'll be given your new modified reduced amount loan.

A Brief History of Music Piracy

Music piracy has been in the news recently as the BBC has compiled a list of the most illegally downloaded musicians for difference areas of the UK as well as the UK as a whole, with Ed Sheeran named the most downloaded artist in the country. While this may be a bit of fun, it highlights a serious subject. Music piracy is illegal and illegally downloading music or selling pirated music can lead to criminal charges. When music is pirated artists are not making money from the product they have produced and it is breaking intellectual property law. Any creators, including creators of art such as music, have the legal right to do as they please with their creations, including the right to sell them or let others broadcast them.

History of Music Piracy

The history of music piracy doesn't just go back to being able to download music via the internet. It can be traced back to the 1920's and radio stations playing music without the permission of writers or performers.

Tapes and Bootlegs

The beginning of music piracy being carried out by regular consumers goes back to cassette tapes and the 1960's. From the 1960's it became common for people to record music using blank cassette tapes either from vinyl or other tapes. The quality wasn't great - nowhere near that of purchasing a record - but it was a way of acquiring music without paying for it apart from the cost of the blank cassettes. Although most of this was fairly low-level, such as children recording a tape of their friend's records, there were some who were making money from this by mass-recording and selling copies onto others. It was not easy to make large amounts, though, due to the lack of quality.

Tapes made it possible to record live music, which led to an illegal bootleg industry. Some recorded live concerts, in some cases mass-producing copies of a performance and selling them to fans. Some of these became collector's items as it was an opportunity to have a copy of your favourite artist performing live, something that often wasn't available from shops.

CD's

Compact discs came along in the 1980's and were better quality and longer lasting than vinyl. To begin with theses couldn't be copied as they were read-only. However, computer technology improved and it became possible to copy CD's to the same quality as the original record. This was an opportunity for some recording and selling on copied records to make large amounts of money.

Digital

The more recent rise of digital music has led to much more piracy of music. A number of websites appeared offering user's fee, or very cheap, recordings. This has been clamped down on with legal action taken against these sites with them being taken down as a consequence. There are websites where people can download music legally. This is often cheaper than buying the physical record, for example the CD. Illegal sites are still a problem though. It is possible to record multiple digital copies of music that can be passed on or sold to others. CD's can also be imported into MP3 software many times over, so people can borrow other peoples CD's and make their own digital copies.

Music piracy is not new but it has become more of an issue since the invention of digital music. It is something that may never completely go away but it is being clamped down on by the authorities to limit the chances of guilty parties getting away with copyright theft.

Andrew Marshall ©

What Is the Difference Between a Counterfeit and a Knockoff?

A common question for trademark lawyers is what is the difference between a "counterfeit" product and a "knockoff" product?

The term counterfeit is strictly defined by federal law. The term knockoff is used colloquially to describe those products that copy or imitate other products, but which may or may not be illegal under trademark laws.

The key difference is whether or not the product contains a brand name or logo that is identical to a registered trademark.

In the United States, the federal Lanham Act is the key statute defining trademark laws. Sections 32 and 43 of the Lanham Act allow trademark owners to pursue civil lawsuits. Additionally, those who knowingly sell counterfeit goods are subject to criminal prosecution.

A counterfeiter is one who intentionally and identically (or nearly identically) copies a federally registered trademark and places the fake logo or name on goods that are not authentic. These products are considered illegal because they clearly are intended to confuse consumers at the point of sale, and are a fraud on the public. Someone can be a counterfeiter even if he doesn't make the products, but sells them to others.

"Knockoff" is a broader category, and can include products that have a confusingly similar overall appearance to a well-known product, but which do not contain any identical logos or federally registered brand names. Those who sell such products may still be sued by the trademark owner because these products can still cause consumer confusion, even if they do not contain counterfeit logos or brand names. However, these type of "knockoffs" cannot be criminally prosecuted.

Trademark owners may bring civil lawsuits against both types of targets: (a) those who produce and sell counterfeit products; and (b) those who produce and sell knockoffs.

The Lanham Act provides a variety of remedies to trademark owners, depending on the factual circumstances and the products involved. These remedies include imposing hefty fines, injunctions, destruction of the counterfeit goods, as well as litigation costs and, in exceptional cases, making the infringer pay the trademark owners' attorneys' fees and investigative expenses.

