July 21st, 2010 by admin
The tangible expression of any individual creation is protected intellectual property. Majority of nations have put down specific rules and regulations in this regard. The protection of intellectual property helps you prevent any unauthorized reproduction or use of your creation.
The first question is how to get protection. Whether it is a trade secret (a formula or business strategy), a trademark (a symbol, letters, words or phrases), a copyright (a book, audio, video, etc) or patent (technical or scientific invention), the protection of each involves a particular procedure.
Let us have a look at copyright laws applicable in Djibouti. Suppose a writer has finished a work of fiction. Or a music composer has completed a song. The moment it is complete, it becomes protected property. However, when you opt for official copyright, it becomes easier to protect your creation.
Contact a copyright lawyer practicing in Djibouti as the first step. Still better, opt for a lawyer who has a good idea about the global copyright scenario as well. This way your work is better protected from any unauthorized entity.
What are the responsibilities of the lawyer? A competent Djibouti copyright lawyer must be able to take care of the following aspects:
- Drafting and filing the application for legal and exclusive rights
- Advising how to protect the work
- Defending you in case of conflict
- Preparing cease and desist letters
- Negotiating on behalf of the client
- Litigating in case of copyright infringement
How do you choose the copyright lawyer? Always opt for a legal professional who is aware of the details of the Djibouti intellectual property laws. He/she must have the license to practice law in the nation as well. It is also essential to choose someone who has handled such cases in the past.
April 8th, 2010 by admin
An intellectual property considers all of your own invention like your thoughts, your feelings and many more activities by your brain. And the government has taken the responsibility to protect your discovery or invention by implementing intellectual property law that covers trademark, copyright, patent etc…
The intellectual property attorney will be able to understand when an intellectual property violation has occurred on case by case. Actually this is a theft or copying of another product or material and claiming that he or she is owner of the product or material and that is very illegal and also prosecutable. It may be a very complicated area of law but the efficient IP lawyer will be able understand it when the incident occur.
What would be punishment of violating Intellectual property (in terms of copyright) law?
If you have a product that is copyrighted and if that copyright is violated then the Intellectual property owner or the copyright holder may ask for an injunction against the entity that is violating the copyright. The copyright holder may also seek statutory or monetary compensation for the violation of copyright. If the violator is found guilty by the court of law then criminal penalties will leveled against the violator.
The penalties are:
- Until and unless the law of court will take any action, a temporary injunction will be prohibiting an individual to continue to infringe copyright. And the permanent injunction will prohibit an individual to violate the copyright permanently.
- A copyright holder can request for the statutory damages that will be calculated per work infringed.
- A copyright holder can request for a monetary damages that are earned by the individual or entity while a copyright is violated.
If the IP law violator is found guilty the there is an imprisonment of up to 5 years or a fine of up to $500,000 for a first offense. And for the subsequent offenses the punishment may be an imprisonment of up to 10 years or a fine of up to $1 million.
Additional Information: To avoid copyright violation in Chicago please contact with an efficient Chicago IP Lawyer.