Intellectual Property Management & Budget Cuts - Have Your Cake and Eat it Too!

May 31st, 2009

Unless you’ve been shipwrecked on a remote island in the South-Pacific, you are probably aware that we’ve got somewhat of a global economic downturn on our hands. While no one really knows how long it will last, everyone can attest to the fact that it is having an effect on what had become a fairly comfortable state of “business as usual.” Already we are seeing the all too predictable rounds of budget cuts and layoffs at many companies in a multitude of industries.

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USTR Releases Global Intellectual Property Agenda

May 30th, 2009

The U.S. Trade Representative recently released its “Special 301” annual report to Congress which outlined the Administration’s global intellectual property agenda. At PhRMA we believe that maintaining global incentives for research and development of new medicines is essential for the continued development of treatments used around the world to help improve the health and lives of patients. The importance of these incentives is underscored by the current threat of a pandemic health emergency and the need for new, innovative antiviral products.

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Avoiding the Scourge of Online Plagiarism - Is There Any Way Out?

May 29th, 2009






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Defining Plagiarism   What exactly is plagiarism? In essence, plagiarized material is stolen material. Something is plagiarized when proper attribution (credit) is not given for words, concepts, theories, etc.   By all accounts, plagiarism is a scourge throughout the Internet world. In part this is due to the fact that all types of material is available almost instantaneously by doing even the simplest type of web search. It is very easy for freelance writers and other persons to scrape and reuse this content. In fact, a great deal of the material available today on the Internet is simply information that has been recycled over and over again.  

The Loss of Intellectual Property?   Closely related to plagiarism is the concept of intellectual property. Basically a capitalistic idea, the concept of intellectual property envisions that the original creator has a right of ownership over that which they have created. Not all societies have endorsed this idea; however it is the dominant concept in Western societies, and especially in the realm of law.   In layman’s terms, plagiarism is wrong because it inevitably results in the loss of intellectual property. When proper attribution is not given, the rightful “owner” or “originator” is not given acknowledgment of their work and efforts.  

The Two Forms of Plagiarism   For our purposes, we understand that there are two similar, but different, forms of plagiarism. One type of plagiarism is the stealing of your website content. This occurs, of course, when someone visits your site and “borrows” its contents without permission. This form of plagiarism can take various forms, including the outright stealing of verbal content (words), the use of images, charts and diagrams, or illustrations and artwork, or even the referencing of certain unique concepts and ideas that may be discussed on your site.  

The other form of plagiarism that often occurs online is when you steal another sites content. When might that happen? Assuming that you would never do such a thing directly for yourself, this might occur when you employ of others to prepare Web pages, articles and other types of online content (i.e., blog postings, photos, etc.). Far too many site owners have “assumed” that the articles, site pages and other information prepared for use on their site represent the writer’s / developer’s work and no one elses’.  

Some Suggested Solutions   Of course, the real need here is to prevent the loss of your own, or someone else’s, online content. How can we begin to attack and beat back the scourge of plagiarism of online content?  

1. One very useful tool is the copyscape website. Functioning in a way similar to a search engine, the use of copyscape will allow you to check your own sites content. You can have this excellent service continually monitor the content of individual web pages, or even an entire site — and they will notify you if content on your site is detected on any other Internet webpage.  

Many people are not aware, however, that for a small charge you can take content that has been prepared for you by freelance writers, web designers and others and submit it to the copyscape service. Doing this will help to ensure that you will not be inadvertently contributing to the problem of online plagiarism by posting material that actually belongs to others.  

2. Another useful tool is Google alerts. These are also set up similar to a web search — through the use of a Google alert you can harness the power of this extremely powerful search engine. You can set up a Google alert to be run on a weekly basis on any type of text snippet you desire   For example, you can set up a Google alert on your business name, personal name, brand names, or other unique identifiers. Google sends you an e-mail with the results, including webpage URLs where the plagiarized content may be located.  

According to some sources, one of the greatest problems on the Internet today is the proliferation of plagiarized content. Let’s all do our part: let’s keep an eye on our own content (going after the content thieves where necessary), and also make sure that content that is prepared for us has not been stolen by freelance content providers looking to make a quick buck.  

Howdy…Let me introduce myself. My name is Slim Walker, and like you, I have had a lot of online content prepared for me over the years by various freelance writers and others. And, like you, I have been “stung” by content providers who gave me material that was, in fact, stolen from others. But no more! Now I use a writing service that GUARANTEES that all of it’s content is 100% unique, all the time. What a refreshing change! Interested in finding out more? Then feel free to visit my site at FindAGoodWriter.com

(http://www.FindAGoodWriter.com/) . . . There is no cost or obligation for doing so, but I gotta warn you — it might just radically change how you get freelance writing talent for your next online content project!

