Saraah Pincher

 Sarahh Pincher offers first-class lawyers in different areas of legal inquiries with the strictest confidence and prompt answers.

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Save Time, Save Money: 4 great reasons to hire Online Lawyers

Online Lawyers: Out with the Old, In with the New

Would you trust an online lawyer? We usually approach lawyers during difficult and bitter times of our life. This is an understandable reason why individuals are not so favorable of lawyers and the profession as a whole. Although lawyers have gained much respect in society, people often tend to relate lawyers to memories of trouble and hardship.

Yet, what is often forgotten is that it’s the lawyer who ends up saving the day! Thus, the long-held conception of the mysterious lawyer needs to be set aside, as it closes the door to trust formation between lawyers and clients.

Now, we often know relationships to be only face-to-face meetings and have become skeptical when trying to trust people and what they say online, let alone a lawyer’s online legal advice. Whilst this is a reasonable precaution to take, and due diligence is always necessary, it hampers the legal industry’s ability to keep up with the times.

We live in the digital age, and this means that we’ve become quite adapted to establishing bonds—whether work or personal—in online spaces. What we need to keep in mind is that we’re talking and interacting to and with a person, not just a screen.

Trust

It’s not always just the need for face-to-face meetings that influence the trust-building process. There are many other factors involved when we’re talking about paid or free legal advice online. let’s take a look at some of the main difficulties people attribute to hiring online lawyers.

1. Transparency when Receiving Online Legal Advice

This is actually a problem one has to worry about while working with a traditional law firm. Due to the accessibility and transparency of online platforms, an online lawyer’s advice and service can be easily monitored and followed irrespective of time and place. You no longer need to physically travel to meet with your attorney; all you need is to simply send a message or check the status of your service on the platform. This, of course, requires using a reputable platform that gives you this option.

2. Cost of Receiving Online Legal Advice

When receiving legal advice or representation from traditional firms or practitioners, costs and billing are always an issue.  Many firms charge extra fees on top of what they quote, with hidden fees, hourly rates, and other lines added to your bill, which might surprise you later.

Fortunately, many online legal services do away with that surprise. Being charged or billed for every minute you speak or chat with a lawyer is no longer an issue when you’re receiving your legal advice online and through a reputable platform. Some online legal platforms provide all charges upfront. LegaMart™, for example, sometimes even provides services through fixed-rate packages. Thus, there is less concern of an attorney stopping work on your case due to financial concerns. With LegaMart™ for instance, every necessary charge is stated in the first conversation between any legal professional and their client.   

3. Uncertainty About Needing Legal Advice

Most of the time, people avoid seeking legal advice, especially online, because they are unaware of the seriousness of their case. Whilst many lawyers provide an introductory free session to assess your cases, not all online legal platforms provide such services. Luckily, not only does LegaMart™’s online legal platform offer free Case Briefings, but also a community platform in which prospective clients can pose questions about their case, and receive free legal advice from legal experts, which can help them assess their legal needs.

This is a great way to seek online legal advice without even having to take a step. Receiving free guidance is the first step in recognizing a legal problem and the necessary steps for its solution.

4. Online Legal Services Do Away with the Need for Referrals

Just because you don’t know of a lawyer, doesn’t mean you can’t find one. Thanks to the growing industry of legal tech, finding a lawyer has become easier than ever. The time of referrals is long gone with platforms such as LegaMart™, where an individual or business can meticulously search lawyer profiles in order to find the best fit. Thus, a lawyer doesn’t always need to be near you physically when you can receive online legal advice from an online legal service anywhere in the world!

On the whole, the traditional law model is long outdated with its time-consuming procedures and lack of efficiency. With the use of technology, legal services can produce more in a shorter time span, which ultimately works in favor of the client. Wouldn’t you want your case completed sooner? We sure do! Such time savings accrue less legal costs.

So, you are receiving professional legal advice on a quicker delivery turn-around, less cost, and with more certainty and transparency. Try giving the online world a chance next time you’re looking for a lawyer or legal advice, you won’t regret it!

To find a lawyer online visit Legamart.

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Everything You Need to Know about Trade Secrets 2022

Trade secrets introduction

Trade secrets can be used to safeguard any economically important knowledge. Trade secrets are not the same as other forms of intellectual property rights. In exchange for protection, there is no registration procedure and, by definition, no duty to divulge the information to the public. Rather, trade secret protection comes as a result of how the secret information is handled.

The Trade Secrets Regulations 2018, governs trade secret protection in the United Kingdom. According to the Regulations, a “trade secret” is “knowledge that is secret in the sense that it is not widely recognized among, or readily available to, persons who ordinarily deal with the type of information in question.”, as a body or in the precise configuration and assembly of its components. This information has economic value because it is confidential and has been subjected to reasonable efforts to keep it confidential under the circumstances by the person lawfully in charge of the information.