If you call a counterfeit product a "replica," can you still be sued and/or criminally prosecuted? The answer is absolutely yes.

The product itself is still considered a fraud, regardless of the specific manner in which it is marketed and sold. It is intended to confuse consumers, both before, at or after the point of sale. Calling thousands of fake watches sold online "replicas" makes them no less harmful to the brand owners, whose brands become diluted and tarnished as a result of the flood of fakes on the marketplace.

Further, there is no guarantee that the counterfeit watch will not be given as a gift, or re-sold later to an unsuspecting consumer. Therefore, merely calling a counterfeit product a "replica" does not make it legal to sell it.

Loan Modification Attorneys - Support You Will Need for Restructuring Loans

With the United States finally recovering from the economic crunch, many consumers today want to take on loan modification. If you acquired a loan or mortgage and you want to get a clear shot at a better payment deal, hiring a loan modification attorney should be your primary goal.

What is loan modification?

Loan modification or mortgage modification is restructuring payment terms set on a loan. Restructuring could mean paying lower interest rates and going through extended payment periods. At face value, many would wonder about its practicality given that you pay longer than expected. The true value, however, lies at a person's payment capability and underlying financial implications.

While there are people who complete loan payments successfully, there are those who may need the restructuring to maintain status quo. Circumstances such as high interest rates that could have played a role in the original loan are possible factors for the need to change. For example, current loan interest rates offered two years ago ran up to 5%, while current ones run only at 2.5%; the discrepancy is a big one and this is why you may want to pay better interest rates as soon as the opportunity becomes available.

How can a loan modification attorney help?

Having a competent attorney at your side will help ease the restructuring process. The attorney will be your official representative to the lending company or bank. It will be the mortgage modification attorney's job to find a way to connect with the right person and have you paying more affordable rates sooner.

Acquiring help means no more calling the bank or lending company on your own. No more getting the run around when it comes to meeting loan officials. What you get instead is a qualified mortgage modification attorney that has your best interest in mind. In case the bank or lending firm suddenly wants to change any deal in the arrangement, your attorney can scrutinize the change and inform you about its advantage or possible drawback.

Can a consumer attempt to modify his or her loan independent of outside help?

A do-it-yourself (DIY) approach is always a possible option, but not always a very good one. Self-help is not an advisable answer especially when hiring a loan modification attorney is possible.

Think of it this way, will you rely on your limited health knowledge if you are sick or will you go to a doctor right away? There is no such thing as a DIY doctor so why think you can play a DIY mortgage modification attorney.

Attempting to slug it out on your own can prove too taxing physically and emotionally. Many consumers found this out the hard way since connecting to a loan official in a bank or a lending company takes time. Worse, these people could easily schedule and reschedule meetings. Going through the experience can have you enduring frustrations with little or no positive result to show.

Mortgage modification attorneys abound on the Internet so use this platform to your advantage to check the attorney's experience and compare asking price. These steps will help you hire the best person for the job in no time.

Trademark Name: Protecting Your Brand

Trademark names are important because it protects the words, names symbols, sounds or colours that distinguish your product. Any sign that is capable of being represented graphically and is able to distinguish the goods and services of one person from those of another can be registered. You can continue renewing your trademark forever as long as it is being utilised in business. Having your name registered is beneficial as it gives helpful notice nationwide of the owner's claim. It is also useful when wishing to obtain registration in other countries.

When your trademark name is registered you have the exclusive right to use it and others cannot use it. In addition no one can make use of one that is indistinguishable from yours or a trade mark that is very similar to yours in that it might mislead or cause confusion in the process of trade. Owners may give or permit their registered mark to another person. Trade mark names registered in the country the business operations may only be able to obtain protection within that country. To receive protection in other countries an application needs to be filed with intellectual property offices in countries overseas that are of interest.

The ultimate protection for your trade mark name is to register it under the relevant Trade Marks Act for your country of business. Just registering a business name or domain name does not provide protection from anyone else using it. If other businesses start using your business name and you haven't registered it under the relevant Trade Marks Act you will have to rely on other trading acts that may not guarantee successful legal action, as they rely on the reputation of the business as to how much your rights to it can be enforced. If a business operates locally rather than nationally and has a good local name, other businesses can set themselves up in another part of the country and can start using your brand name. Because of common law rights, you will struggle to prevent this because nationwide reputations are considered to have more weight.

