Many people are unsure as to what types of intellectual property fall under copyright law and what fall under trademark law.
This is something that your copyright lawyer will be able to explain to you more fully if you ever have a problem in this area, but for a brief overview of what they both are and the differences between the two of them, please read on.
One of the main differences between the two of them is in what they actually cover. If you speak to your copyright lawyers, they will be able to tell you that copyright refers to content that has been recorded in some way. This could include audio recordings, films and other broadcasts, works of art, works of literature, corporate literature, computer programmes and more. It does not, however, include titles or names as they are seen as being too general. It also doesn’t cover ideas; it only covers physical content created.
Trademarks, by contrast, cover things such as names, slogans, designs, symbols and other things that identify a specific organisation or product. Another big difference between the two of them is that copyright is an automatic international right, whereas trademarks require registration and tend to apply to a specific nation or territory. This is a difference your copyright lawyers will be able to explain more fully.
If you use a trademark, you will also be permitted to use ‘TM’ to signify that it is a trademark, or if you register it you’ll be able to use the ® sign (although you must never use this unless you have actually registered your trademark as this is illegal). If you do register your trademark then you should bear in mind that it can take up to 18 months to be processed, although it will normally be much faster.
While trademarks tend to only apply to specific territories, there is now a Common Trademark that covers all EU countries. Your copyright lawyer will be able to advise as to whether asserting your automatic right to copyright is enough or whether you would be advised to register a trademark to protect a specific part of your work. This will generally depend on specifically what you are looking to protect and what is contained within it.
You might, for instance, be able to trademark a specific part of a larger copyrighted work (such as an identifying symbol that otherwise might not be protected), and this is something copyright lawyers will be able to advise you on.…
Many people are unsure as to what types of intellectual property fall under copyright law and what fall under trademark law.
When is probate necessary?
There are a number of circumstances when Probate will be required:
– Bank’s or building societies can request that probate is obtained before they will allow access to accounts. Each bank or building society will determine at what value they want to set the limit. Typically this limit may range from £5,000 to £30,000.
– If the deceased held stocks and shares, regardless of the value, Probate will be required before they can be transferred or liquidated.
– If the deceased owned any property, either in their sole name or as a tenant in common, Probate will be required in order to transfer ownership of the property or to sell it as part of the estate.
In some cases the deceased may have benefitted from a Trust. If so Probate will be required.
When is probate not required?
– There are instances when Probate may not be required, typically when a deceased’s assets (money and property) are worth less than £5000. However if in doubt it is worth seeking legal advice.
A professional legal organisation like Co-operative Legal Services will handle the process of Personal Representation on your behalf.
Who can apply for Probate?
You must be in possession of a Grant of Representation to give you the authority to administer and distribute the estate of the deceased.
There are 2 main types of Grant of Representation:
o The Grant of Probate, where there is a Will
o Letters of Administration, in situations where there is no Will
Where there is a Will and Probate is required then the Executor or their nominated Personal Representative would apply to the courts for the Grant of Probate.
When Probate has been provided by the Court those named in the Grant of Probate are liable for the distribution of the deceased’s estate in accordance with the wishes of the deceased as set out in a valid will.
When there is no Will (Intestacy) then the person(s) appointed to administer the estate is known as the Administrator(s). Their appointment follows the strict Rules of Intestacy, in the following order of priority:
o Surviving spouse or registered civil partner (but not common law spouses, partners or cohabitants)
If you are unsure or have any doubts about who can administer your estate, you should seek professional legal advice to determine what needs to be done next.
How do I apply for Probate/Letters of Administration?
Consider carefully whether you want to take on the responsibilities of Executor or Administrator of the estate before you make any application to the Court. These legal, tax and administrative responsibilities can be numerous and time-consuming as well as challenging. If you are in any doubt as to your abilities to undertake such a demanding task then please get in touch with a suitable legal organisation.…
As virtually every car owner can guess, the best way to prevent a DUI is to refrain from driving when you’ve been drinking. Although that may seem like common knowledge, there exist many people that think that they are capable of driving while under the influence. Erratic movement between lines, slower response time or an anonymous phone call from a bystander can potentially result in reasonable suspicion through a skilled police officer’s eyes. Would you recognize how to proceed if you were pulled over by the police?
As the officer comes to your car, stay in your car or truck with your hands easily visible, and furnish the authorities with your Valid ID and vehicle registration. Although you shouldn’t offer more information than you are asked to provide, try to answer any inquiries in a way that’s courteous and composed, and if told to step from the car, do it.
