Banca intellectual property law firm [New Research]

Last updated : Sept 22, 2022

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the IP strategy becomes even more crucial in a fierce competition and long term crisis business environment what to do in order to protect a trademark a patent another intellectual property writing forms especially if I feel at risk that a competitor would like to copy paste night problems the trademarks and patents have to be fined and pending before the French patent and trade office in p whereas copyright and software programs are protected under another scheme there are some specific steps well summarized on the asti to national appropriately industrial websites in order to protect and then to evidence objective principally documentary proofs of any count of eight nevertheless as a preamble an initial check should always be carried out to ensure that the products at stake are protected on the patterns trademark copyright currently pending in france involves the relevant authority to file IP rights in the is the french patent and trade office called the Incan city nacional de la camita understeer which allows as well to check priorities on its own databases in order to evidence a pattern cutter fades one example of a particularly powerful prior step is the orchid I fantasize econ professor an ex parte counter faith evidence seized petition filing for an expert a petition with the presiding judge of the high district or civil court seeking authorization for a bailiff a campaign by a police officer as well as a technical judicial industrial expert such called order allowing the claimants babe to break in the competitors business premises with a right to collect evidence of any alleged infringement the case must the rafter come before the relevant counterfeits specialized codes apparel at regime song with a view to an intra exporter hearing and the defendant may of course see damages EV exported steps were not carried out into a prescribed legal manner and if they fail to produce evidence of infringement you

Thanks for your comment Merle Wolf, have a nice day.
- Murray Arroyd, Staff Member

hi everyone I'm attorney aid in Durham with 180 loco in Denver Colorado and you're watching all up in your business on this episode of all up in your business we're gonna talk about intellectual property breakdown the four different types of intellectual property I'm going to tell you about why it matters and why you should care before we get into it please be sure to LIKE subscribe and share and check the description for a link to download my free guide three tips for trade marking your brand alright so intellectual property what is it it's an intangible asset it's a thing it's a piece of property like any other property when we're talking about intellectual property of a business this is an asset of the business just like the businesses real estate or equipment or any other asset they may have intellectual property is one of those assets there are four different types of intellectual property copyrights trademarks trade secrets and patents copyright is a form of protection that's provided to the authors or creators of any original works of authorship in other words copyrights protect creative works works of art literary works things like that typically a copyright will last for a pretty long time in most cases the copyright lasts for the entire life of the author Plus 70 years after the author dies and when I say author that means whoever created the thing whoever created the work that the copyright exists in once that person dies then the copyright exists for 70 years following their death now when we talk about copyrights there are common law copyrights and then there are federal registered copyrights a copyright exists under common law as soon as you create that original piece of work so without doing anything else if you paint a painting or if you film a movie or record a song as soon as those things are created the copyright exists under common law and what that means is that no other person has the right to copy it copyright it's the right to copy the piece of work and copy it or distribute it or modify it or use it in other ways those things those rights apply to the copyright holder however registering the copyright with the US Copyright Office gives you another level of protection over your copyrighted work and it also gives you additional rights in damages if there's an issue of copyright infringement so the things to know for copyrights is that it applies to original works of authorship creative works works of art things like that it lasts for the entire duration of the author's lifetime plus 70 years the second type of intellectual property is trademarks a trademark is any word symbol design device or any kind of combination of those that are used to identify the source of goods or services so when we think trademarks we typically think of business names business logos things like that things that we see and we know the source of that product or service that's a trademark and a trademark can be really anything that is used to signify the source of a good or service so again this can be words like a name or symbols like a logo even designs like trade dress is a trademark as well trademarks can also include sounds or smells again anything that is used as a source indicator for the goods or services is a trademark and the trademark having trademark rights is going to prevent your competitors from using the same or a similar trademark for same or similar goods or services and a common misunderstanding with trademarks and trademark law is that a trademark gives you ownership over a word or a design or something and that's true but only to an extent with a trademark you don't have carte blanche blanket ownership over that trademark your rights really only apply to how you use it and your goods and services so if someone else wants to use a similar trademark for a completely unrelated business or completely unrelated goods or services from how you're using it then that trademark rights and that trademark protection may not cover that additional use so the point is that the trademarks are really specific to how you use it or how the trademark owner uses that trademark rather than being just a blanket ownership of the word or the mark itself now trademarks can potentially last forever they can be indefinite once a trademark is registered there are renewals that are due pretty much every 10 years but as long as the trademark is continued continuing to be used and those renewal filings are made then the trademark can last indefinitely and again just like with copyrights trademark rights exist under common law as well as soon as you start using a trademark in commerce for your goods and services under common law you have trademark ownership and trademark rights typically in your geographic area and specific to the goods or services that you're using so those rights do already exist but they're much narrower and much weaker than the rights that would exist if you had a federally registered trademark with the USPTO the US Patent and Trademark Office so when we talk trademarks we're talking words symbols designs that are used to signify the source of a good or service a lot of times there can be overlap between copyrights and trademarks because often a go we'll have some artistic or design element to it that can be copyrightable as well but at their core copyrights and trademarks are two very different things the third type of intellectual property is trade secrets this might sound a lot like trademarks but trade secrets are actually quite different a trade secret is any information of a business that provides some economic value to the business but that's not in the public domain and is generally kept secret so trade secrets will often apply to things like internal processes or systems customer lists formulas or methods a really common trade secret that you might think of is with KFC they're you know blend of 15 herbs and spices or whatever it is that blend is KFC's trade secret they don't release that information they try as best they can to keep that a secret because it is a trade secret of there's a similar one would be like the formula for coca-cola I believe that's a trade secret - they don't let that out they don't let a lot of people know about it so any form of information that has an economic value that you wouldn't want other people to know about is generally gonna be a trade secret the most important thing with trade secrets is that they are a secret so it can't be a trade secret if it's something that you know everyone knows about or that people can find out about online so like your prices if you list your pricing on your website then your prices aren't a trade secret but if you have some really novel or creative way a formula or an algorithm that you use to determine your prices and that formula that algorithm is something that you developed and you're not telling anybody but about it and if other people found out about it then you know they would be able to take advantage and use that to their economic value so something like that the algorithm that's used to arrive at your prices that might be a trade secret but agai

Thanks Bert your participation is very much appreciated
- Murray Arroyd

About the author

Murray Arroyd

I've studied scheduling at New England College in Henniker and I am an expert in physical education/sports coaching. I usually feel naughty. My previous job was airport design engineer I held this position for 22 years, I love talking about fingerprint collecting and fantasy sports. Huge fan of Albert Camus I practice shuffleboard and collect cheese labels.