Business and Justice

Posts Tagged ‘Intellectual Property’

Awesome article by Juan Carlos Rodríguez Ibarra (Canon digital, COUNTRY, January 10) in which, among other statements made ??in Ibarra, using IP as the main obstacle to freedom of expression. Almost nothing, since historically it has been shown that both concepts have always gone hand and have fed each other. Something that now those like Mr. Ibarra, who advocates for free culture, they try to confront them. So much so that in the name of freedom of expression as an example the attack “a million young people in a legal manner” that brought down the website of the SGAE and the Ministry of Culture, among others. That is, if tomorrow there is another million people who is against the news of the country and knock down his website is proof that freedom of expression that suggests Ibarra. And the rest of us were without informing readers as usual.

Mr. Rodriguez Ibarra, find things. Defend the culture of this country, that’s why we are known in the world. And Mr. Rodriguez Ibarra, DesBarres to matters not, as he makes clear in her article, know considerably. You can not know everything .- Pau Dones. Jarabedepalo singer.

Rodriguez Ibarra says that “the most sensible thing would be to review the concept of intellectual property and copyright in the Internet society.” And this is right. The sensible thing is for Spain to bring its legislation in this area, as they have the developed countries of our continent in the splendid setting of the Network and enforced. Internet, as all-powerful, can be terrific or terrible. Because the goodness or badness are not there, but who, why and what they use. The cultural attitudes magma-free.

Cultural products are not. Neither should they be while they are not also food and housing, for example. I, as author of stories, would have no hesitation in giving them away, if at the time I give my chicken wings, necks hake, underwear and deodorant. Until this happens, which I found out where I’ve parked the car a thief-not a law enforcement-defective films via the Internet, because, being on the street is so available to me as online and I softly .- José Luis Cuerda. Film Director.

The collective management of intellectual property (IP) rights is an economic sector which has drawn the attention of Spanish antitrust authorities on numerous occasions, both in the form of enforcement proceedings against anti-competitive conducts and in their advocacy work to promote effective competition in this arena.

We present here an example that serves to illustrate the actions of the National Competition Commission (CNC) and how its actions on those two fronts complement each other to achieve the objective of more efficient markets, in this case, in the collective management of IP.

CNC investigations seek to prosecute anti-competitive conducts in the markets: agreements, practices, decisions of business associations that ultimately harm consumers. The last decade has seen intense investigation in the collective management of intellectual property rights sector. Read the rest of this entry »

Carlos III University of Madrid offers this Masters, organized by the Department of Private Law, a comprehensive training in intellectual property. Training which includes first and foremost the legal aspects, but without forgetting the economic and business perspective, ie the management and exploitation of rights, drawing on the experience of companies and professionals who work with the Master.

Year after year our Master will increasingly consolidating and has reached a strength and stability, both in Spain and in Latin America, make it point of reference in the teaching of intellectual property at the highest level. This was credited with both the number of students that we maintain in all editions, as the professional success they achieve.

The University Carlos III of Madrid was the first Spanish university from the academic year 2008/09 has adapted all undergraduate degrees to the new European Higher Education also affects adaptation graduate studies and, therefore, to our Master. However, such adaptation has made ??no special changes for the Masters since its inception it has always sought to familiarize students with the real problems, detecting and fixing between the varied arsenal regulatory, doctrinal and jurisprudential critically offered . Not for nothing is a Master directs all professional practice, the students will face very soon, not only in practices that are integrated into the curriculum, but just finished the master, as achieved the most rapid job placement. On this basis, from the beginning we taught interactively teaching, without turning the student into neutral spectator and a passive recipient of knowledge transmitted from the inertia of tradition. On the contrary, without falling into the trivialization of knowledge, have fled since the first edition of the Master of excessive conceptual abstractions, a sterile doctrinal scholarship and theoretical speculations irrelevant. However, being scrupulous with the system established by the Declaration of Bologna and European higher education and trying to set the new ECTS system (which measures the hours of student work that includes the actual hours of class time devoted to the development of work and practices, attendance at conferences and seminars and the final exam), significantly increases the work the students have to perform outside of class contact hours. Read the rest of this entry »

Cikat Lawyers was founded in 1962, when Dr. Manfred A. Cikat began his career as a lawyer in the field of Intellectual Property Law.

In the eighties, the lawyers won a major Cikat reputation and has started the process of diversification of its work to other IP-related areas, such as counterfeiting of trademarks and patents, entertainment law and copyright. In the mid-nineties, Cikat solidified his image as the largest law firm specializing in intellectual property and related rights and since then, and has been advising both national and international clients with different needs, whether it comes to investing in Uruguay as well as elsewhere in the region. Cikat Lawyers, currently one of the largest and most recognized law firms in Uruguay, has acquired expertise in various areas of law, from the adventure begun by its founder in 1962.

