Month: October 2018

Patent Law Basics for the Non-Practitioner – Part I of IV OVERVIEW

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October 28, 2018

9:33 pm

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A patent is a property right granted by the government of the United States to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted. Article I, Section 8 of the United States Constitution grants Congress the power to enact laws relating to patents: “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Pursuant to this grant of power, Congress has from time to time enacted various laws relating to patents, now codified in Title 35 of the United States Code (the “Patent Law Statute”). These laws established the United States Patent and Trademark Office (“USPTO”) to administer the law relating to the granting of patents. The USPTO is an agency of the United States Department of Commerce providing patent and trademark protection to inventors and businesses for their inventions and corporate and product identification.

It is at the heart of patent law to encourage invention by granting inventors a monopoly over new product designs or functions for a limited time until expiration of the patent, after which expiration the public is free to copy and profit from the invention. Qualitex Co. v. Jacobson Products Co, Inc., 514 U.S. 159, 164-165 (1995). The Patent Law Statute provides that “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.” 35 U.S.C. Section 101. A “process” is explicitly defined as a “process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.” 35 U.S.C. Section 100. The term “machine” as used in the statute is the same as used in standard language (e.g.: a human-made system or device made up of fixed and moving parts that perform tasks). The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” refers to chemical compositions, and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically all things that are made by man and the processes for making them.

Things which do not fall into one of the above classes of subject matter are not patentable. For instance, laws of nature and physical phenomena are not patentable subject matter. Furthermore, a patent cannot be obtained based upon a mere idea or suggestion. In other words, while a patent may be granted based upon a new process, machine, manufacture, or composition of matter, the mere idea or suggestion of the new process, machine, manufacture, or composition of matter, respectively, will not suffice. A complete description of the actual process, machine, manufacture, or composition of matter, respectively, is required.

New REACH Law Takes Effect in the EU

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October 27, 2018

1:38 pm

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In June 2007, the controversial new REACH (Registration, Evaluation and Authorisation of Chemicals) law came into effect in the European Union. Taking seven years and 1,000 pages to pass, REACH is the most complex law in EU history.

Aiming to protect consumers and the environment from harmful and unsafe chemicals, the law requires manufacturers to ensure that over 30,000 chemicals have been tested and reviewed by the newly created European Chemicals Agency (EChA). For 1,500 high risk substances, manufacturers will have to prove “adequate control.” The EChA will ban ingredients posing a significant threat and ensure that cosmetic and other companies use alternatives.

The law also advocates using alternatives to animal testing, so that data on toxicity to humans is obtained using means other than experiments on vertebrate animals. Since the passage of REACH, L’Oreal has announced that it will conduct safety tests on human skin cells and tissue from animals slaughtered for food, rather than live animals, to collect the new information required by the law.

REACH replaces 40 separate chemicals laws in the EU. It also extends prior cosmetics laws that were based upon risk assessment and responds to ongoing calls from the scientific community for bans on confirmed and likely carcinogenic, mutagenic and reprotoxic substances in cosmetic products.

Although there was little existing safety information on 99% of the man thousands of chemicals developed in the EU before 1981, the EU had banned several dangerous chemicals that remain legal in the United States, including phthalates in cosmetics.

REACH is expected to put more pressure on law makers in the United States to impose tougher controls on the usage of toxic chemicals, since under the countrys Toxic Substances Control Act, the Environmental Protection Agency (EPA) has little legal authority to ban or restrict chemicals in use before 1976 because it must first prove they pose “an unreasonable risk.” It should be noted, however, that there are several shortcomings to the new European law. First, manufacturers have 11 years to register product ingredients, leaving more than a decade until all the ingredients in cosmetics products will be fully disclosed. Also, if a product was manufactured outside the EU and imported, it is not regulated under REACH.

Rental Law for Texas Be Careful to Avoid the Pitfalls

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October 27, 2018

6:45 am

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Texas is the second largest state of USA in terms of population. It is only natural for Texas to have that many apartment lenders. If you live in Texas and you want to live at a rented apartment, you better be aware of those terms and conditions. Remember, rental laws are one of the most ancient laws and it is not easy for anybody who is not a lawyer by profession to understand everything the laws say.

Be careful

Being careful can save a lot of trouble when it comes to the rental laws section. Every state in USA is subjected to different rental laws of its own. Texas is no different. Say you agree to rent a house at some conditions offered by the landlord. Now if he / she understand that you are no expert at rental law Texas, it is only a matter of seconds to fool you if he / she are dishonest. Similar is the case when you are the landlord. Understanding the laws is essential at this process for both parts.

Pitfalls

There are many pitfalls when rental law Texas is involved. The foremost is the rental value of the property, which is defined as the fair market price for it and the one that the lessee (user) have to pay the lessor (landlord / owner) for the property of the dwelling. It is of utmost importance that the lessee and the lessor should agree upon a written contract prior to renting. Renting, by its very name implies that the property is only being lent for temporary use.