Despite the fact that these rules are based on an EU directive, they will continue to apply when the UK leaves the EU. The Regulations essentially indicate that acquiring, using, or disclosing a trade secret is illegal if the acquisition, use, or disclosure results in a breach of confidence in confidential information.

More information about trade secrets’ definition is available here:

Importance of trade secrets

Trade secrets may cover anything that you want to keep hidden. In contrast, there are legal limitations on what can be protected by patents, registered designs, and copyright. Artificial intelligence (AI) is one of the most highly contested topics at the time of writing in the intellectual property field. While the UK and European Patent Offices continue to debate how AI inventions should be patented, it may be worthwhile to investigate if your AI idea may be successfully secured by maintaining it as a trade secret. A trade secret can safeguard a statement or data concatenation that might be particularly beneficial in the field of artificial intelligence.

There is also the point that, at least in principle, it’s free. The only expenses connected with maintaining a trade secret are those incurred as a result of your attempts to keep the trade secret hidden. This might just be the expense of obtaining high-quality shredders and preparing non-disclosure agreements for workers, contractors, and suppliers for most businesses. For certain companies, such as Coca-Cola, this might be the expense of storing specific papers in a bank’s vault.

Another vital advantage of trade secrets is that, if you can keep your trade secret hidden, it will survive forever. Obviously, once the cat is out of the bag, it’s quite difficult to get it back in. However, if you can keep yourself and anybody else “in the know” from spilling the beans, you will have indefinite protection for your invention.

The majority of other forms of intellectual property rights include a term restriction. Copyright protection in the United Kingdom can last up to 70 years, depending on the sort of work being protected. A registered design in the United Kingdom can be protected for up to 25 years, whereas a patent grants protection for 20 years. For example, if Coca-Cola had chosen to patent its valuable recipe, the patent would have expired before World War II.

How do you protect a trade secret?

Normally, there are various methods by which different kinds of intellectual property can be registered. However, the legal status of trade secrets as property is unclear; the more widely held belief is that trade secrets are not property. 

Trade secrets, on the other hand, can be protected by a breach of contract action, if a non-disclosure agreement exists or can be implied, another requirement of secrecy, a common-law action for breach of confidence, or a statutory trade secrets case. A common-law suit for breach of confidence is founded on the premise that a person cannot take undue advantage of information obtained in confidence or prejudice the person delivering the information. In both Scotland and England, this same idea holds true.

To comply, information must have the “required quality of confidence” and be “disclosed in circumstances imposing a duty of confidence” like being enforced by contract, inferred by the circumstances of disclosure, or implied by the parties’ relationship, such as employer/employee. However, there are limits to how far information may be preserved when the connection is terminated, particularly in employer/employee situations i.e., Information must be sufficiently sensitive, with extremely sensitive trade secrets potentially preserved permanently.

This is very important because we must not forget that confidential information and trade secrets can be among a company’s most valuable assets. A competitive advantage in the marketplace may rely on a company possessing information that its competitors do not. Imposing particular contractual responsibilities on intended targets is one method of keeping information confidential. Businesses must impose these duties before revealing sensitive information. Such duties should be explicit and relevant to the information in question, as well as address the reasons for releasing the information. Measures should be provided to enable the monitoring of the recipient’s use of the information as well as the return of the information when the connection has terminated as well.

Conclusion

Businesses must have strong safeguards in place to preserve their trade secrets. There are no precise processes or safeguards that must be put in place for information to be protected as a trade secret. Trade Secrets must be subject to “reasonable precautions under the circumstances… to keep it secret,” according to the Regulations. Depending on the significance of the information, the necessary safeguards might range from labeling it as confidential to more strict safeguards. The example of Angostura is a shining case of how protecting trade secrets can lead to so much success, especially when the trade secret gives a powerful competitive edge to the company. 

In terms of mechanisms allowing the owner of trade secrets to obtain and/or maintain evidence of trade secret infringement, the Regulations indicate that the regular range of UK court measures is available in respect of Trade Secrets claims. Evidence preservation orders, computer imaging and inspection orders, search orders, and orders for document disclosure are all available means to preserve evidence.

With this much protection in place, it is hard not to think that trade secrets are one of the most important components of IP portfolios that can be very advantageous to businesses worldwide.