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Juristic determination of Well-known Trademark

May 28th, 2009

Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademark began to implement since May 1st, 2009. The judicial interpretations will have profound effects on protecting the well-known trademark as well as the healthy development of brand strategy. Since 2001, well-known trademarks can be protected through both administrative proceedings and judicial proceedings. However, due to some influences from economic factors, social environment and concepts, the original idea of well-known trademark has been distorted1, some operators even take advantage of this justice system, seeking inappropriate commercial purposes. The juristic determination of well-known trademark could be completed in the trial unit over Intermediate People’s Court without any quota restriction; what’s more, well-known trademark could take into effect through court proceedings and judgment, as long as there is an actual infringement case. Thus, the juristic determination has been regarded as a relatively simpler and faster way than administrative recognizing. Therefore, China’s well-known trademarks increase sharply in recent years, and most of them are authorized through judicial means. Proceeding from the national conditions, by improving the mechanism in judicial protection on trademarks, government should not only strengthen the protection on the trademarks which comply with the statutory conditions according to the law, but also prevent operators applying recognized trademarks as a tool for pursuing honorary title improperly. That the scope of juristic determination of well-known trademarks is ambiguity, standard and scale of recognizing or protecting scope is not uniform is one of the main factors lead to the improper meanings or purposes of well-known trademarks. Based on this, from the concept of well-known trademarks, applicable scope, determining factors, burden of proof and protection requirements, this judicial interpretation has adjusted the extrusive issues reflected from the practical juristic determination of well-known trademarks. This article aims to introduce the changes and adjustments in the applicable scope of the juristic determination in this judicial interpretation.

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Litigation in Indian Court

May 27th, 2009

There are several professionals who can help you with litigation matters in India. You can avail professional services from them that can help you throughout the country with regards to civil, corporate or even criminal matters. These professionals are well experienced in conducting huge and complex corporate litigation matters in the country. Regarding criminal matters, these professionals can handle all the criminal writs including writs to quash bail matters or FIR in an Indian high court. These professionals can also handle civil matters in which the services offered are, recovery of suits, stay and injunction, property related matters, will, and several other matters.

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Piracy – The Bane Of The Digital Age

May 26th, 2009

Copyright infringement is a very serious issue that is plaguing the modern world. Many individuals engage in piracy unknowingly because they have got used to downloading things for free on the internet. However, there is no difference between this form of piracy and any instance of petty theft. Piracy is a serious issue and it has serious consequences. There is an entire industry of individuals who are affected by piracy; the men and women who have worked hard to create the materials that are being pirated are the ones that suffer as their income stream is severely jeopardised by this phenomenon. Piracy in all of its manifestations is something that needs to be completely eradicated from the world we live in.


The New Zealand Federation Against Copyright Theft, or NZFACT, is an organisation that is committed to ensuring and protecting the rights of the New Zealand film and television industry, retailers, and movie fans. Copyright infringement has a wide number of manifestations and is something that applies to a vast number of scenarios. NZFACT has several members which include, but are not limited to:


Village Roadshow Limited

Walt Disney Studios Motion Pictures, New Zealand

Paramount Pictures Corporation

Sony Pictures Releasing International Corporation

Twentieth Century Fox International Corporation

Universal International Films, Inc

Warner Bros. Pictures International, a division of Warner Bros.Pictures Inc.


NZFACT works with enforcement agencies and government officials to ensure the copyright infringement and piracy of any kind do not take place in New Zealand. Tony Eaton, a former police prosecutor in the New Zealand Courts, is the Executive Director of NZFACT. For more information about issues such as copyright infringement laws and regulations, legal penalties for copyright infringement and piracy, how to contribute towards the upkeep of copyright laws and regulations, how to ensure that you protect yourself and/or your corporation from potential litigation, please visit www.nzfact.co.nz.

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Intellectual Property Management & Budget Cuts - Have Your Cake and Eat it Too!

May 25th, 2009

Unless you’ve been shipwrecked on a remote island in the South-Pacific, you are probably aware that we’ve got somewhat of a global economic downturn on our hands. While no one really knows how long it will last, everyone can attest to the fact that it is having an effect on what had become a fairly comfortable state of “business as usual.” Already we are seeing the all too predictable rounds of budget cuts and layoffs at many companies in a multitude of industries.

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TRIPS demon crawls in to Temples: GI and TM on divine affairs

May 24th, 2009

Two recent IPR News items, viz. Trademark on the picture of attukal deity in Thiruvananthapuram and Geographical Indication protection for ‘Tiruppati laddu’ points to the deadly misuse of Intellectual Property Rights statutes.  While Trademark on the picture of attukal deity proclaims the fact of Trade in Temples, the reports regarding the likelihood of Official GI tag on Tiruppati laddu is exemplary of strategic commercialisation of Temple Offerings (Prasadams), passed off as commodity (goods).

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Custom Domain Names - Deal Or No Deal

May 23rd, 2009

Technology media is beginning to buzz about the advent of designer domain names from the Internet Corporation for Assigned Names and Numbers (”ICANN”), which oversees the development and administration of Internet domain names under its contract with the U.S. Department of Commerce. Since these changes may raise important concerns for our business clients, we explain some of the relevant issues below.

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Are You Ready To Be Part Of The LPO Industry?

May 22nd, 2009

Could downfall of the US economy be an upswing for the Indian LPO Industry? This is the question that’s in everybody mind. With the failure of the financial machinery last quarter, the US is facing its worst ever financial crises. Cost pressure is increasing and companies are exploring newer ways to achieve cost efficiencies such as outsourcing and offshoring. Reducing the cost of lawyers and litigation involved in business is the top priority for the CEOs.

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