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What Everybody Ought to Know About Intellectual Property Law

Intellectual property law is the law that governs rights in creative works and inventions. The most common such rights are patents, copyright and trademarks.COPYRIGHT
Copyright is a right which gives the creator of an original work exclusive rights to it. This right extends to most literary, dramatic and art forms. Copyright is not indefinite, but rather last for a limited period. This period will vary depending on the type of work, and ranges from 25 years from the date of publication to 70 years from the date of death of the author. Copyright exists automatically, and does not require any form of registration for the creator to have copyright protection.PATENTS
A patent represents a series of rights granted by a national government, which effectively grants the patent holder protection and exclusive exploitation rights in connection with an invention. Not everything can be patented; patents will only be granted for something which is an invention, and which are novel, inventive and useful or industrially applicable.Where a difficulty arises in UK law is in deciding whether something is an “invention”. For any invention involving a tangible, physical object, this is rarely an issue, but the law is reluctant to apply to the status of “invention” to intangible processes or systems. This is usually extended to computer software, which is notoriously difficult to patent (although it will be subject to copyright).Patents can be obtained in the UK and other countries. There are also international patent-granting authorities, such as the European Patent Office and the International Patent Office. Many countries around the world accept the validity of internationally granted patents. Patent registration is a highly specialised area and is generally handled by expert patent attorneys.TRADEMARKS
A trademark is a distinctive indicator used by a business to identify itself. This may simply be a word or phrase, but it may also be a logo, sign or image. Trademarks can be registered for extra protection, but even if a trademark is unregistered the owner still has significant protection against its use by a third party, if the trademark owner can demonstrate established use and the perception in the eyes of the public of the association of that trademark with the trademark owner.There are also rights in UK and European law to protect rights in designs. This can be useful for a business producing goods which are of a specialist or distinctive appearance.All of the above is collectively referred to as intellectual property rights. Such rights can generally be sold or transferred permanently or, if the original owner wishes, to remain the owner, but is willing to allow others to use the rights, they can be licensed permanently or for a finite period, with the licensee acquiring exclusive or non-exclusive rights, as agreed between the parties.Intellectual property rights can often be significant in corporate mergers and acquisitions; it is common for the main imperative behind the acquisition of a company to be the securing of the intellectual property rights owned by the company. It is therefore important for any business which is reliant on intellectual property to take the necessary steps to protect and secure that intellectual property, in order to preserve the value of the business.When looking for an intellectual property solicitor it’s advisable to seek out a law firm that has extensive experience and expertise in dealing with intellectual property matters, including in the licensing and transfer of rights and handling disputes around alleged infringement of rights. A good intellectual property solicitor will take a realistic and commercial approach to your needs and ensure that they understand your business and the way it operates, in order to understand the value of the intellectual property right to you and best methods for protecting it.

The Death of Management

“You cannot treat a patient if he doesn’t know he is sick.”
- Bryce’s LawINTRODUCTIONEpitaph:”Here lies the body of ‘Management,’
Who at one time moved mountains but was put to death by
government regulations, social mores, office politics,
and general apathy. R.I.P.”I have a good friend who was recently elevated to the job title of “Systems Manager”
at a large Fortune 500 company in the U.S. Midwest. As someone who has been in
the Information Systems field for over 30 years now, my interest was piqued and I asked
her how big of a staff she was going to manage and what kind of systems she was
going to be responsible for administrating. She told me she had no staff and her
responsibilities primarily included going to user sites and helping them setup their
laptop computers with office suites and pertinent Internet software.This is certainly not how I have come to understand the concept of a “Systems”
person or, for that matter, a “Manager.” What she described was more of a technical
or clerical role as opposed to one of management. But I guess the times are changing.I always viewed “management” as a people oriented function, not a mechanical
function (which is why “man” is used as part of the word). I define it as, “getting
people to do what you want, when you want it, and how you want it.” But perhaps
I am beginning to date myself as more and more “managers” are appearing with
fewer and fewer people involved. Even though the title is flourishing, I contend
true management is becoming a thing of the past.WHY IS MANAGEMENT DISAPPEARING?First, we have to understand that managers are in the business of conquering
objectives and solving problems in the workplace through people. If we lived in a perfect
world where everyone knew what they were suppose to do and when they were suppose
to do it by, there would not be a need for managers. Inevitably, this rarely occurs as
people are social animals and rarely agree on anything, particularly on how to perform
a given task. Hence, a manager is needed to establish direction and referee. As such,
managers are the field generals for their departments.There are three basic attributes of a manager: Leadership, Environment, and Results.
Let’s consider each separately and how they have evolved:1. LEADERSHIP To properly coordinate human resources, an effective manager should always be at least
one step ahead of his staff. This requires visionaries who inspire confidence in their troops
and can set them marching in the right direction. The problem though is that little, if any,
planning is being performed in corporate America. Instead, we are content to react to
calamities as opposed to looking into the future and trying to anticipate problems. As
a small example, we are now embroiled in a tempest over the Hurricane Katrina disaster
in New Orleans. Engineers have long known that the levees used to keep the sea out
of the city were inadequate for a category four or five hurricane (Katrina was a category
four). In fact, I saw a documentary on this very subject just weeks prior to the disaster. Now, we
have local, state and federal government agencies rushing to correct the problems (and
doing a lot of finger pointing in the process). As costly as it would have been to fix the
levees, it would have been a spit in the bucket when compared to the costs to clean up the
aftermath.In the corporate world, Detroit is reeling from the types of automobiles now being
imported into this country. Asia has stolen Detroit’s thunder who now finds itself
offering cash incentives to stem the tide. It is no secret America has developed an
ever-increasing dependency on foreign oil, and is now saddled with an aging oil
refinery infrastructure and a shaky economy. Why then was Detroit surprised to see their
market share take a nose-dive in favor of quality fuel-efficient automobiles from overseas?The point is, our planning and leadership skills are at an all time low. Why? Because
it is easier to react to a problem than to do a little planning; easier, but costlier. Let’s face
it, planning is hard work and, as the old adage goes, “You can pay me now or you can pay
me later, but you are going to pay me.” Planning is a projection into the unknown and involves
a certain level of risk that most people are not willing to assume (and are afraid to do so).
Consequently, our society is more interested in safety nets than in taking risks. I guess this
is why I admire gamblers who mentally calculate their odds for success and are unafraid of
taking risks.Nonetheless, American competitors (and our enemies) fully understand our weakness as
planners and are not afraid of taking the risks that we balk at. As a result, they will continue
to take advantage of us until such time as we get some serious leadership.2. ENVIRONMENTIn order to set workers to task it is necessary for a manager to establish a
suitable work environment. This includes:
Defining the location of the workplace, hours of operation, and corporate policies to be observed (e.g., payroll, benefits, performance reviews, etc.).