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According to legamart, Formulas, techniques, procedures, designs, instruments, patterns, or compilations of information have inherent economic worth because they are not widely known or easily ascertainable by others, and which the owner takes reasonable precautions to keep secret are examples of trade secrets. The owner of a trade secret has the right under intellectual property law to prevent others from disclosing it. Secrets are referred to as confidential information in some jurisdictions.

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Protecting Trade Secrets - Legamart

Trade secrets are intellectual property (IP) rights on confidential information which may be sold or licensed. For more details visit the legamart.

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Fashion Franchising: Top Information for Franchisors and Franchisees

An Introduction to Fashion Franchising

When you want to approach an expansion strategy for your fashion brand, there are a series of challenges to face with. For instance: How are you going to adapt your products to another country with a different culture? How are you going to face the banking and transaction challenges?

To solve these problems, or even better, try to prevent such problems, the answer is franchising your business.

Fashion and clothing are among the most competitive industries globally, gathering together numerous noteworthy international enterprises. Some consider it one of the biggest industries with a global market value of 759.5$ billion. In this market, many try to develop their business by different means. The most adopted one in franchising, a legal measure known to be practical in order to retain the balance between capital contribution and keeping control over subsidiaries.

In January 2006, the Financial Times published a story about Gap, the US clothing retailer, announcing its “first-ever franchise agreement” with the purpose of expanding into Asia, starting in Singapore and Malaysia. Today, based on the company’s reports, Gap has expanded its presence through franchising in more than 40 countries all over the world. You can see how franchising can make a difference when it comes to business growth, but what are the advantages of franchising in the fashion industry? How can one be sure to profit from such agreements?

A franchising contract can help new businesses run more efficiently. A franchisor can provide the new team with information regarding the market insight, customer point of view, etc. It usually owns enough resources to ensure novelty in business. The franchisor also helps with initial capital contribution and guides the new team through possible challenges.

However, for the franchisor to benefit from a franchising contract, some points must be considered. First, it is essential to know the possible consumers in the franchising destination. In addition, the company should be vigilant when choosing a franchisee since the franchisee represents the main company. It should also be noted that the terms of the agreement guarantee implementation of the brand’s standards. As for the last step, the company must monitor the performance of franchisees and build a productive relationship with their teams.

Why Choose a Franchise?

Let’s start with a fundamental question. What guarantees the success of a new business in fashion and clothing? One obvious answer is knowledge. Having an insight into different aspects of a business can have a massive impact on the financial outcome. In the fashion industry, newcomers must consider studying the market, materials, and customer choice. Gathering information on these topics and other factors affecting business requires a considerable amount of monetary and human resources, and it also takes time. However, this kind of insight can automatically be obtained while working in the industry.

On the flip side, a franchiser that is typically an experienced and influential actor in the industry and has observed the evolution of the market for years certainly has a better understanding of the situation of the new businessman and how to optimize the efforts in order to reach high levels of productivity. In this situation, mentoring plays a key role. Experimental evidence supports the strong impact of professional mentoring on the success rate of new business groups.

Conclusion:

Have a positive approach to franchisees: the brand owner must have in mind that the franchisee is a part of their team and partner in the business in the big picture. For that reason, whatever the company does in an effort to empower franchisees and help them keep business going will literally contribute to the growth of the main company. Therefore, it is reasonable for the franchisor to maintain a positive relationship and support the franchise as far as possible.

Check this out if you want to read more about franchising agreements:

6 Essential Elements of Franchise Agreement

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Trade Secrets: Definition, Protection, Types, and Remarkable Examples

Trade secrets, what is it?

The Uniform Trade Secrets Act (“UTSA”) is a piece of legislation created by the Uniform Law Commission (ULC). The USTA defines trade secrets and describes claims related to trade secrets. What are Trade Secrets?

The USTA defines a “trade secret” as:

Information, including a formula, pattern, compilation, program, device, method, technique, or process that:

Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

It is the subject of reasonable efforts under the circumstances to maintain its secrecy.

Trade secrets may take a variety of forms, such as a proprietary process, instrument, pattern, design, formula, recipe, method, or practice that is not evident to others and may be used as a means to create an enterprise that offers an advantage over competitors or provides value to customers. Trade secrets are defined differently, varying from jurisdiction to jurisdiction, but should all have the following characteristics in common to qualify as being a trade secret. They must not be public information. Their secrecy ensures an economic benefit to their holder. Their secrecy is actively being protected.

In some jurisdictions, trade secrets are also known as confidential information. This confidential information is very significant for the business world. It is similar to top-secret documents of the government that are guarded by the governmental institutions. In the United States, trade secrets are defined and protected by the Economic Espionage Act of 1996 and also fall under state jurisdiction. As a result of a 1974 ruling, each state may adopt its own trade secret rules. 