The officer may wish to administer the Standard Field Sobriety Test, and this you have the legal right to refuse. He or she might then request that you receive a preliminary breath evaluation, which you might also decline with no further legal implications. With you having turned down the officer’s option to assess you, they will be left with mainly visible tips – your physical appearance, ability to drive risk-free, general recognition, capability to stand or walk – to determine a probable reason to detain you.
If you are arrested, the officer will take you to the station where you might be administered either a blood or breath alcohol content test. While you can deny the testing, this may appear to a judge as an ‘unreasonable’ refusal, which could result in a 365-day revocation of your license, without the possibility of a restricted license. If you agree to the blood or breath test and are convicted, you may still be given a restricted license. Respectful conduct and a willingness to comply are looked at positively by police, but you should have your own legal rights close in mind.…
The word Lawyer generally describes anyone who gives legal advice or is learned in one or more areas of law. The term lawyer then is used to describe, solicitors, barristers, legal executives; it is used to describe the legal profession.
Traditionally solicitors will take on cases and advise clients, sometimes representing them in civil and criminal courts, other areas of law include dealing with wills, family law, buying and selling of houses etc.
Barristers are often referred to as counsel, this could be junior counsel or Queens counsel, Queens counsel are often selected because of their expertise and experience in specific areas. There was a time when barristers had sole rights to appear in the High Court, the court of appeal and the House of Lords but this is increasingly not the case.
The biggest challenge facing most lawyers/barristers is that the law is changing constantly, in some areas of law more than others. Certain skills are necessary to be a good lawyer, these include:
AÃ¯Â¿Â½ Good information gathering techniques,
AÃ¯Â¿Â½ An analytical inquiring mind- with the ability to pay attention to detail,
AÃ¯Â¿Â½ The ability to draw out specific details from a mass of information,
AÃ¯Â¿Â½ Excellent communication skills, including, written, listening and verbalizing skills,
AÃ¯Â¿Â½ Problem solving abilities,
AÃ¯Â¿Â½ Working under pressure, and meeting deadlines, (not for the fain hearted),
Barristers need all of the above skills, plus a quickness and deftness of mind, the ability to persuade and argue a case, confidence, with an aptitude for public speaking, and last but not least, the ability to forge relationships with a wide range of different people.
Solicitors form the largest part of the legal profession with approximately 100,000 practitioners. Their main role is to advise individuals and organisations on legal matters, generally problem-solving.
There are approximately 15,000 barristers in England and Wales, 80%, of which are self-employed (independent), the employed bar consists of counsel working in-house within companies, charities or government organisations. The majority of their work is based on handling litigation-advocacy on either civil or criminal cases. It used to be that a solicitor would instruct a barrister on behalf of clients; this is no longer the case, members of the public, commercial and non-commercial organisations are now able to instruct barristers directly. Regulation of barristers in self-employed practice has been amended to permit barristers to undertake work on direct instructions from lay clients, without the need for a solicitor or other professional client to be instructed.…
If you are thinking of becoming a franchisor or franchisee, or if you are already involved in a particular franchise, you are highly likely to need the services of a franchise solicitor.
This article looks at how a franchise solicitor can help you and why you should definitely make sure you have a team of specialist solicitors on your side – and ones who can provide a wide range of legal support including intellectual property advice.
One of the main reasons for using a franchise solicitor is that they will be able to provide you with specialist advice. Making the decision to become either a franchisor or franchisee is not one to be taken lightly and so it definitely pays to be informed and make sure you have explored all of your options before taking the plunge.
For instance, franchising solicitors will be able to help parent companies decide whether to expand through franchise or whether there are other, more beneficial options that they should explore as becoming a franchisor isn’t right for everyone. Solicitors will also be able to advice would-be franchisees, making sure they know their rights and responsibilities and making sure that they have the financial ability to buy into their new business before going ahead.
Drafting new agreements
Another key role of solicitors is to draft new franchise agreements. This is really important as all agreements need to abide by UK law, European law and the relevant code of ethics. This means that agreements have quite a lot to take into consideration and so the services of specialist solicitors will be invaluable.
Reviewing and terminating agreements
Agreements also need to be reviewed from time to time to make sure that the contracts are still relevant, up-to-date and cover all appropriate eventualities. This is something else a franchise solicitor will be able to do, as well as providing assistance in the event that an agreement needs to be terminated.