Defining the methodologies, tools and techniques to be used by the workers in their assignments.

Defining the corporate culture – Although this is normally defined by the company overall, the astute manager establishes the ethics, customs and social intercourse to be observed within his area of responsibility (a subculture). By doing so, the manager has defined the code of conduct in the department denoting what will be tolerated and what will not.

As part of the corporate culture, the manager defines his own personal style of
management, for example:
The types and level of discipline, organization, and accountability expected from the workers.

Will the manager try to micromanage everything (top-down) or empower his people, delegate responsibility and manage “bottom-up”?

How employees are evaluated and rewarded; by accomplishments or by political maneuvering.

The manager’s objective is to create a homogeneous working environment whereby
everyone is “rowing on the same oar” towards common objectives. Unfortunately, the
problem here is that our society is now more inclined to accept rugged individualism
as opposed to team effort. For example, employees are commonly rewarded based on
individual initiative as opposed to group effort. Between this spirit of individualism
and government regulations that embolden employees to resist the company, loyalty and
teamwork are at all-time lows and apathy and restlessness permeates corporate
America. Such spirit disrupts the harmony of the work environment, thus compounding
the problems of the manager.3. RESULTSUltimately, the manager is charged with the responsibility of producing a product or
performing a service. As such, the manager must establish and prioritize
assignments, and assure they are accomplished in a timely and cost effective
manner. This requires managers who can articulate assignments and coordinate
resources towards this end. Sounds pretty simple, right? Then why are we failing
in this regard? Three reasons:
Managers are more interested in gamesmanship than actually producing anything of merit. They have developed a “fast track” mentality whereby managers have little interest in their current job and want to advance to the next plateau in their career. “Long-term” planning is no longer measured in years, but rather in months or weeks (a “long-term” project is now considered three to six months in length). Consequently, managers are primarily interested in quick and dirty solutions which will see them through their tenure of office, but will create burdens later on for their successors. Managers now spend more time scheming and maneuvering than worrying about getting the job done. What’s the sure sign of such a manager? He/she knows the latest buzzwords and is always “politically correct.”

Managers are no longer results oriented, Instead, they are more focused on the process or mechanics of getting a job done. Although it is desirable to be well organized and precise in our work effort, it is for naught if you cannot deliver what you are charged to produce. The manager needs to be focused on deliverables, not mechanics (with apologies to the ISO 9000 folks).

Managers no longer hold people accountable for their actions. This is due, in part, to government regulations that are more concerned about the rights of the employees as opposed to the manager’s. As a result, managers spend less time managing and more time supervising people. Understand this: there are substantial differences between management and supervision; the two are most definitely not synonymous. Supervision is much more “hands on” with employees being continually watched and directed in their work assignments. Managers should manage more and supervise less, and employees should do more self-supervision. Unfortunately, this philosophy is not in vogue these days. Workers no longer seek responsibility and prefer to be told what to do thereby they cannot be held accountable if something goes awry. This alone says a lot about our society and is worrisome to me.