The federal law defines trade secrets as “all forms and types of” the following information:

All the financial, business, scientific, technical, economic, and engineering information can be defined as types of trade secrets, and this can also include patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, and codes. Different jurisdictions deal with trade secrets differently. Some consider them property, while others have declared them an equitable right.

What are the examples of trade secrets?

There are many famous and real-life examples of trade secrets. The secret ingredients for KFC’s original recipe were originally kept in Colonel Sanders’ head. He eventually wrote the recipe down, and the original handwritten copy is in a safe in Kentucky. Only a few select employees know the recipe, and they are bound by a confidentiality agreement. Similarly, the secret formula for Coca-Cola, which is believed to be locked in a vault, is a perfect example of a trade secret that is a formula or recipe. Since it has not been patented, it has never been revealed.

Listerine is a popular example of a trade secret used in law schools. The inventor licensed the secret formula to Lambert Pharmaceuticals. Lambert (now Pfizer) made royalty payments to the inventor’s family for over 70 years, even though the formula was revealed during that time. 

Pfizer tried to stop payments after paying over $22 million for a formula that was no longer secret. It sued, saying it was no longer responsible for licensing fees. The court ruled that the contract did not stipulate that payments could be stopped if the trade secret was legitimately discovered by others, especially since Pfizer had acquired the formula when it was still secret and derived a competitive advantage from it. 

The special sauce recipe was a trade secret, so secret it got lost in the 1980s during reformulation. Nobody noticed it missing until an executive wanted to bring the original back. Fortunately, McDonald’s was able to retrieve the recipe from the original person or company that originally produced the sauce, as the recipe was still in the records. 

To sum up

Companies should inventory their trade secrets, utilize all reasonable means to preserve them, and examine the various legal tools to safeguard these precious assets as trade secrets become more relevant in the corporate sector, the legal community, and society at large. LegaMart is your assistance in your legal issues.

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Using the legamart blog as an example, Trade secrets are proprietary knowledge protected by intellectual property (IP) rights that can be sold or licensed. In general, for knowledge to qualify as a trade secret, it must be both financially valuable and known only to a small group of people.

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Trade Secrets: What You Need to Know - Legamart

Using the legamart blog as an example, Trade secrets are proprietary knowledge protected by intellectual property (IP) rights that can be sold or licensed. In general, for knowledge to qualify as a trade secret, it must be both financially valuable and known only to a small group of people.

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Legal Community Platforms for Lawyers

Thing Is Going Digital – Even Law

With the ever-growing rise of the presence of technology in the world, it is no surprise that legal communities have gone digital as well. Though online legal community platforms are still a relatively new phenomenon, they are full of potential. From only a few hundred in 2018 to thousands today, they are becoming more prominent and available. Over time, that demand is only going to increase.

Previously, the primary focus of legal communities was one of a number of services. They were either communication platforms for lawyers to talk to other lawyers, search platforms for clients to find lawyers, or open communities that provided free Q/A forums. Now, however, some platforms provide all of these services, and more – an all-inclusive experience in the field of law. You can:

Attract and gain clients by responding to posted legal cases and inquiries  

Brainstorm with fellow lawyers  

Discuss current events  

Join a public debate 

Establish new connections  

Contact your clients easily

Have everything all in one place

Legal Platforms Can Organize Your Practice

Everyone knows that when your workspace is organized, so is your mind. When your mind is organized, you can be more efficient, more relaxed, and, ultimately, you can get more work done. This can only happen, however, when everything is in one place.

Recently, more legal platforms want to do just that for lawyers. They give attorneys an easy-to-use interface that allows them to keep everything that they could ever need in one place.

Legal communities provide a holistic environment where lawyers can easily fulfill all of their tasks. There is a personal dashboard available where lawyers can easily and securely store their documents and case files on a cloud. This way, they can all be accessible.

Regarding interactions with other skilled lawyers, there is an exclusive platform that gives the opportunity to connect with thousands of other legal representatives. This is done privately through online community forums and posts. Then, there is also the opportunity to contact and interact with both current and prospective clients. Lawyers can share information with their current clients, while also having the chance to find potential cases.

Legal Platforms Give You Access to an Ever-Growing Online Community of Lawyers

One vital feature of any online platform is the opportunity to communicate with other lawyers regarding diverse different topics. This is a way for members of the legal community to obtain knowledge, as well as share their own.

Legal Communities Connect Lawyers with Potential Clients

Legal platforms do not only offer a private side of online legal platforms concerning lawyer-to-lawyer interaction. There is also a public site that allows prospective clients to connect with lawyers that are suitable for their current case. This gives lawyers access to a broad client pool. This client pool even increases on legal platforms that offer international service through access to an international community.

