Intellectual Property Right Assignments Q&A: US
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
International Intellectual Property Law
ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013. -
The Expansion of Intellectual Property for the Protection of Databases Lionel M
Santa Clara Law Review Volume 38 | Number 1 Article 1 1-1-1997 Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases Lionel M. Lavenue Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lionel M. Lavenue, Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases, 38 Santa Clara L. Rev. 1 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol38/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLES DATABASE RIGHTS AND TECHNICAL DATA RIGHTS: THE EXPANSION OF INTELLECTUAL PROPERTY FOR THE PROTECTION OF DATABASES Lionel M. Lavenue* INTRODUCTION Databases represent the most valuable form of technical data.' Indeed, all businesses utilize some form of database, whether an inventory, price schedule, or customer list.' Da- tabases play a critical role in all facets of computer technol- ogy as every type of computer hardware utilizes computer software which, in turn, utilizes some form of database.' Da- Associate, Finnegan, Henderson, Farabow, Garrett, & Dunner, L.L.P., Washington, D.C.; Fulbright Scholar (1996-97), Max Planck Institute of Foreign and International Patent, Copyright, and Competition Law, Munich, Germany; Law Clerk (1994-96), Chief Judge Glenn L. Archer, Jr., United States Court of Appeals of the Federal Circuit; Law Clerk (1992-94), Judge Robert J. -
CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS with CONVEYANCING
CAPLA SUMMIT NOV. 13, 2018 Complications with Conveyancing [email protected] COMPLICATIONS WITH CONVEYANCING THREE THINGS THAT WILL ALWAYS EXIST: DEATH, TAXES & A&D. AS OUR INDUSTRY EVOLVES WE FIND NEW SOLUTIONS IN A&D 2 CAPLA Complications with Conveyancing 1. NON CONSENT on a Transaction (Land Contract) 2. AER STATEMENT OF CONCERN (SOC) 3. WELLS ABANDONED/STATE OF SUSPENSION 4. DELINQUENT PARTIES 5. NEW AER DIRECTIVE 067 3 COMPLICATIONS WITH CONVEYANCING NON CONSENT (LAND CONTRACT) BACKGROUND: IMPROVEMENTS IN LAND ADMINISTRATION Since the Assignment Procedure in 1993 was adopted by Industry with the use of the Notice of Assignment (NOA), the Assignment and Novation (A&N) has been nearly taken out of the equation in our Land Agreements. Accounting records that were a nightmare were eventually aligned with Land contractual records. UNSIGNED A&Ns CAUSED A BACKLOG AND THE ACCOUNTING NIGHTMARE WAS EASED WITH NOAS PAVING THE WAY. NOTICE OF ASSIGNMENT TOOK THE INDUSTRY BY STORM TIME CERTAINTY WITH BINDING DATE AND NO THIRD PARTY SIGNATURES 4 NOTICE OF ASSIGNMENT - CONSENT: ASSIGNOR – TRUSTEE AND ASSIGNEE – BENEFICIARY TO AGENT FOR ASSIGNEE FROM THE ASSIGNOR FROM THE EFFECTIVE EFFECTIVE DATE TO BINDING DATE DATE TO BINDING DATE AND AND REMAINS THE RECOGNIZED BECOMES RECOGNIZED INTO THE PARTY OF THE MASTER AGREEMENT MASTER AGREEMENT AS OF THE UNTIL THE BINDING DATE BINDING DATE EFFECTIVE BINDING DATE INTERESTS, DATE OBLIGATIONS, LIABILITIES THIRD PARTY – AGREES/CONSENTS TO RECOGNIZE AND ACCEPT ASSIGNOR AS TRUSTEE AND AGENT FOR ASSIGNEE. 5 COMPLICATIONS WITH CONVEYANCING A&N NOAS THIRD PARTY THIRD PARTY NON CONSENT - A&N PROBLEMATIC UNEXECUTED - PROBLEMATIC NOAS ASSIGNMENT CONSENT PROCEDURE 6 COMPLICATIONS WITH CONVEYANCING NON CONSENT (REFUSAL TO NOVATE) SENIOR, INTERMEDIATE, JUNIOR, START-UP COMPANIES ARE ALL AFFECTED UNTIL NOVATION OCCURS, THE VENDOR/ASSIGNOR REMAINS RECOGNIZED AND NOT THE PURCHASER/ASSIGNEE. -
On the Treatment of the Sui Generis Database Rights in Version 3.0 of the Creative Commons Licenses
On the treatment of the sui generis database rights in Version 3.0 of the Creative Commons licenses. Background: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") created a new basis for the protection of databases ("sui generis database protection") not previously recognized under copyright law. The database directive has by now been implemented by the 25 member states of the EU (plus some of the countries such as Norway that are part of the European Economic Area - EEA). Outside of Europe there is no sui generis protection of Databases. In some countries (for example Germany) the database directive has been implemented as part of the national copyright act, while others (such as the Netherlands) have chosen to implement via a separate act (in this case the database act). The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To this end, they created a sui generis right called database right. The database right lasts for 15 years under this regime, but can be extended if the database is updated. Database rights prevent copying of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright the protection of the database right is not over the form of expression of information but of the information itself [source: en.wikipedia.org/wiki/Database_rights]. Prior to Version 3.0, some localized and translated versions of the Creative Commons licenses (Belgium, Netherlands, France and Germany) contained references to national legislation passed pursuant to the Database Directive, by defining a "work" to include databases protected by these laws. -