Cikat’s legal team is still led by Dr. Cikat. Along with the founder, the team has professionals in different disciplines of law, that have provided support, advice and efficient team work in different areas. The firm comprises 11 lawyers, paralegals several accountants and patent and trademark agents, notaries, certified translators, chemists, experts in software and mechanical engineers, experts in marketing and public relations and an administrative staff of more than 30 people. Read the rest of this entry »

If you work in the entertainment sector is likely to sooner or later need the services of a lawyer specializing in intellectual property. If you create original pieces, whether texts or songs, or any other artistic compositions, an intellectual property attorney can help you if your copyright is threatened by a third party. Your lawyer can represent you even if they became necessary legal action.

A lawyer specializing in the entertainment industry will also be useful if you are involved in the performing arts. If you must sign a contract, for example, your lawyer will ensure your interest, making sure you understand the content and implications of the contract you are about to sign.

His lawyer in intellectual property will be especially helpful if you are about to publish his work. Whether you want to market their music album and premiere a play or sell the rights to his book to a film production company, your lawyer will advise during the negotiation process and the subsequent drafting of the contract embodying the agreements reached.

Finally, it is worth bearing in mind the role that an attorney specializing in the entertainment industry if they have had to face a possible defamation. We often see the media as record other professionals harsh criticism of the show. The line between criticism and defamation are always clear and there comes into play the role of the lawyer, whose experience will be placed in a position to determine whether there are grounds for a lawsuit for defamation.

Contact Law is a leader in the UK and now also in Spain, helping you find the lawyer that best suits your particular case. Whatever your situation, if you need legal advice about the entertainment industry, call us at 900 828 306 or complete the form on the web and let our dedicated specialized agents will contact the best lawyer for your needs.

In these times we are told that some people out “of the shadows” to “negotiate” the Biden-Sinde law , which is excluded from the negotiation of the “canon” even though they have asked for writing , which was able to show that misapplying and those who joined the government and the opposition to push through a late-Sinde Biden law , but without listening to those who want something better for everyone , I see almost no one among the negotiators who have clear ideas regarding human rights and the serious problems that may arise, if you take out a bad law based on a concept of intellectual property, such as law-Sinde Biden and that worries me and a lot to explain below …

There is a document that I recommend to read carefully, all those who are involved in these negotiations Biden-Sinde law and canon at this time. This is the General Comment 17 (2005) [PDF] Economic and Social Council of the UN ” The right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Article 15, paragraph 1 (c) of the Convention) . ” We will analyze what this document so that a large part of this article, is a copy of what he says it, that it must be said and how could it be otherwise, I fully agree and if the slightest crack.

The right of everyone to benefit from the protection of moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author, is a human right that derives from the dignity and worth of all people. It is a fundamental, inalienable and universal, belonging to individuals or under certain circumstances, groups of individuals or communities.

By contrast, intellectual property rights are primarily a tool for States to promote incentives for invention or creativity, to help disseminate the productions creative or innovative, as well as the development of cultural identities or to preserve the integrity of literary, scientific or artistic, always looking to benefit society as a whole. Is this what you get, or what is to be achieved, with the law-Sinde Biden? I think not, not even close. Read the rest of this entry »

A documentary directed by Stéphane M. Thick shelled item by item of intellectual property in Spain and the copyright resulting from it. Distributed under a license Creative Commons , which says a lot of story-will be available for two weeks completely free for viewing online and in early May, you can download for free.

The documentary provides an overview, the view of all sectors involved: Intellectual Property lawyers, spokesmen for management entities, musicians, journalists, activists free culture and even journalists. Throughout the story is more than clear the positions of each.

One of the most noteworthy is the steering system of the main body of Spanish management: the SGAE . They only have about 8,000 voting members, a total 80,000, and the decision-making power is linked directly to the amount of income reported to the society in question. The more you win, your vote counts most.

Another very interesting aspect is also the path needed to do to get license a product like this under Creative Commons. Javier de la Cueva, a lawyer specializing in the field, using a chart explaining all the steps: a good maze where SGAE puts most of the obstacles. Not interviewed, or producers or distributors, or TVE , or writers. It is the SGAE who simply do not know what to do and simply not respond .

Finally, although no more than a simple comment, is also interesting to note that says Enrique Loras, president of the SGAE . He says the Internet is creating problems in areas such as pedophilia , and also says “not for the fact that new technology is good.” Ignore the network is neutral, it depends on the use made ??of it. Also a knife used to kill people, but we all know that its purpose is to cut food. His words define them better than anyone else can do.