By putting their profile on a legal platform, lawyers are giving potential clients access to not only their contact information but also their resume. This means that the possibility of finding a lawyer, even one in another jurisdiction, is higher than ever for clients. This, in turn, makes finding those clients easier for lawyers. This process facilitates professional growth and allows legal representatives to build upon and increase the clientele that they already have.

Building Bonds within the Legal Community

With access to a limitless pool of knowledge, and the assurance of a private, secure workspace, it is easy to understand the reason why legal community platforms are growing every day. As lawyers, our first priority is to provide the best service for our clients, and it’s about time that the same was done for us. That is why legal platforms have been created. They strive to give a community not only between associates, but one that forms a bond between legal colleagues worldwide.

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Detailed Accessible Cinematograph Film Copyright

Detailed Accessible Cinematograph Film Copyright

“I’m looking forward to making my first film and already have contracts with production companies, scriptwriters, and the music composers to make a successful film. However, I’m afraid that my work can be reproduced by someone else as the internet has become a very scary place when it comes to copying content. Also, there are many competitors in the film industry and I don’t want my film to be copied by anyone else. Not only the film, the other creators who will be working together want to protect their work but we don’t have the proper knowledge on how to protect our work from such disputes.”

Below are more articles related to copyright:

International Copyright Law, 2022: Top Shocking Court Cases

5 Tips For Copyright Infringement: Social Media Channels

How copyright is related to cinematographic films

Did you know the films you watch or the sound recording or the background music are all protected under copyright law? 

Because it’s regarded as an original work by a creator. Copyright provides the privilege to the original creators to protect their unique artworks and provides the original creator to enjoy the exclusive rights and rewards. It’s important to note that a mere idea cannot be protected by copyright, if the idea is in the form of creative work then it will be eligible to obtain copyright protection. This leads us to cinematograph film copyright.

For example, a cinematographer has an idea to make a movie based on a unique plot but he cannot claim copyright protection because it’s just a mere idea. However, if he implements the same idea and makes a movie or a video, then the work can be protected under the Copyright law.

Therefore, cinematographic films can be defined as a visual work in any medium that is created through a method by which moving images can be created. Cinematograph includes any work when work involves moving images or visuals. 

To understand the definitions from the legal perspective let’s take the example of the UK Copyright Act of 1956, which defines cinematographic film under the Section 13, which states that Cinematograph films are the sequence of visual images which are capable of being shown as a moving image, or of being recorded on other material such as video tapes. 

Not only the UK copyright law but the definition of the cinematographic film is also mentioned under the Indian Copyright law. Under Section 2(f) of the Copyright Act, 1957, cinematographic film means any work that consists of a visual recording and a sound recording to accompany the visual recording.   

In the age of advanced technologies, it has become easy to copy and distribute someone’s original work. Therefore, it’s crucial to know about three things that will be discussed in this article, the three things are as follows: 

a. How your work can be registered?

b. How copyright is related to cinematographic films ?, and 

c. How the creators are being benefited?

Registration of copyright: India, UK, and the USA

Why is Copyright registration necessary?

Copyright registration differs from one country to another. For instance, in India, it isn’t compulsory as the work automatically gets copyrighted once it’s created. However, it is advisable to get your work registered for copyright protection even though it’s automatic because the documents you will receive after the registration can be used as evidence in the case of copyright infringement or disputes that occurred on your original creation. 

Along with that, copyright registration will prevent your work from being duplicated for a certain period of time. Similarly, in US copyright law, copyright registration is not mandatory but it is necessary in order to enforce the exclusive rights through litigation. Registration under US copyright law helps you to have a record of your work with US customs and border protection that will give you protection from improper use of your work or infringement of your copyrighted work.

Key elements of Copyright registration

There are some prerequisites needed to be followed for copyright registration such as the work must be original, creative, and can be fixed in a tangible medium.

The original author or the authorized person can reproduce or reuse his work under copyright law.

Privileges enjoyed by the copyright holder are the right to issue copies of his work, can reproduce his work or control the reproduction of his work by someone else, etc.

Not everyone can opt for copyright protection, only creative professionals such as cinematographers, artists, musicians, authors, writers, etc can opt for copyright protection and register their work under the Copyright law.

The original works should be in a tangible form, it means the work must possess a physical form that can be felt or touched or have a concrete form.

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As per legamart, Labor law has won recognition as a distinctive branch of the law within the academic legal community, but the extent to which it is recognized as a separate branch of legal practice varies widely depending partly on the extent to which there is a labor code or other distinctive body of labor legislation in the country concerned, partly on the extent to which there are separate labor courts or tribunals.