Text and Data Mining in EU Copyright Law
Department of Law Spring Term 2020 Master Programme in Intellectual Property Law Master’s Thesis 30 ECTS Text and Data Mining in EU Copyright Law Author: Gabriella Svensson Supervisor: Kacper Szkalej 1 Table of Contents INTRODUCTION ................................................................................................................................................ 3 Subject and Purpose ........................................................................................................................................ 3 Material and Method ...................................................................................................................................... 4 Delimitations .................................................................................................................................................. 5 Outline ............................................................................................................................................................ 5 1. A BRIEF INTRODUCTION TO TEXT AND DATA MINING ................................................................... 7 2. FUNDAMENTAL EU COPYRIGHT LAW .............................................................................................. 11 2.1 Protectable Subject Matter and Exclusive Rights .......................................................................... 11 2.2 The DSM Directive and TDM ....................................................................................................... 14 3. WHY AND HOW MIGHT -
Professor Crusto
Crusto, Personal Property: Adverse Possession, Bona Fide Purchaser, and Entrustment New Admitted Assignment, Monday, May 11, 2020 ************************************** Please kindly complete in writing and kindly prepare for discussion for the online class on Friday, May 15, 2020, the following exercises: I. Reading Assignments (see attached below, following Crusto’s lecture notes): 1. Adverse Possession, Bona Fide Purchaser, Entrustment: pp. 116-118, 151-163: O’Keeffe v. Snyder (see attachment) and 2. Crusto’s Notes (below) II. Exercises: Exercise 1 Based on the cases and the reading assignment (above) and Crusto lecture notes (below), write an “outline” listing five legal issues for the personal property topics of 1. Adverse Possession, Bona Fide Purchaser, and Entrustment, and ten rules and authorities (one word case name or other source). Exercise 2 Answer the following questions, providing a one sentence answer for each question: 1. Provide three examples of personal (not real) property. 2. What are the indicia (evidence) of ownership of personal property? 3. How does a person normally acquire title to personal property? 4. What role does possession play in evidencing ownership of personal property? 5. What is meant by the maxim that “possession is 9/10s of the law”? 6. How, if ever, can a person acquire title to personal property by adverse possession? 7. What is a statute of limitations? 8. What role did the statute of limitations play in the O’Keefe case? 9. How does a person qualify as a bona fide purchaser? 10. What benefits result from such a qualification? 11. What is the rule of discovery? 12. -
Irrevocable Assignment of Benefits, Authorization and Lien
IRREVOCABLE ASSIGNMENT OF BENEFITS, AUTHORIZATION AND LIEN To Whom It May Concern: This Irrevocable Assignment of Benefits, Authorization and Lien (this “Assignment”) is made by and between (“Patient”) and The Therapy Network, L.C., and/or Health Care Alternatives and its affiliated physicians, hereinafter referred to in the singular as (“Provider”). With this Assignment, and in consideration of treatment without having to render concurrent payment, Patient, hereby irrevocably transfers, sets over and assigns to Provider all insurance and/or litigation proceeds to which Patient is now or may hereafter become entitled, including those listed below, up to the total amount due and owing the Provider for services rendered to the Patient by reason of accident or illness, including interest thereon, as