Hello legal professionals and legal tech enthusiasts! Alongside an exciting upcoming podcast episode on AI for law firm efficiency and
These top legal technologist specialists, leaders and heroes in the UK are redefining what it means to practise law, and
In what will hopefully be an extension of our AI for Law Firms series, at the weekend I tried to
In the fascinating world of AI in the legal sector and AI-generated content, a peculiar trend has emerged: the unyielding
Generative AI and the Legal Industry: Q&A with Expert Owen Morris, Operations Director at Doherty Associates. Owen has been on the
So that’s a brief introductory guide to protecting your IP online. To learn more about IP law and IP protection, I would recommend strongly that you visit WardblawG’s friends at the award winning IP blog, the IPKat, founded and managed by Professor Jeremy Phillips. Subscription to Jeremy’s Google groups will provide your inbox with a flurry of IP related email gems every day plus pictures of one or two cats in peculiar poses. WardblawG’s Gavin Ward’s cat or, as Jeremy puts it, owner Missy has already made one appearance on Wednesday Whimsies.
The approach taken in Navitaire was reaffirmed in the recent decision in Nova v Mazooma Games, where it was similarly held that the reproduction of the look and feel of an existing program in original source code did not infringe copyright in the original program. However, both Navitaire and Nova concern programs with high levels of abstraction and may be limited to their facts. It is therefore entirely possible that the “look and feel” of a program in a future case may be protected if there are less abstract concepts and closer similarities between programs. Thus, we may not have seen the end of “look and feel” protection through copyright.
WardblawG has 30,000 very meaningful hits to its name, although 1000 of which have probably been made by me, my family and friends. Thank you to everyone who has viewed, subscribed and commented. As promised, today’s post is Chapter 7 of 10: Business Method Patents. Chapters 8, 9 and 10 shall follow, with Part 10 being published on my first day as a qualified solicitor in Scotland.
Once you can sleep at night knowing you have ownership rights, you can decide whether to leave them unregistered or proceed to register them. Unregistered design rights overlap with copyright to an extent and the protection afforded is decent to say the least. Go for registered designs if the design is more complex and vital to your business. If you don’t have the time or the cash for registered designs, just take the cheap practical option of sealing your design in an envelope and mailing them back to yourself through recorded delivery.
WardblawG uses one of the most common types of Creative Commons. See the CCL summary page and the full licence for more information. There are other different types of Creative Commons that may be considered.
By saying you grant a certain type of Creative Commons Licence, you are doing just that: no fancy legal documents required, because they’ve already been drafted for you. In case you haven’t discovered by now, WardblawG is a massive fan of freeing up information and keeping it simple. Welcome to FOI 2.0?
Next, you might need to pull your hair out over getting copyright protection for your written work. But wait a minute, no you don’t! Copyright is granted to you automatically by the nice people that drafted and agreed the international copyright treaties. Such copyright protection exists for anything you write, generally provided that it is your own material. To avoid plagiarism and copyright breach for using other people’s work, consider referencing them or getting consent from them first: it’s just like being back at university writing thousands of words that nobody will ever read; unless YoublawG them.
As Forest Gump might say, that’s all WardblawG has to say about that.
A branch of copyright and particularly relevant for web 2.0, Creative Commons Licences are the subject of Chapter 5 of this series, which follows this post.
If you take one thing away from this, it should be this practical but general word of advice:
If your business and its model are analogous to another successful and well-protected business and if your brand name is unique, not in the dictionary, not an industry word and not confusingly similar to another business, then take inspiration from the trade mark applications of that other successful business, but do consider every application on its own merits; and
If you are in any doubt about trade mark registrability, research further or seek professional advice from a lawyer, brand protector or trade mark agent. In WardblawG’s experience, trade mark agents are most useful when registrability of your brand as a trade mark is clearly problematic, when you need to overcome objections or field queries from an examiner, or when you have a large portfolio of trade marks to register and maintain.
The second step I would suggest is creating at least one domain name, ideally a .com registration reflecting verbatim your brand name. Do this through a reputable host of which there are many.
Intellectual Property (“IP”) As every business knows or should know, you must develop and protect your IP. For various reasons,
This blawg was founded on 23 May 2010. I decided that, instead of mainly writing articles for other journals, I would like to write articles to share legal information with a wider audience. I am a proponent of social media networking and believe that law students, lawyers and law firms have a great deal of valuable information that should be shared in an optimal manner.
Having experienced the chaos in September 2009 first-hand, working with some of Scotland’s largest alcohol suppliers and sellers, WardblawG agrees with most of what Mr Johnston has to say and, so, would like to reinforce Tom’s comments and, indeed, add from its MD’s own personal experience of the gruelling inception of the Licensing (Scotland) Act 2005 in Scotland (the “Act”).
Commentators have and will continue to suggest improvements. But what this author would like to see are two main changes: first, a template training module accessible online for free, published by the Scottish government; and, second, the existence of a licensing board that heads up all the other licensing boards in Scotland which provides a real leadership role and which should, hopefully, stop major differences existing between, among other cities and towns, Glasgow and Edinburgh.