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Factors in labour law - legamart

As per legamart , Labor law has won recognition as a distinctive branch of the law within the academic legal community, but the extent to which it is recognized as a separate branch of legal practice varies widely depending partly on the extent to which there is a labor code or other distinctive body of labor legislation in the country concerned, partly on the extent to which there are separate labor courts or tribunals.

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Copyright in Business: Latest Regulations, Laws, and Protection

Copyright is a legal solution for protecting the creator’s rights to an innovative product. It aims to benefit the creator and promote novelty in different disciplines. The extent of copyright-protected rights is determined by the laws and regulations enacted by national governments. However, as a globally accepted criterion, three factors of fixation, expression, and originality are required in order to address copyright.

Copyright is not limited to business. Here are other samples of copyright:

Literary Work Copyright; Benefits, Procedure, and Best Practices

Detailed Accessible Cinematograph Film Copyright

What is copyright in general?

Copyright is a type of legal protection provided to content creators by assigning special rights to works that meet the criteria for protection. When someone develops products that are considered innovative and original, such as literary texts, musical pieces and compositions, movies and screenplays, visual designs, computer software, and other forms of mental creations, it needs to be safeguarded against illegal use and reproduction.

The primary purpose of copyright in business and other areas is to promote innovation in a variety of disciplines, including technology, science, and culture, while also allowing the copyright holder to profit financially from this innovation. This legal framework also makes knowledge and entertainment more accessible to the general public.

What rights does copyright provide for businesses?

Despite the fact that international treaties have established a set of minimum requirements for copyright law, legal protection of copyright in business is a national rather than an international concern, which means that it is national governments’ responsibility to specify the terms and scope of copyright and what it preserves.

Take the Copyright law of the United States, for instance;

 Section 106 of this act provides the following exclusive rights for the copyright holder of an original piece of work:

• The right to reproduce and make copies of an original work;

• The right to prepare derivative works based on the original work;

• The right to distribute copies to the public by sale or another form of transfer, such as rental or lending;

• The right to publicly perform the work;

• The right to publicly display the work;

• The right to perform sound recordings publicly through digital audio transmission.

This act also determines the validity duration of copyrights and clarifies the terms for copyright transfer. According to this law, all of these rights can be transferred together or individually through licensing or assignment. If the rights are to be transferred exclusively, it is obligatory to provide written proof of transmission. However, non-exclusive copyright transfer doesn’t need to be in written form.

Regarding the duration of the copyright, in general, every original product is legally protected from the date of publication until 70 years after the creator’s death. This period will be altered if there is more than one creator or if the creator is unknown.

What can be protected by copyright in business?

Not all innovative creations in businesses are eligible to be copyrighted. There are certain criteria for a product to be protected by copyright.

Fixation

First of all, for a creation to be copyrighted, it must be presented through a “tangible medium of expression.” This criteria, also known as fixation, demands the product to be exhibited in a format that necessarily will last more than a temporary period. For example, a charcoal/ chalk painting on a sidewalk cannot be considered fixed since it normally will fade after a short while. Yet, it can be copyright protected when recorded as a photo or video.

Expression

Another requirement for copyright protection is expression. Copyright does not preserve the rights to a mere idea or concept. As a result, the product must be expressed in order to be distinguished from the specific ideas of others. This is mainly due to the fact that forbidding innovators from duplication of ideas will result in significant restrictions on creativity and a reduction in the productivity level of innovative lines of work. Such a result is basically contrary to the purposes we follow by using copyright.

Originality

Finally, originality is the most crucial aspect of copyright in business. The entire concept of copyright is based on the author receiving particular benefits in exchange for their mental exertion in creating something new. As a result, when the work is not unique, the inventor will not be entitled to compensation. This simply means that no one can enjoy the outcome of someone else’s work.

There is no explicit definition for uniqueness; however, national copyright acts and international documents recognize specific thresholds for originality. Although even with these considerations, determining the line between original work and copied version is not always easy.

Taking advantage of copyright for your business

Now that you understand how copyright works and what rights it preserves, you might wonder how it can be used to benefit your company. Copyright can help a business in a variety of ways, some of which are more noticeable than others.

Legal protection of rights

Copyright registration establishes your legal ownership of your work. This proof can ensure that your rights are protected in the event of a legal dispute. 

Financial gains

copyright-protected products can generate significant financial profit for a corporate group. This legal framework also allows you to use other people’s work for business development purposes under certain conditions.