well as any other charges that are due or may become due the Provider, including, without limitation, requested reports, collection costs and expenses and attorney’s fees, and Patient further hereby irrevocably authorizes and directs any insurance company and/or attorney to whom an original or copy of this Assignment is provided to withhold from Patient and pay directly to such Provider such amount(s) from (1) any insurance benefits payable to Patient or on Patient’s behalf, including, but not limited to, medical payments benefits, No Fault benefits, health and accident benefits, foundation grants, governmental or agency benefits, worker’s compensation benefits or any other insurance proceeds or benefits of any kind which are payable to or on behalf of the Patient, and (2) any litigation proceeds (which may include insurance proceeds) from any settlement, judgment or verdict in Patient’s favor as may be necessary to fully pay any and all financial obligations owed to the Provider by the Patient. -
17.01.05-Charitable Gifts and Assignment of Ownership Rights
17.01.05 Charitable Gifts and Assignment of Ownership Rights Approved May 1, 2019 Next Scheduled Review: May 1, 2029 Regulation Summary This regulation defines how offers of intellectual property in exchange for royalty returns or charitable gifts to The Texas A&M University System (system) or its members are processed and the assignment of ownership rights to that intellectual property is affected. Definitions Click to view Definitions. Regulation 1. INTELLECTUAL PROPERTY OFFERS IN EXCHANGE FOR ROYALTY SHARING 1.1 If an owner of intellectual property chooses to offer to the system or member intellectual property in which the system has no claim in exchange for the sharing of royalties, the system or member chief executive officer (CEO) may accept ownership of the intellectual property through a process defined by the system, which has been approved by the System Office of General Counsel, provided that: (a) the owner makes the offer through the system or one of the members, and the intellectual property will be treated as if the intellectual property had been created within the system; (b) the owner agrees to all provisions (including the distribution of income provisions) of Policy 17.01, Intellectual Property Management and Commercialization and its related regulations; (c) the owner warrants that the owner owns all rights, title and interest to the intellectual property and that, to the best of the owner’s knowledge, the intellectual property does not infringe upon any existing intellectual property legal rights; (d) the owner discloses all existing licenses, options and encumbrances for that intellectual property and warrants that what is disclosed are all of the existing licenses, options and encumbrances for that intellectual property; and 17.01.05 Charitable Gifts and Assignment of Ownership Rights Page 1 of 3 (e) an offer of a patent(s) and/or a patent application(s) to a member CEO must be assigned to the system for the benefit of that member. -
Trademark Examination Guidelines
STATE INTELLECTUAL PROPERTY OFFICE OF THE REPUBLIC OF CROATIA TRADEMARK EXAMINATION GUIDELINES December 2014 SIPO Trademark Examination Guidelines Contents Contents CHAPTER I INTRODUCTION AND LEGAL FRAMEWORK 1 1.1 Introduction 1 1.2 Legal Framework 1 CHAPTER II RECEIPT OF APPLICATIONS AND FORMALITIES EXAMINATION 3 2.1 Receipt of Application 3 2.2 Accordance of a Filing Date of an Application 3 2.2.1 Requirements 3 2.2.2 Remedy of Deficiencies (Article 22 of the Act) 4 2.3 Additional Requirements 4 2.3.1 Applicant 5 2.3.1.1 Applicant’s Name and Address (Article 32 of the Regulations) 6 2.3.2 Representative 6 2.3.2.1 Representative’s Name and Address (Article 32 paragraphs 2 and 4 of the Regulations) 7 2.3.2.2 Power of Attorney 7 2.3.3 Indication and List of the Goods and Services (Article 2, paragraphs 1 and 2, and Article 10, paragraph 1 of the Regulations) 7 2.3.4 Priority Right 7 2.3.4.1 Union Priority Right (Article 18 of the Act) 7 2.3.4.2 Exposition Priority Right (Article 19 of the Act) 8 2.3.5 Indication and Representation of a Sign 9 2.3.5.1 Verbal Sign (Article 3 of the Regulations) 9 2.3.5.2 Figurative Sign (Article 4 of the Regulations) 9 2.3.5.3 Three-dimensional Sign . (Article 5 of the Regulations). 9 2.3.5.4 Signs Consisting of one Colour or of a Combination of Colours (Article 6 of the Regulations) 10 2.3.5.5 Other Types of Signs (Article 7 of the Regulations) 10 2.3.5.6 Other Requirements Concerning the Representation of a Sign (Article 8 of the Regulations) 10 2.3.5.7 Attachments to the Application (Article 9 of the -