As branding tactics are becoming progressively more international, companies with a strong local status need to take action to register their trademark names in order to safe-guard their rights to a brand name. When setting up a business, registration should preferably be done as soon as possible so development is not limited. It is important not to presume that a business name or domain name that is available can actually be utilized. It is possible that it could violate another trademark which can prevent the new business from continuing operation. A trade mark can become a valuable business asset and can form part of your succession planning including ensuring that you maintain the registration and keep your details up to date.

Your brand is your business and you need to ensure that you protect it locally, nationally and internationally. In this digital age keeping your trade mark safe is an essential part of your business, you wouldn't run a business without insurance and protecting your brand is just as important.

Attorney Suggestions to Enhance the Value of Your Invention

If you've got a great invention, the last thing you want is for someone to patent it first!

Inventing and innovation is the first step to cornering the market in a given industry. The first person to patent an idea or invention wins. Every inventor is probably aware of the infamous patent war between Alexander Graham Bell and Elisha Grey. Both men had an invention for transmitting speech: Bell beat Grey to the patent punch and as a result, the world knows just one telephone inventor.

Today we live in a worldwide market. Inventors have international competition in the battle to come up with the next great thing. Patent Cooperation Treaty (PCT) patent applications are a considerably affordable way to receive patent protection all over the world for 30 months. This makes it possible for you to boost the value of your invention while keeping the capacity to file in almost all countries until the expiration of the 30 month period.

Note that while filing your PCT patent application with the U.S. Patent and Trademark office (USPTO) gives you exclusive, international rights to your invention, it does actually protect you in any specific country. You will have to file a national application in each country that you want patent protection, even the United States, within the 30 month period.

The difficulty for all but the most wealthy inventors and businesses is that foreign filing of a patent application may well be a very expensive and complicated procedure. Each and every foreign country has its own patent laws, rules, and regulations, in addition to substantial fees for filing and maintaining patents. However, dismissing the world market in an international economy may result in a considerable lost opportunity for your invention and could possibly significantly dissipate the value of your invention and its wider intellectual property worth.

After 30 months, the PCT patent application must be filed in any country such as the U.S., China, Japan or all the European countries with a single filing in the European Patent Office in which you want patent protection. Note that the PCT patent application won't switch to an international patent, since there is no multinational patent at this point.

Even after any U.S. patent filing, you have 1 year to file internationally, such as with a PCT application. If you pass the 1 year filing deadline, you will forever lose all international patent rights on your invention. It is obligatory for you to make the appropriate decision about foreign filing preferably based on a number of business factors.

Patent Attorney tips for PCT applications:

There are a several things you should think about prior to filing a PCT patent application. Contacting with a qualified and knowledgeable patent attorney is a proper first step if you aren't sure what to do next. Here are a couple of general questions to consider:

• Do you strategy to license your invention to a multinational firm? If that's the case, preserving your international filing rights having a PCT application may be critical to their interest in investing in, generating, or using your item or service. Without patent protection, they might not be capable of safe sufficient income to make your invention worthwhile for them to develop.

• Does your company program to sell internationally products or solutions using your invention? If so, without foreign patent protection you could not be able to be competitive.

• What markets do you expect would present a considerable customer base for your product/service now and inside the long term?

• Do you currently get any foreign business, inquiries, or interest?

If your answer is yes to any one such factor, then it is sensible to secure the right to file foreign patents all around the world, even if you later choose not to proceed with the process of getting patent protection. This is specifically what the PCT patent application enables you to do, i.e., defer the decision of if or where to file internationally at a relatively low cost, particularly when compared to the extremely high cost of filing separately in each foreign country.

The PCT patent application gives you time to determine which foreign markets turn out to be the most valuable and worthwhile to apply for patent protection in.

Surprise Surprise, Trade Secrets Must Be Secret

Trade secret misappropriation is a cause of action brought by the owner of an allegedly protectable item or information against another who has improperly accessed, used, or otherwise stolen that item or information. In order to state a claim for misappropriation, one must possess a protectable trade secret. The Uniform Trade Secrets Act (UTSA), which has been adopted by most states in full or with some modification, defines it as follows: information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

It seems simple and logical that what is claimed must in fact be secret. But what does secret mean exactly? Secret means it is not generally known. One can not typically take something that is generally known and start protecting it with passwords and non-disclosure agreements in an effort to transform it into a trade secret, and thus protectable intellectual property. If generally known, it is not a trade secret.