Avoiding legal disputes

Businesses might use copyright registration as a pre-emptive measure to prevent others from unauthorized utilization of their work. Registration of copyright in business serves as a public notification of your intellectual property ownership, allowing others to recognize that you are the owner and refrain from using your work without permission. As a result, you will be less likely to be forced into legal conflicts.

Encouraging innovation

being able to profit from new ideas can motivate your team to try harder to promote originality and creativity in business. This approach eventually leads to improved financial performance and work quality.

Protecting and enhancing the reputation

copyright can easily affect your business reputation, whether you provide a creative copyright-protected product to the market or decide to use other people’s work. Respecting the ownership of others and paying for their work can promote a positive reputation as much as introducing unique ideas.

Copyright law for business and entrepreneurs

As the designer and creators of small and medium-sized enterprises, entrepreneurs essentially deal with matters of copyright while handling their business. The core idea of a lot of these businesses is a unique concept illustrated in the shape of a tangible expression. Even the ones that cannot be described as innovative ideas, can still benefit from innovative ideas of other creators, protected under copyrights.

Copyright can act as a value booster for SMEs; however, there are a few key considerations for business owners: 

Mind the general criteria of copyrighted products: as an entrepreneur, you must remember that your creation is only legally protected if it is captured, fixed, and expressed in a tangible form and incorporates the uniqueness factor.

Pay for other people’s work: using the copyright-protected work of other creators can result in legal disputes and monetary loss. One easy way to avoid such obstacles in business is to make sure you have the creator’s permission to use the product or you gain it by fair payment. This includes your own employees’ work. If the primary creator of a product is a member of your business team, it is necessary to clarify ownership and entitlement to financial revenues under a contract.

Consider legal aspects and requirements: Legal rights and obligations regarding copyright differ in each jurisdiction. In order to exploit your protected rights under copyright, you have to understand how this protection will come into force and what it protects. You must also pay attention to the length of the protection period under applied law.

Final Words

To sum it all up, copyright is a legal notion that preserves certain rights for an author who not only came up with an original idea but also expressed the idea in a tangible fixed framework. When it comes to companies, copyright in business can be either the ladder that takes you to the top of the stone that makes you trip. As a result, it is critical for business owners to understand the legal consequences of dealing with copyright. 

If you are a business owner in need of help, our lawyers at LegaMart can answer your questions and help you make the right decisions.

[sarahh-pincher]

Franchising in The Perfume Industry: Discover Pros and Cons

Franchising in the perfume industry demands its own tips to be started.

In the year 1920, the French fashion icon, Coco Chanel, launched her first perfume line; A fragrance that later turned into the most popular perfume in the world and still holds the title. Chanel No.5 was a massive reputational and financial success for the brand Chanel. “This perfume alone made her a multi-billion dollar fortune despite earning her a mere 10% of the profits”.

How could a perfume brand like Chanel extend its business reach to achieve this worldwide success?

How to expand your perfume brand legally?

There are several ways for a brand to grow in size, and for individuals to join and participate in the growth of a perfume business

s. Among them is franchising. A franchise agreement allows the franchisor company to develop into the new local markets and the franchisee to enjoy the benefits offered by the main company.

Working under a franchising contract makes it possible for the franchisee to get better business insight, have more effective connections in the professional network, use a pre-established business model and customer base and overall, gain a greater chance for business growth.

Besides all these advantages, the franchising agreement imposes limits on the franchisee’s independence and creativity. It also inflicts too much pressure on the franchisee regarding the business extension and makes working conditions less flexible.

Here is another article about franchising for further information:

 5 Best Ways to Run a Franchise

What is to gain from franchising in the perfume industry?

Helps with business insight:

It is crucial for a newcomer to be passionate about perfumes and scents; however, it does not guarantee a successful business. There are other factors, including business insight and market skills, that affect the outcome. An existing perfume franchise has already figured out the business routine and can help with the minimum requirements to start a business.

Better networking with other actors in the industry:

A franchiser works with a series of companies and businesses. Whether these companies are suppliers, distributors, investors, or even rivals, they all shall be considered stakeholders, and the company’s relationship with them directly affects business. As a newly funded business, the franchisee may have a hard time building its own network; consequently, performing under the terms of a franchising contract provides an opportunity for the franchisee to benefit from the extended professional network of a big company.

Proven business model:

Some experts describe a business model as the “logic” of a company that defines the roadmap of a business and the steps to be taken to reach success. A comprehensive practical business model lets a company attract a talented workforce, convince investors and maintain a productive relationship with partners and customers. It is needless to say that a franchiser most certainly expanded its business using an effective business model. That being so, utilizing a franchisor’s proven business model can be a determining advantage for a new business.