Let us never forget, unless you can deliver what you are charged to perform, you
are a failure as a manager. Consider the numerous coaches and managers in
the world of sports who have been fired over the years, not necessarily because
they didn’t run fine programs, but because they lost sight of the end result: winning.CONCLUSIONWhat I have described thus far pertains primarily to large corporations. Management
is still alive and well in small businesses that are not encumbered with bureaucracy
and need to manage simply to survive. I have also been primarily describing corporate
America, but many of these bad habits are creeping into the management style of Asian
and European companies as well.Now and then, I like to make an analogy between management and dieting. There
is nothing magical about losing weight; you simply watch what you eat and get some
exercise. However, millions of dollars are spent on the latest diet craze, usually to
no avail. The same is true with management; you simply need some leadership,
organization and follow-up and you will get the results you want. However, it
seems companies today do everything but manage.Beyond this, our social fabric and government regulations discourages
effective management. Instead of discipline, organization and accountability, we
are more concerned with nurturing free-spirited individualism, gamesmanship, and
chasing panaceas. In many cases, managers are inhibited by the press who
scrutinizes decisions, particularly in the government sector. Fearing to make
a bad decision, managers suffer paralysis and nothing is accomplished.Bottom-line, corporate America is no longer managing; instead, we are playing
games or as I like to call it, “Rearranging the deck chairs on the Titanic.” In other
words, as the ship is going down, we tend to focus our attention on everything other
than saving the ship or passengers. In the past we have talked about Theories X, Y, Z
for describing different styles of management. Perhaps we should describe today’s
management style as “Theory Zero.”What is needed is someone who isn’t afraid of taking the reigns and is allowed
to run the department to produce the necessary results – that is the job of a
manager. Let me give you a small example. Recently, I attended a meeting for a
nonprofit organization who wanted to draft legislation for the association. The
meeting started out pleasantly enough but quickly slipped into an uncontrollable
series of arguments. I could tell by the confused look on the faces of the attendees
that the meeting was out of control and so I grabbed the gavel and brought the
meeting to order. I next divided the group into subcommittees to discuss the
different issues and gave them a deadline to produce a rough draft of the
legislation. Within each subcommittee I appointed a chairman, a secretary,
and someone to research the legislation. I then went outside to smoke my
cigar. When I came back to the room, bedlam had been replaced by quiet
organization. The legislation was drafted according to my instructions and the
members left the building saying it was one of the best meetings they had
attended. Why? Because a manager took the gavel.One last note which I will specifically address to my colleagues in the IT Industry;
In my 30 years in this field I have never encountered a technical problem that
cannot be conquered by good old-fashioned management. I’ll bet this is true
in any industry, not just IT.

Spa and Salon Logos – Everything That Glitters, Attracts!

The business of Salons and Spas is all about beauty, style and fashion. That is why these businesses are considered as an attraction in any community, town or city. Since salons and spas attract a lot of business, there is intense competition in this particular industry. Everyday there are new salons opening and every one of them wants to increase their customer base by attracting more people so they can generate a good amount of revenue from their business. Statistically, the best way to stand out and beat your competition is by having a powerful and unique brand identity that identifies and introduces your business to new people in an effective manner. And the best way to establish your brand as a force to be reckoned with is by having a unique and creative logo specifically designed according to the mechanics and dynamics of your salon or spa. A salon or spa logo has to be neat, classy, elegant and exclusive at the same time because the beauty and spa business is all about personal grooming hair care, skin care, beauty as well as image and that is why an effective salon and spa logo is required to reflect the expertise and professionalism of a salon or spa.A well designed and cleverly crafted logo forms the base of most branding strategies and a logo is among the key factors that are responsible for generating buzz about your business and convincing the customer that your brand, business, service or product is the best suited to his/her needs. The salon business is all about standing out from the crowd and people pay good amount of money to look good and beautiful. That is why a salon and spa logo has to appeal to people on levels, superficial and deep. A great logo will go a long way in giving your salon or beauty business a unique image that will take your salon business towards profitability and success.Thanks to modern discoveries and innovations achieved through research and technology, the trends in the salon and spa business are rapidly shifting towards the use of natural and eco friendly products that are based on or are created by using natural plant, fruit and vegetable extracts. Because of this change in business, product and services in salons and spas, the colors used in salon and spa logos too are now required to be more on the natural palette side and not be too bright and/or flashy. Feminine colors too are an obvious choice for a salon or spa as they are popular with the customers. Earthy colors such as light brown and light blues are common too since they represent earthly and organic products. The fonts used in salon and spa logos generally tend to be classic with characters flowing together. These fonts help in creating a typography style that is attractive, supple and delicate.As for the image typically employed in salon and spa logos, the logo designers usually opt for an outline or silhouette of a female body or face. The outline can be abstract or with minor detailing. Other popular images commonly used in salon and spa logo design are, hair, face, hands and eyes. But before you hand over the important responsibility of designing a logo to any logo design agency, make sure that you check their logo portfolio first as most logo design agencies have a specific section of health and beauty logos included in their portfolio.