Without a trade secret, you do not have protectable intellectual property. Instead, you have what has been called unintellectual property. Simply put, if the claimed intellectual property merely contains information available on the Internet, available at a public library, or otherwise generally available, it is not likely to qualify as intellectual property. That said, by expending resources to combine several specifically selected items in the public domain in such a way that provides the owner with a competitive advantage, one may be entitled to protection of what is known as a compilation trade secret. Protection as a compilation rewards those that identify, gather, and compile information in such a way that the underlying, publicly available information is transformed into something more. Nevertheless, knowing and identifying what is part of the public domain, and thus not secret because it is generally known and available, and what indeed qualifies as a trade secret is a critical first step for anyone seek protection. Once identified, measures can be put in place to protect its secrecy, such as certain agreements and other security measures. Finally, should an improper use arise (such as an ex-employee leaving with the protected items), one can be in the strongest position to pursue a trade secret misappropriation lawsuit.

Thus, understand the limitations of the law. Perform due diligence, which is easier now than ever given the availability of search engines, to determine whether or not the item or information is generally known. If so, reconsider your intellectual property identification and protection, possibly as a compilation. If not, you may well be on your way to avoiding being the not so proud owner of unintellectual property. It is better to know early so you can adjust what you identify and how you protect it accordingly.

Software Audits - Is Your Company Ready?

According to The ITAM Review, July 4, 2011, Gartner, Inc., a leading technology research company, reported in March 2011 that 61% of their survey recipients were audited by at least one software vendor in 2010. This number was the highest percentage of any comparable Gartner survey. Respondents identified the following companies with the most audits: IBM (41%), Adobe (40%), Microsoft (35%), and Oracle (17%).

These percentages have been steadily increasing over the past 10 years, and that trend is likely to continue for customers of all sizes.

IBM has launched an initiative to audit all customers worldwide while Microsoft has considerably increased audits conducted by its Global Compliance Group.

Why would a company be targeted for an audit? It may have been a disgruntled employee acting out of revenge, or a software vendor decided it was your turn, or perhaps an IT compliance agency such as the Business Software Alliance (BSA) selected your enterprise as part of a random series of audits. The bottom line is that routine, periodic audits are the only way for software companies to ensure full payment for their intellectual property, and they are counted on as a new revenue source when new license revenue is decreasing. Sooner or later, your company can be expected to be selected.

Many organizations mistakenly conclude that they are protected against software audits due to policies that forbid the installation and use of authorized software. But any enterprise can unwittingly fall out of licensing compliance over time for a variety of reasons: annual changes in licensing rules, software company mergers, true-up clauses in licensing agreements, outsourcing, use of new hardware, and many other causes.

Beyond the direct financial costs involved, software audits also impact organizations by disrupting normal business operations, by drawing IT and executive personnel away from the needs of their customers. The financial impact of an audit may include damage to an organization's brand reputation, and can draw the attention of other software vendors seeking additional revenue.

Is your company at a high risk for non-compliance? Gartner has assembled a short list of the following questions to help you make a determination. If your answer to any of these questions is "no" or "I don't know," then your enterprise is at high risk.

1. How long has it been since a meeting was held on contract compliance and asset management?

2. Does the CIO know who is responsible for IT asset management?

3. Are personnel trained in software license negotiation managing the technology contracts?

4. Is there centralized technology procurement within the enterprise?

5. How long has it been since a desktop audit was performed?

6. Are asset management projects funded?

7. Does the enterprise have written procedures on software procurement processes?

8. Does the enterprise have written policies on software licenses that are not legally procured?

If your company receives the dreaded letter from a software vendor demanding an audit, preparing an effective and comprehensive strategic response is vital. Retaining attorneys who are well-versed in software audit defense can be an invaluable resource in setting the stage and tone with the software vendor, structuring the terms of the audit, protecting your company's rights, and achieving the best possible resolution. It is imperative that your legal counsel understands the complete set of resolution frameworks that software vendors use to enforcing their licensing agreements, and just as importantly, where there are gaps and ambiguities that can greatly benefit your company, including avoiding a vendor's "fuzzy math."