But the renters’ rights eviction does not allow a landlord to evict the tenant without any notice. In case of several non payments of rent or any other violation of contract, the Texas housing laws allow a written eviction notice of at least 3 days, unless your contract says otherwise. This was just some examples.

You can face plenty of pitfalls in terms of whether you live with a roommate and/or pet or not, in case someone else buys your landlords property, in case your landlord does something to annoy you etc.

Remedy

Where there is a problem, there is a way. If there are pitfalls, there must be way to avoid pitfalls. Yes, the way is called knowledge. The only way to avoid falling in a trap in such a situation is to educate you in current rental law Texas. You will find the answers to numerous questions and many of your problems or sufferings could face an end.

If you are interested in learning more on rental law Texas, click the link below to grant yourself access to all the information you need to know!

Is Forex Trading In India Breaking The Law

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October 24, 2018

12:36 am

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The nature of forex trading is such that it can be perceived as gambling and made illegal in some countries. We are fortunate that this is not the case in India and many people are quietly making 1000’s on a daily basis.

Although forex trading itself is not illegal in India it can be difficult to profit from the limited currency pairs that you are allowed to trade. The Rupee currency of India is highly protected by the Royal Bank of India and exchanging it for other currencies is highly restricted. They have been more lenient with these laws recently as to aid the economy by introducing the financial markets, but the rupee is not a volatile currency so it can be hard to profit.

The forex market does not change wherever you are in the world, it still has trillions of dollars traded on it every day and it is still possible to trade 24 hours a day 5 days a week. There is no reason why Indian residence cannot take a piece of this action and in fact many of them are. Many Indians are joining the global financial market every day.

The spread betting companies in India might well be limited to the trading pairs that they can offer but it does not mean that people in India cannot go elsewhere to trade forex. Using a managed forex account is becoming increasingly popular as a method for residence of India to benefit from the complete forex market.

There is nothing illegal about using a forex managed account and it is the simple task of opening an account and giving it to a professional to trade on for you. The benefits include staying within the law and being able to have a much more profitable account in your portfolio.

You do not need to get involved in the task of trading yourself you can leave that task to the professionals. Simply sign the necessary paper work to give the account manager the power to use your account and watch the profits roll in.

It is hard not to see the benefits of using a forex managed account; for one the combined experience of the traders means you are getting profitable trades and not just lucky wins. It is important to remember that although the forex market can be very lucrative it can have a steep learning curve for the inexperienced trader.

There is no need to worry about money in your trading account as it can only be withdrawn to the card from which it was first deposited. All you need to do is sit back and allow the account manager to do his job and of course withdraw the money now and again.

India will definitely have access to the full forex market in the future as it is impossible for them to stay out of this huge earning potential. Until that day comes about using a managed account is the best way to see success in the market place.

Take advantage of the professionalism that is on offer with a managed account and see your investments grow for very little effort.

Choose A Specialization For Your Career In Law

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October 17, 2018

4:29 am

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You have made the very difficult but rewarding decision to pursue a career in law. Now comes the harder part! Which area of law should you specialize in? With literally dozens of options to choose from, it is easy for someone just entering law school to get boggled. It is best if you can choose a specific area of law as your specialty quickly so you can focus on it and build your expertise.

There are a few major areas of law which then have several specializations contained in them, making for the range of specializations available. In the past few years, some of the most challenging and popular areas of law students have been opting for are healthcare, employment, insurance, bankruptcy and labor law.

Bankruptcy law students need to familiarize themselves with the eligibility requirements necessary to file for certain types of bankruptcy protection and the particular protections granted under each type. They will also need to learn about the specific rights of debtors and creditors.

Employment law is a diverse field that deals with the relationship between employees and the employers that they work for. If employment law is your preference then you need to understand the laws that apply to hiring, wrongful terminations, and the restrictions of employees when they move on to other employers.

Health care law has grown increasingly complex in recent years due to the fact that the industry has decided to focus upon managed health care. All laws pertaining to public and private insurance need to be fully understood. Also, a lawyer entering into this growing field must be able to address potential malpractice issues and help organizations make the shift to managed care as smooth and legally compliant as possible.

In case you want to make a career in insurance law you will need to understand the function of insurance in civil litigation matters and how they affect public policy. Basically, insurance law involves the interpretation and enforcement of property, liability, and life insurance policies.

Labor law has been fairly static in the recent past, but this field is expected to grow in the coming years. The expected growth is related to the changing management policies and techniques used by international corporations. A lawyer in this field needs to be familiar with the laws regarding collective bargaining, union organization and the obligations of a union to its members.

Without question, the legal community will continue to grow as society becomes more complex and therefore needs more laws to govern it. The areas of specialization listed above are by no means the only areas to consider but they are some of the hotter areas in the legal profession to enter. Before deciding upon your area of specialization, it is highly recommended that you do your homework and take the time to talk to some lawyers in that field to make sure that you are truly interested in that line of work. Otherwise, you could end up wasting a lot of time, effort, and money pursuing a dream that was never really yours to begin with.