Business Law Archive

Rabbi Trust . . . a term we may all become more familiar with as the financial woes of big companies begins to affect more and more people. Exactly what is a rabbi trust? I’m …

The Leahy-Smith America Invents Act (2011) was introduced as a jobs-creation bill. The bill introduced significant changes to the US patent law. CNET reports that among the changes was a shift in application policy from first-to-invent …

Each party will enter a commercial contract with the best of intentions. However, it is more or less inevitable that disputes will arise, so prudent business partners will include contractual provisions to deal with such …

In an ideal world, each party to a commercial contract would perform its obligations faultlessly at the first time of asking. However, the reality is that like all relationships, the parties are likely to go …

Inventor Q&A: Should I manufacture my invention or license it for royalties? “I have a new invention that I’ve been working on. I’m just not sure how to actually go about producing and marketing my …

The 1980 Rome Convention on the law applicable to contractual obligations will be replaced by a new regulation, the Rome I Regulation (Regulation 593/2008, OJ L177/6). This was approved by the Council on 5th …

The Patient Protection and Affordable Care Act (2010) requires all Americans to have comprehensive health care insurance from their choice of private health care insurance provider. At the same time, a health care insurance provider …

Companies may consider outsourcing services such as payroll, customer call centers, and other units and processes as a way of saving costs and streamlining their business. As such, it is important to consider appropriate cost …

The source of protection of copyrights is predominantly two-fold: international treaties determine the essential terms of copyright protection and set the “floor”. Each signatory country has also adopted its own set of laws concerning Copyrights …

Anyone can earn a patent and thus secure the right to profit from his or her invention. Patents are the core of the capitalist system, as they provide a financial incentive for people to be …

The Agency Workers Regulations 2010 came into force throughout the UK on 1 October 2011. If your company or organisation uses agency temps, here are five things you need to take into account. 1. Rights Temps …

The Leahy-Smith “America Invents Act” was passed in an unusual and rapid process that eliminated the addition of any new amendments. See H.R. 1249 for the complete act. President Obama signed the act into law on September 16. …

Every business is started with an expectation of glorious success down the road. Alas, the statistics show that most businesses will not make it beyond an initial two year threshold. If you are experiencing a …

The term sui generis is a Latin word which means of its own kind, that is forming a class of its own, or, in other words, is unique in its characteristics. Intellectual property refers to …

Not everyone knows that Louisiana is unique among American states for having a completely different system of law. “Common law” is what the other United States and England have, as opposed to “civil law”, which …

Many legal issues exist that can impact a company, especially a new entrepreneurial venture. One such legal issue pertains to the trademark and the less known trade dress. The power of the trademark is severely …

According to United States Patent and Trademark Office (USPTO), the term “patent pending” means an inventor has filed a provisional application for a patent. So, when you see the phrase “patent pending” next to a product, …

Contracts form the bedrock of any lasting business relationship. They define the roles, responsibilities and obligations of the parties, and document the deal that has been done. However, many businesses fail to take an adequate …

The UK’s antiquated and fragmented law on bribery and corruption was finally consolidated when the controversial UK Bribery Act 2010 came into force on 1st July 2011. The Act is considered the high watermark of …

The law of trademark abandonment, also referred to as “non-use” and “cancellation”, is international in scope. While the time frame and specific definition for non-use and abandonment vary slightly from country to country, countries that …

Protecting your intellectual property is a vexing subject for all business, big and small. A company employs people to contribute new ideas, to input sensitive data and to learn the fundamentals of that business. Some …

Intellectual property is a creation that comes from a mind. It may be formed through written expression, inventions, art, music, films, photographs and even as a business symbol. Intellectual property laws protect an owner’s exclusive …

The World Trade Organization (WTO) deals with dispute settlement problems among member countries by referring cases to a series of internal panels established under an international trade agreement called the Dispute Settlement Understanding (or, by …

As difficult as it is to accept the practical, as opposed to the ideal, the best way in which a lawyer can prepare witnesses for trial, is to speak quite frankly with their client. Is …

I have a problem with people who break copyright and at the same time, I totally understand what it is like when you need a piece of audio or visual material for a project – …

Trademarks are the signatures of products created by their owners. A mark identifies a product such as, “Harley Davison, McDonald’s golden arches,” and the “Play Boy Bunny.” The owner of the mark can apply for …

A Shrink Wrap Contract is a license agreement or other terms and conditions of a contractual nature which can only be read and accepted by the consumer after opening the product. In short, a Shrink …

This guide on how to prepare a cease and desist letter is a basic checklist for enforcing patent rights against a suspected infringer. Before writing the letter, the rights owner must conduct a thorough investigation. …

Many people probably don’t even realize they have intellectual property rights… much less how to protect them! Protecting your intellectual property rights is a 21st Century dilemma that potentially affects anyone who owns a web …

The UK has a highly developed and well-respected system of corporate governance regulation. This system of regulation embodies what is often called a ‘shareholder-led’, rather than a ‘principles-based’ approach, in which emphasis is placed on …