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Data protection provisions in India

Izaz — Sun, 25 Jan 2009 12:00:00 +0000

The Eighth principle of Data Protection Act 1998 requires that, "Personal data shall not be transferred to a country or ...

Software Database and Website escrow- do businesses really need it?

Izaz — Fri, 23 Jan 2009 10:47:50 +0000

Escrow comes in to play when two parties hand over something valuable (money, contracts, software etc) to a trusted third ...

Website Owners- minimum information that should be provided by you

Izaz — Sat, 17 Jan 2009 08:25:33 +0000

E-commerce Regulations and what website owners need to display on their websites in order to comply

Changing the Terms of an Employment Contract

Cody — Tue, 06 Jan 2009 11:18:30 +0000

The question that is often asked relates to adverse changes to the contract of the employee. This is permitted.

The ...

First ruling of the Company Names Tribunal

Izaz — Mon, 22 Dec 2008 11:42:54 +0000

Company Names Tribunal- first ruling!

Copyright Ownership in commissioned work

Nami — Sun, 21 Dec 2008 17:47:14 +0000

What should be done to protect your copyrights when commissioning work to a contractor

Selling your business?

Izaz — Fri, 19 Dec 2008 20:31:53 +0000

importance of having a team of experts around you to help you

Lego loses trade mark

Corinne Day — Wed, 17 Dec 2008 14:00:59 +0000

Lego registered its three-dimensional 2x4 shape as a Community Registered Trade Mark in 1999. The Danish toy maker's classic red ...

London Restaurant told to change name or face trade mark infringement penalties

Corinne Day — Wed, 17 Dec 2008 13:56:27 +0000

Top London restaurant, Cipriani, situated in trendy Mayfair, which has hosted the likes of the Beckhams, Naomi Campbell and Bernie ...

Storm in a teapot

Corinne Day — Wed, 17 Dec 2008 13:54:26 +0000

A trade mark dispute has broken out between the owner of a teashop in surrey, The Tea Box in Richmond, ...

Wickes to the rescue to fulfill MFI’s failed bathroom orders!

Izaz — Mon, 15 Dec 2008 16:13:23 +0000

MFI administration Wickes rescue bathroom orders

VAT changes- terms and conditions

Izaz — Mon, 01 Dec 2008 21:01:09 +0000

VAT changes- update your terms and conditions

The Lindt Chocolate Gold Bunny Trade Mark Dispute

Corinne Day — Mon, 17 Nov 2008 22:58:23 +0000

Lindt have been asked to recently defend its Community trade mark rights to its famous chocolate Easter bunny wrapped in gold foil which also has a red ribbon and bell around its neck. An Austrian competitor of Lindt's has claimed that it acquired its EU-wide protection in bad faith at a hearing this week. Lindt argued back that the trade mark for the famous Easter bunny was gained "honestly and fairly".

The Austrian competitor brought the claims because Lindt's trade mark is being used to prevent the Austrian company from making products which are allegedly confusingly similar to the gold Easter bunny. Lindt learnt of their competitors bunny at a fair in Switzerland where the competitor presented them as a 'new product'. Litigation was inevitable after Hauswirth rejected Lindt's lawyers suggestion that Hauswirth adopt bronze wrapping instead of gold and a green ribbon instead of red.

Lindt's lawyer said "here is a product that's been around for some 50 years and sold about 20 million times in the EU in the year 2000, when we applied for the trade mark the company acted in good faith when we sought the right to exclude the use of that same product by others."

The outcome is expected in about a year's time.

Playing music for public performance

Riyaz Jariwalla — Mon, 10 Nov 2008 22:03:04 +0000

Do you play music in the background of your shop or office and wondered whether you need to play money to the relevant collecting society?

Heads of Terms

Spillbeer — Sun, 02 Nov 2008 10:09:52 +0000

Heads of terms or heads of agreement are usually contained in a document which is usually quite short and sets ...

Valuing a Business

Izaz — Tue, 28 Oct 2008 19:47:42 +0000

There is no exact science to this and ultimately the value of a business is determined by what price a ...

considering buying a business?

Izaz — Sun, 26 Oct 2008 20:22:20 +0000

Considering buying a business- this article looks at advising on which type.

Why buy a business?

Izaz — Mon, 20 Oct 2008 09:18:15 +0100

buying a business as a going concern advantages disadvantages

Marketing Agreements

Corinne Day — Tue, 07 Oct 2008 17:05:47 +0100

Two of the most commonly used marketing agreements are agency and distribution agreements.

Agency agreements are used vastly in the ...

Caching

Izaz — Tue, 07 Oct 2008 10:00:00 +0100

When you access a webpage the details of that webpage that you access are stored on your computer hard disk ...

US Copyright Royalty Board Responds

jane — Mon, 06 Oct 2008 13:14:58 +0100

The US Copyright Royalty Board (CRB) has voted to keep the current online music royalty rates the same, without a fee increase of 9 cents to 15. Each time a consumer purchases a song on a CD or downloads a music track online, musicians and record studios earn 9.1 percent. If the CRB had agreed upon a higher royalty rate, online retailers like Apple iTunes, Amazon and Rhapsody would have increased the price they sell their songs for. The digital music business is now a multi-billion industry that grew 38 percent from 2006 to 2007. There will also be a royalty rate of 24 percent for each mobile phone ringtone sold, which is similar to the 10 percent industry wide revenue sharing for each $2.50 ringtone sold.

Databases

Izaz — Mon, 06 Oct 2008 12:47:15 +0100

Database

A database is a structured collection of data. The legal definition of a database is set out in s3A(1) ...

Contract, what Contract

JT — Mon, 06 Oct 2008 12:18:27 +0100

A common problem that exists in the business world (although at first it may seem strange) is that parties fail ...

China and Patents

tim mount — Sun, 05 Oct 2008 20:02:07 +0100

China and patents

Under increased pressure from concerned western countries, and the World Trade Organization (WTO), China has instituted reforms ...

The Distinction between a Copyright and a Trade Mark

Nami — Fri, 03 Oct 2008 11:04:05 +0100

Although copyrights and trade marks are under the same umbrella of Intellectual Property rights, the two are often mistaken to be one of the same. In fact the two are separate and distinct.

Science Museum to Promote Innovation Awareness

Corinne Day — Fri, 03 Oct 2008 09:34:08 +0100

The UK Intellectual Property Office have recently reported that Oscar winners Wallace and Gromit will be at the heart of ...

Beware of IT Trademarks

Nami — Fri, 03 Oct 2008 09:08:29 +0100

Over the years, we have seen many cases of failed attempts to register IT terminology as a Trademark.

Limitation periods under the Limitation Act 1980

Riyaz Jariwalla — Thu, 02 Oct 2008 16:57:58 +0100

Most limitation periods are laid down in the Limitation Act 1980 (LA 1980) as amended. Several other statutes lay down ...

How to start proceedings?

Riyaz Jariwalla — Thu, 02 Oct 2008 16:46:58 +0100

(1) Proceedings are started when the court issues a claim form at the request of the claimant.

(2) A claim ...

Striking out a Statement of Case - Practice Direction

Riyaz Jariwalla — Thu, 02 Oct 2008 16:39:10 +0100

What does the Practice Direction supplements to the CPR Rule 3.4 say about striking out a case?