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted by Thusitha Bernad Abeysekara to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law in July 2013 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 1 ABSTRACT Economic development in Sri Lanka has relied heavily on foreign and domestic investment. Digital databases are a new and attractive area for this investment. This thesis argues that investment needs protection and this is crucial to attract future investment. The thesis therefore proposes a digital database protection mechanism with a view to attracting investment in digital databases to Sri Lanka. The research examines various existing protection measures whilst mainly focusing on the sui generis right protection which confirms the protection of qualitative and/or quantitative substantial investment in the obtaining, verification or presentation of the contents of digital databases. In digital databases, this process is carried out by computer programs which establish meaningful and useful data patterns through their data mining process, and subsequently use those patterns in Knowledge Discovery within database processes. Those processes enhance the value and/or usefulness of the data/information. Computer programs need to be protected, as this thesis proposes, by virtue of patent protection because the process carried out by computer programs is that of a technical process - an area for which patents are particularly suitable for the purpose of protecting. -
Assignment of Intangibles (Real Estate)
Assignment of Intangibles (Real Estate) Document 5038A LeapLaw.com Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information that appear on the web site is engaged in rendering legal, accounting or other professional services. If you require legal advice or other expert assistance, you agree that you will obtain the services of a competent, professional person and will not rely on information provided on the web site as a substitute for such advice or assistance. Neither the presentation of this document to you nor your receipt of this document creates an attorney-client relationship. GENERAL ASSIGNMENT OF INTANGIBLE PROPERTY AND ASSUMPTION AGREEMENT This GENERAL ASSIGNMENT OF INTANGIBLE PROPERTY AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into this __day of _________, 20__, by and between [NAME OF ASSIGNOR] a ____________ [corporation] ("Assignor") and [NAME OF ASSIGNEE], a ___________ [corporation] ("Assignee"). W I T N E S S E T H WHEREAS, concurrently with the execution and delivery of this Agreement, Assignor is conveying to Assignee, by [NAME OF] Deed (the "Deed"), that certain real property known as [DESCRIBE PROPERTY] and located at [PROPERTY ADDRESS], as more particularly described on Exhibit A attached hereto and made a part hereof (the “Real Property”); WHEREAS, Assignor has agreed to assign to Assignee certain intangible property as hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. -
RIGHTS in DATA HANDBOOK Protecting and Exploiting IP in Data and Databases Internationally RIGHTS in DATA HANDBOOK
January 2013 RIGHTS IN DATA HANDBOOK Protecting and exploiting IP in data and databases internationally RIGHTS IN DATA HANDBOOK January 2013 Edition EDITORS INTRODUCTION The value of data and databases to business is undeniable and continues to increase. As a result the laws which enable data to be protected and exploited are crucial to many industries, from horseracing to !nancial services. Nonetheless, while much has been written about the neighbouring area of data privacy/data protection, the issue of IP rights in data and databases has John Wilks, Editor traditionally received almost no attention. This guide sets out an overview of the Partner IP and related rights affecting data and databases in 12 key global jurisdictions. T +44 (0)20 7796 6288 How this Handbook Works M +44 (0)7796 15 8896 [email protected] This handbook provides a high-level summary, with links to relevant sources, of the different types of protection which are available for data and databases in 12 key global jurisdictions. For each jurisdiction we consider three categories of database which may bene!t from protection: original databases, databases in which investment has been made, and con!dential databases. As database law is only part-harmonised in the EU we have, in addition to a section on the EU, separate sections on six representative EU jurisdictions Alec Christie, Co-Editor (France, Germany, Italy, The Netherlands, Spain and the UK). To assist you to Partner navigate our European content and avoid repetition, there are cross-references T +61 2 9286 8237 between the EU section and the national sections.