Benefit from a well-known brand name:

Have you ever wondered why companies expand so much on advertisement? According to the result of a survey published by Customer Thermometer, 64% of women and 68% of men have felt an emotional connection with a brand. This means that whatever companies spend in order to make their brand name easily recognizable will eventually payback as people start to consider it a known brand. Considering the significant impact of a known brand name on business performance, working as the representative of a well-known company can significantly boost businesses’ revenues and financial performance by ensuring customer loyalty.

Established customer base:

One of the most serious concerns of every rising business is to gain the consumers’ attention and attract as many customers as possible. To achieve this goal, companies have to spend a considerable amount of time and money in addition to allocating resources and workforce. However, it is not always that hard to reach this objective. When a franchisee starts working under a franchising contract, the product is already demanded by a pre-established customer base, thanks to the efforts of the franchiser. This means that the franchisee can avoid losing resources and use them to expand the business.

Optimize efforts and expenses:

Choosing a franchising agreement, among other options in the perfume industry, provides an opportunity to benefit from wholesale buying of products instead of dealing with independent sellers. It also lowers the need to perform many day-to-day tasks of a business, which in turn saves a considerable amount of time and money. Altogether, this means being able to offer a more diverse range of perfumes while investing less money and effort.

More focus on growth:

By removing so many barriers to professional performance, franchising is a chance for the franchisee to concentrate on matters of most importance, such as growing the business and extending its territory. As a part of the main company, expanding the business reach of franchisees ultimately serves the growth of the franchiser company.

To Sum up:

To conclude all these points, there are so many advantages to choosing to franchise in the perfume industry, although there are some drawbacks as well. Whether to act under a franchise agreement or not is a decision everyone should take according to their limits and capacities. It would be beneficial to use an expert opinion of a legal professional before making any decisions. Our lawyers in LegaMart can answer all your questions concerning franchise agreements.

[sarahh-pincher]

According to legamart, copyright is a product of national law, hence there is no such thing as international copyright law. Despite this, approximately 180 nations have ratified the Berne Convention, which establishes a minimum set of criteria for the protection of the rights of producers of copyrighted works around the world and is maintained by the World Intellectual Property Organization (WIPO).

[sarahh-pincher]

Copyright Protection - Global Copyrights - Legamart

According to legamart, copyright is a product of national law, hence there is no such thing as international copyright law. Despite this, approximately 180 nations have ratified the Berne Convention, which establishes a minimum set of criteria for the protection of the rights of producers of copyrighted works around the world and is maintained by the World Intellectual Property Organization (WIPO).

[sarahh-pincher]

A Guide to the Successful International Registration of Trademarks in the US

International registration of trademarks is possible after reading this article.

I was about to fail my first exam in law school. Reading the questions once more, I glanced at the other students in the hall, writing as if a thief was chasing them with a pistol. 

And me? I started calculating how much it would cost to set up a nice little bakery downtown when the university board kicked me out! What would I name my bakery? “Stop n’ Chop?” 

No, that was too common. I decided on something more fanciful, like “Grover Pastries.” Maybe if my business succeeded, I could file a trademark application for my brand someday. Grover Pastries ®. And then, I would make millions of dollars and eventually register my trademark internationally. Bingo! Now, all I had to do was read all of this, open my bakery, and live my dream life.

What to do before filing a trademark application in the US

Before filing a trademark application in the US, you must choose a mark, such as a brand name or logo, that will later be registered by the United States Patent and Trademark Office (USPTO). The USPTO specified two important factors to consider when selecting a mark: the likelihood of confusion and mark strength.

When your mark is similar to that of another company, there is a chance of consumers mistaking your product for the other company’s. Similarities include logos, designs, fragrances, and tastes, among other things. 

For example, if the mark “TWEEDLE” is chosen for a cologne you created while a body sprays with the mark “T.WIDYL” is already on the market, consumers who are new to wearing “T.WIDELY” may mistake the cologne you created for “T.WIDELY” the next time they want to buy it. And if both products have similar fragrances, it will take a trained nose to tell the difference.

In general, the greater the likelihood of confusion between your mark and that of an existing product, the greater the likelihood of the USPTO rejecting your trademark application.

Also, the strength of a mark is determined by how easy or difficult it will be to protect it. Generic words and descriptive terms should not be used for trademark applications. Fanciful words (those with no known dictionary meaning, such as “Indomie”) and arbitrary words (those with dictionary meanings but used as marks for products unrelated to their meanings, such as “potato” for shoes) are the strongest marks and the easiest to protect if infringed.

Before proceeding with the trademark application, search the USPTO database for similar trademarks. If no marks identical to yours appear in the search results, you’re good to go. 

The legamart article helps you out with the startup ongoing process.