To mark the Security Blogger Summit organized by Panda Security, I had the opportunity to share a table and tablecloth with my admired and often quoted Bruce Schneier , in addition to Steve Ragan (Tech Herald) and Willinghan Andy (Andy ITGuy) in the same area table. The conversation focused on issues related to network and restrictions on the use of the same themes such as intellectual property, and was relieved to see that the vision of people with unquestionable expertise in the area coincided with my beliefs on this point: the current policies pursued by countries like France, Britain and Italy with respect to intellectual property and control of network service providers are not only offensive ahead of the rights of individuals, but are also completely absurd in the medium term.

Three renowned security experts will agree that such measures do not really at all, only leads to a stupid arms race between those who propose them and we want them jumping, it is something that should give pause to more than one. During the conversation, he agreed to compare the measures to control communications with the DRM: each innovation developed by the industry to try to prevent copying of the materials was followed, usually within a very short, the development of methods to bypass, ranging from the most technologically sophisticated to the simple use of a permanent marker. Control of the ISP for the famous three strikes works exactly the same: if they want to monitor what flows through the network, apart from violating the fundamental right to privacy of communications, get to pin our transmissions from end to end. If you want to do is recognize patterns of discharge, simulate downloading files of any other nature to force false positives and complaints that can not be exercised. The network can not be controlled because the network was designed, from the root of their own protocols, to be uncontrollable.

What then remains? Just adapt to new times. Intellectual property, that fundamental principle of contemporary society that advocates say is written in stone tables of the law must be reformed. It’s that simple, and of course, that complicated. It’s not worth beating about the bush: What is wrong is not the network, which is otherwise inevitable, but the approach to intellectual property in an environment that has been redefined. The basic concepts of intellectual property must change, which requires that cornerstone revise even called the Berne Convention : intellectual property must be respected and protected, until then all agree. An author should be able to decide on the marketing of their works, and be entitled to reasonable compensation for the use made ??of them, provided that such use may lead profit. Continue to follow economic flows versus bitstream. The opposite is to keep chasing ghosts and, more seriously, attacking people’s fundamental rights in pursuit of an absurd concept.
What will happen in the United States in this regard? It is difficult to guess. With Obama still has not announced nor the name of the CTO or the Copyright Czar of the swords in the air as to whether continuity or proposed reforms in this direction. After all, talking about a country where every one was enacted laws to protect Mickey Mouse and prevent intellectual property of Disney pass into the public domain, a country in which the copyright industry is very powerful media companies to almost complete and immediate access to legislators. But this does not fool us … one thing is power, and another reason: intellectual property under protest to be enriched by it, must change, and what certain governments are trying to preserve it in its current conception is something is wrong, is not ethically justifiable, and that goes against the interests of society to unfairly benefit a few who want to prolong as much as possible a series of untenable situations. It is simply unnatural.

According to information provided at a press conference, the Council of Ministers has given the green light by legislative reform that seeks to establish an early warning system to close websites, under the supposed protection of the administrative courts.

In my view, such reform can be an infringement of fundamental right to an ordinary judge predetermined by law, guaranteed by Article 24.2 of our Constitution.

Every web page is published, and the right to freedom of expression that is exerted on the Internet may be restricted by any kind of censorship, as provided for in Article 20 of the Constitution, can only remember the seizure of publications, recordings and other media under court order.

Cases that may limit the exercise of freedom of expression are also priced in Article 20.4 of the Constitution: “These freedoms are limited by respect for the rights recognized in this Part, the provisions of the laws that develop and especially the right to honor, privacy, self-image and the protection of youth and children”. Read the rest of this entry »

The infringement of the rights granted by intellectual property law can be punished through the exercise of civil, criminal or administrative action.

Regarding the civil noted that:

* To be exercised through the regular procedure called regulated in the Code of Civil Procedure.

The owner of the rights protected by those rules, it may encourage the cessation of those activities directed against them and require adequate compensation for damages, both economic and moral.

You may also request in advance at the start of proceedings, the adoption of so-called precautionary measures to protect their rights with greater urgency.

The cessation of activity may include:
- suspension of the infringing exploitation.
- prohibiting the infringer from resuming.
- withdrawing from the market for illegal copies and destruction.
- disabling, and, if necessary, destruction of molds, plates, matrices, negatives and other material intended solely for playing illegal copies.
- sealing of the equipment used for unauthorized public communication.

* With respect to compensation in cases where there is economic loss, the person can choose to receive the amount of profit that the infringer has obtained or remuneration that would have received if he had consented to the operation.

Read the rest of this entry »