If your company has not yet received the dreaded letter, and you are at high risk of non-compliance, conducting a comprehensive review of your existing technology licensing agreements to determine the software vendor's auditing rights is paramount.

Patenting in the Indian Pharmaceutical Industry

Preface

The Pharmaceutical Industry in India has experienced implausible development. The Indian Industry has been able to formulate all essential drugs covering a wide range of therapeutic groups. The industry also has the potential of producing adequate amount of bulk drugs for worldwide export. Patents in pharmaceuticals play a significant role in bringing new products to market. Patent protection for pharmaceutical products is more essential in contrast with other industries because the actual manufacturing process is easy to imitate and can be replicated with a merely small investment than that required for the research and clinical testing.

Indian Law & Trips Compliance

Patent Act of 1911 facilitated patenting all the known processes of manufacturing a drug. Later Patent Act of 1970 excluded patent protection for pharmaceutical product and allowed granting of patent for only one process or method used in the actual manufacturing for a period of 7 years. This act provided Indian manufacturer the benefit to make patented drugs by other method and market them in India. The scenario again changed when India being a signatory to WTO was obliged to comply with the provisions of TRIPS to incorporate product patent. Additionally, with this agreement, the patents will provide the rights of protection for 20 years. For developing countries including India, a transition period of 10 years from 1995 to 2005 was provided to integrate the laws. In this view, India introduced "mailbox" provision so as to provide inventors a means of filing applications for pharmaceutical product during the transition period and which will be examined upon termination of the transition period. Further, Exclusive Marketing Rights were granted for a term of 5 years in the transition period. Thus, the mailbox provision permitted Indian applicants to file for patents and thereby establish filing dates, while at the same time allowed India to differ the granting of patents for pharmaceutical products. Still, another concern was regarding the availability of drugs in poor countries. This issue was addressed by introducing compulsory licensing as a requirement laid down under Doha declaration of TRIPS Agreement. Compulsory licensing of pharmaceutical products allowed member countries to issue compulsory license to export generic versions of patented medicines to countries with insufficient or no manufacturing capacity in the pharmaceutical sector. In developing country such as India, compulsory licensing is probably the most effective safeguard against the potential abuse of monopoly by patentees.

Current Scenario

Due to legal and regulatory changes in the Indian pharmaceutical industry, pharmaceutical companies have adapted well and have evolved as globally competitive companies. Indian companies have continued to invest extensive resources in the development of generic drugs thus establishing themselves as leaders in the global generics business. Today Leading global pharmaceutical firms are confronting difficulty as a major number of patents for branded drugs will be expiring over the next few years. Generic drugs are 40 to 75 percent cheaper in costs as compared to patented drugs and provide higher profit than branded drugs. Once the patent expires, each product's individual characteristics and market position will affect its market share. Consequently Indian pharmaceutical companies have the opportunity to gain a larger share of the growing generics market.

Indian Statistics

IP scenario of Indian Pharmaceutical Industry has changed significantly since 1st January 2005. The innovation capability of the domestic pharmaceutical industry has witnessed an increase in both, research and patenting. The number of patent applications filed in the Indian Patent Office has consistently increased with annual growth averaging 9% per annum from 2005-2010. Over the entire period a total of 16459 applications in Drugs have been filed. The leading players in the Indian pharmaceutical market comprise both India-based and MNCs. Top 10 Assignees who have been granted maximum number of product patent by Indian Patent Office during 2005-2010 includes Aventis Pharmaceuticals (190 Patents) followed by Roche (146 Patents) and Novartis (136 Patents). India's leading pharmaceutical companies are competing not only in the domestic market, but also in the global market for both generic drugs and original products. India's top five pharmaceutical companies, who have been granted majority of product patents from 2005-2010 are Glaxo, CSIR, Dr. Reddy's, Cipla and Cadila. These companies manufacture a wide range of generic drugs (branded and non-branded), intermediates, and active pharmaceutical ingredients (APIs).

Conclusion

The change in pharmaceutical patent system became precursor for variation in industry dynamics. The changing industry dynamics both at the domestic level as well as the international level has forced the pharmaceutical players to reevaluate their conventional business strategies. India with its essential competitive advantages remains as one of the most preferred outsourcing destinations and now is playing a vital role in manufacturing as well as drug development chain of various innovator companies.