Intellectual property [or IP] incorporates issues such as business trade name, trademark, other branding and any other material associated with the business. This could include training materials or perhaps a particular model of business, what the code of ethics refers to as ‘know how’. It is important to get specialist intellectual property advice so that the right arrangements are in place to make sure the owner of the intellectual property (normally the parent company) is protected, but that the franchisee can also operate under the relevant brand without hindrance.
If any franchise disputes were to occur, a solicitor would also be able to assist to help resolve them, meaning that the role of the franchise solicitor is both varied and immensely important when trying to create a successful franchised business.…
If you are wondering who was documenting everything you say in a court of law you are thinking about court reporting. These professionals have been trained to keep up with the native tongue of the environment they are observing. While having a great grasp on the language being spoken is impaired his you also need the capacity to type several words per minute.
There is a great demand for individuals who have the ability to document words that are being spoken under oath. The information ascertained in those documents are used for a number of legal issues. Being able to discern the truth from a fable is the responsibility of the judge presiding over the case being presented; and it is the court reporters responsibility to ensure that the judge has accurate information.
Taking the time to truly understand what the job requirements entail for this particular profession can be easily clarified by spending time in the courtroom. While the recorder might be providing eye contact to everyone who is participating in the case they are constantly typing everything that is being said. Having the capacity to multitask in this way has proven to be a very advantageous career choice for a number of detail oriented individuals.
The job can be physically demanding someone will need to be in top shape in order to satisfy the daily requirements. Carpal tunnel is something that a number of individuals struggle with when they type to make a living for themselves. This has proven to be one of the most challenging aspects of the job as there is a lot of strain placed on the wrists. Working closely with a physician has proven to be one of the best ways to help manage the condition and the probability of pain.
There are a number of teenagers who work diligently to increase your typing speed. Then there are those who do not mind the process of not being able to type more than a few words a minute. Either way the goal that most are aspiring to achieve is to produce projects and reports that will get them positive markings. The art of writing has gone from papering pen to challenging a number of individuals to embrace what advanced technology has to offer.
Grandparents are strongly adorable when they are in a position where they are allowing their grandchildren to help them work through their computer challenges. Many of them get over their fear of being unknown with the loving support of their family members. It is truly a gift to see this type of role reversal as the children who are teaching their elders understand the importance of patients within the process.
The types of work available to this field are very broad and flexible for those who are interested in making a substantial amount of money on their own time. One is not just limited to a court of law as there are a number of other venues like podcasting for the hearing impaired and in-house depositions for attorneys. There is even a way for an individual to be beginner career by taking an online course if they find that they are restricted on time.
Court reporting is a career choice that anyone can explore whether they are fully employed or not. They have online trainings as well as on-site class availability to those who want to reinvent themselves with this profession. Aligning yourself with the right resources can lead you to experience saying a very rewarding career path.…
Should you be the victim of an accident that just simply was not your fault and you have received an injury then you should really try to talk to a personal injury lawyer. They are able to tell you if you are going to be eligible for receiving compensation from whoever is deemed to be responsible either directly or through negligence for causing your injury. It is therefore important that you make sure you get the best possible lawyer so here are a few tips for you.
First of all you should do a search online for your location. You are going to be faced with links and adverts for companies who specialize in this type of case and they can be based anywhere in your country and not just in your home town.
It is best to get someone who specializes in these kinds of cases as they are going to be aware of all the ins and outs which is going to give you the best possible chance of winning. But before you pick a lawyer it is best that you really look into their background.
It is important to know how long the company has been established as then you know you are going to have a wealth of knowledge to learn from. This is stuff that cannot be learnt from a textbook and they are going to have seen every possible trick in the book from the people you are suing as they try to get out of paying you compensation.
You should still check that they belong to organizations or associations that are linked to lawyers within your area before you use anyone. This is going to help you to know that they are not only qualified but also certified by the appropriate authorities so you know they are going to be reliable and if you have never heard of the association then simply look them up online.
It is always a lot easier if you know someone who has also had to use a personal injury lawyer as you can at least then ask them who they used. A personal recommendation is beneficial as you can ask them all kinds of questions especially those connected to the relationship that they had with the lawyer.
This is important because you need to feel that you can trust the lawyer and the advice that they give. It is entirely possible that you may never meet them face to face but even with this they can still be a good lawyer to use. The only difference is you need to ask them even more questions on the phone.
When it comes to the costs that can really rack up with a lawyer you should try and get one that offers a no win no fee deal.…