The Internet and Protection of Your Rights - How Copyright Solicitors Can Help

You spend a lot of time updating your website with well-researched information and putting up personal photos to ensure that you continue to receive lots of hits.

The complete package of quality articles seems to be just what readers are looking for, however this increase in popularity has you suddenly concerned about protecting your content.

You've heard about the Creative Commons license but realize this is not enough protection as there is still nothing legally in place to prevent people from copying your content, including your beloved personal images. You can apply a No Copy script into your website, but even this is not foolproof.

If you seek foolproof copyright protection, this may be the perfect time to get advice from copyright solicitors. When it comes to copyright and the Internet, there are some clear-cut rules that can be a good starting point for sorting out possible copyright infringements. The simple version of the rule, according to the Berne Convention, states that images are covered under the copyright law in the country of which they were created.

For example, this means if someone from the United States downloads, without your permission, an image from your UK website, they have committed a copyright infringement. The reason it is a copyright infringement is because it is illegal to import or download material into the United States.

Proving downloaded articles and images from the Internet are a violation of copyright can often be confusing and a rather tedious task to establish. This is because the onus of proving where the material was downloaded from, as well as where the content was stored, can be difficult to verify.

This can be challenging in instances when your UK website is set up with your home address in London, however the text and images you have created are stored on a web server in Canada, which has been illegally downloaded by someone in the United States.

This is the time to contact a copyright solicitor. Copyright solicitors will be able to professionally advise on the next steps that can, and possibly should be, taken. They will explain the importance of having your public works protected with the copyright symbol ©. They will be able to explain and provide insight to International Copyright laws, such as those of the Berne Convention.

The Internet is a constantly evolving branch of our time. As people become more dependent upon it, as more business flock to cyberspace and as more bloggers create material, the rules of the Internet will need to be adjusted accordingly. Don't be afraid to ask your copyright solicitor any questions about the Internet. New laws come into practice on a regular basis and are a continual learning experience for everyone.

Intelligence Agencies Creating False Targets Internally Justifying Surveillance

Running a think tank is quite an interesting profession, and I don't consider it for myself a profession because I am retired from a much more dynamic industry in my opinion. Formally, I was a franchisor, setting up franchised outlets in over 23 states. Still, it is nice to be privy to interesting information, and along the way of the intelligence industry too, and what a big industry it is. Recently it's been called The Intelligence Industrial Complex, and apparently that title fits.

In any case, I've noted that we are sharing intelligence globally with other nations. Today these nations may be our friends, in the future they may not be. Nevertheless they will have collected lots of information on US citizens. That information is being accessed by foreign intelligence agencies, some of which may have been infiltrated by spies from rogue nation-states. Now then, it's not that they cannot find lots of information about Americans, as they open and freely post their personal vital signs on places like Facebook, however it should be a concern to all of us.

Further, running a think tank is interesting, because I note often enough, people contact your organization who are not exactly what they claim to be, or using false identities to get information. Even small bits and pieces of information can be pieces to a puzzle, and of value to foreign spies, corporate industrial espionage agents, and/or those who are very much against American capitalism, along with the freedom, liberty, and pursuit of happiness that we allow our own citizens.

They don't want that in their country, they want to control their people, for if they don't the people may have it off with their heads, and they are aware of those potential eventualities and consequences as per history. Now then here's a real problem, a foreign nation has information on US citizens in high-power, and in charge of important projects. That information is accessed by double agents and spies from rogue nations. Then those rogue nations and their spies, which are being tracked by our CIA contact the individuals, contact these good Americans to get information..

The CIA then notes that someone from the United States is in contact with the spy from another country, therefore puts them on a watch list. Then someone from the CIA or another US intelligence agency tries to infiltrate the groups, businesses, and activities of the US citizen who might potentially be compromised in the future, not knowing who side that US citizen is on. Therefore our intelligence agencies are inadvertently creating false targets to internally justify additional surveillance.

The more information they learn about foreign spies, and who those spies are talking to in our country, or rather trying to talk to, the more people we end up putting on watch lists who happened to be decent, honest, and unbreakable US citizens - and as the list grows bigger and bigger those intelligence agencies need a greater budget all the while defending their current surveillance programs. This is become somewhat of a challenge, and it's too bad we don't give our US citizens more benefit of the doubt, and if we know of foreign spies, maybe it's time to get rid of them, before attempting to label an American citizen as a spy, or a potential hazard.

Now then, I'm not criticizing anyone or any policy here because our nation is a great nation, we have a lot going for us, and we must protect all we are and all we've built. That is absolutely paramount, nevertheless how we go about that is equally important to maintaining our rights as citizens, and the freedom, liberty, and pursuit of happiness we claim as our foundational mission statement.

Otherwise, we don't have anything worth protecting. Do you see that point? Indeed I hope you will please consider all this on a purely philosophical level, without shooting the messenger, or jumping to conclusions or taking sides.

Vannevar Bush's Concept of Recording A Life Comes One Step Closer

Who owns all of Leonardo da Vinci's inventions, innovations, and art? I would submit to you that it isn't his families anymore, nor does anyone feel that he owns it personally. The actual drawings and notebooks have been sold to a wealthy individual, but all of those drawings are available in digital form. The art is owned by collectors, and yet, we've all seen pictures and renderings of his greatest works from our current period's point of view.

We all now believe that all his life's work belongs to the world, but I would like to ask you a philosophical question; when exactly did it become the world's to own and exactly how long after his death and thus no longer belonging to his family, offspring's ancestors? That is a fair and legitimate question, and today we tend to believe that 50 years is a fair number, but who's to say what that might be in the future?

If your personal life's work and your information is stored in the cloud, at an IT data center, and you pay a given price for this service, but then you fail to pay or you reneged on your payment program, then who owns that data and information? What if you are sued, and you file bankruptcy, and the court decides that the information you have stored in the cloud has monetary value in the amount of? And what if they then grant that information to the winner of the lawsuit? What if you can't pay your bill, is the data center to erase all of your information, are they required to store the information until which time you can pay?

If you rent a storage space and you fail to pay, they don't wait until you can pay, after so many months they allow people to come and it is auctioned off, whatever is inside the storage unit, to help pay the bill and the lost revenue to the storage company. If you have scrapbooks in there, or personal keepsakes; tough luck. Okay so, why do I bring this up? Because I believe Vannevar Bush's concept of recording a life, something that Bell Labs was working on around the time that the Internet was being invented is almost upon us.

In other words everything about you, everywhere you go, every movie you watch, every music piece you listen to, every time you go to sleep, wake up, and everything you read will be recorded. Perhaps you don't mind, because you will have access to this information, and your life will be completely digitized, and there is a benefit to that, to the user, or the individual living their life experience in this case. Okay so, let's take this one step further.

There was an interesting article recently in MIT's Technology Review titled; "Microsoft Builds a Browser for Your Past - Prototype software called Lifebrowser uses artificial intelligence to help you revisit important events, photos, and e-mails from your own life," posted by Tom Simonite on March 15, 2012. The article stated:

"Mining personal data to discover what people care about has become big business for companies such as Facebook and Google. Now a project from Microsoft Research is trying to bring that kind of data mining back home to help people explore their own piles of personal digital data. Software called Lifebrowser processes photos, e-mails, Web browsing history, calendar events, and other documents stored on a person's computer and identifies landmark events. Its timeline interface can explore, search, and discover those landmarks as a kind of memory aid."

Now then, if your entire life has been stored, digitized, and recorded then I ask; who owns it? Do you own it? Because right now if you post something up on Facebook, their terms and conditions of use might not answer this question in the way you'd prefer it to be answered. In fact, they may own it too, and if they do they can use it in any way they wish, within the new privacy laws and regulations that is. If you store your information on another system, or your personal data is in the cloud, then the people that run that data center have complete control of your life experience, and everything about you.

So who owns it? And if you own it, how long do you own it for - until your death, until you file bankruptcy, until the day you can't pay for some reason, perhaps you have a medical issue? And if you do own it up until your death, for how much longer do you own it, and when might they take your life experience, and share it with anyone who wants to go through it? What if you are famous person, and the world like to know more about you in the future after your death, should they be allowed to view it, should people be allowed to go in and search through your life experience?

And who should be able to do this, your offspring, your family, future generations, or just anyone? These are all futurist questions we must ask ourselves today, because tomorrow starts sooner than we might have imagined. Please consider all this and think on it.