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What is Intellectual Property

What is Intellectual Property

Intellectual Property or IP is a legal concept that includes trademarks, copyrights, patents, and other related rights. The holder of intellectual property has exclusive rights to their creative work, commercial symbol, or invention. Some governments recognized forms of intellectual property for a few centuries and other governments have recognized intellectual property only recently.

Some parts of intellectual property include trademarks, copyrights, and patents. Trademarks are a word, name, symbol, or device that is used in trade of goods to indicate the source of the goods and to distinguish them from other similar goods. Trademark rights can be used to prevent others from using the same or similar words, names, symbols, or devices. Copyrights are a word, phrase, symbol, or logo used to identify a product and the source of the product or the manufacturer or merchant. Patents is a legal grant issued by the government permitting an inventor to exclude others from using, making, or selling a claimed invention. Patents run 20 years from the filing date.

Other intellectual property topics include trade secret misappropriations, patenting computer software, patent law, copyright law, and copyright fair use laws. A trade secret is known as any information relating to business, finances, science, technology, engineering, or economy that can be stored electronically, graphically, photographically or in writing. Trade secrets in general entail information that is not widely known and can present an advantage of some sort to the owner or the general public. Some possible trade secrets include patterns, programs, codes, devices, procedures, compilations, prototypes, methods, and techniques. Copyright laws grant protection to the original works of authorship. Trade secret laws protect important information that is not commonly known to the public.

Personal Injury Law

Personal Injury law

Accidents can readily occur at any moment and without any warning. It does not make a difference if you are at work, on the road, or even in the comfort of your own home, anybody can end up injured. Personal injuries even occur when a responsible person is taking all the proper precautions. In most of these cases, the physical injuries sustained are minor. However, in some cases, the resulting injuries are more serious, and can even leave an individual with permanent debilitating conditions or even claim their life. The financial burden imposed on the victims of a personal injury case, which often includes medical expenses and loss of wages, can be overwhelming for some. For this reason, personal injury laws entitle victims of an accident to compensation for their financial losses and pain and suffering if there is proof of negligence on the behalf of the second party involved.

The most common personal injury cases include:

Traffic Accidents: Traffic accidents are vehicle-related incidents that result in either personal injury and/or property damage.

Work Accidents: Work accidents occur during working hours in which an employee suffers damages to their health or loss of life.

Slip and Fall: Slip and fall accidents are the result of negligence by a property owner in which he or she permitted dangerous conditions to exist that caused an individual to slip, trip, or fall.

Assault Claims: Assault claims are any intentionally or voluntarily violent act against another individual.

Product Liability: Product liability occurs when manufacturers, merchants, or distributors of a specific product are liable for any damages stemming from the use of their product.

Structured settlements are often used in many personal injury cases to ensure financial stability over a long period, or in some cases, for the rest of the victim’s life. Structured settlement payments are directly made to the plaintiff over fixed periods

Employment Law

Employment Law

Employment law includes the laws covering the relationships between employers and employees. Employment laws include federal and state laws, statutes, and regulations. State and local governments established many of these employment laws to protect employees. The most common form of employment laws addresses discrimination and workers compensation policies. Employment discrimination laws prohibit all forms of discrimination including discrimination based on gender, religion, ethnicity, disability, age, sexuality, and/or nationality. Discriminatory comments, harassment, and racial bias are a few variations of discrimination that occur in the workplace. Unfortunately, discrimination within the workplace occurs daily. For this reason, the government created the U.S. Equal Employment Opportunity Commission (EEOC). If a complaint reaches the EEOC concerning a business or employer, the agency’s responsibility is to investigate the situation. The EEOC, following the preliminary investigation, may pursue violations pursuant to employment law.

The EEOC frequently settles employment disputes through mediation. This process begins with a neutral third party present to assist in negotiations. Thus, mediation is as a form of alternative dispute resolution. Mediation has many positive factors contributing to the resolution of employment disputes. A few of these benefits include the ability to save time and money. Mediation decisions and agreements remain closed as well. Plaintiffs and defendants also like avoiding the cost of litigation by using mediation methods.

Divorce law

Divorce law

A divorce, also referred to as, the dissolution of a marriage is a court ordered conclusion of a previously legitimate marriage. If they wish to do so, each party will legally be able to remarry in the future once the dissolution of a marriage is final. The division of assets and property are also determined within the court ruling and can waiver in either party’s favor, but commonly consist of an equal split of the assets accumulated during marriage between the two parties involved. The division of assets and property can include items such as cars, homes, and businesses. Keep in mind that a divorce can encompass the division of debt as well. One such example is that of credit card debt. When both parties’ names are on a joint credit card, the debt may be divided between the two parties. Contrary to popular belief, most divorces do not have to go before a judge to separate assets or to negotiate the terms of the divorce. Usually, this process takes place in a meeting with the attorneys from both parties. Another option is that of mediation, which can also help avoid the possibility of court and/or dispute.

A no-fault divorce consists of a divorce where neither the wife nor the husband blames the other for their inability to hold the marriage together. All states offer no-fault divorce, yet, only a few states deem this type of divorce as an adequate procedure for the dissolution of marriage. Examples of no-fault divorce include those of irreconcilable differences, incompatibility, irretrievable breakdown, and/or prolonged separation. Not every state offers fault-based divorces. Some examples of fault-based grounds for divorce are those of physical cruelty, adultery, drug use, and desertion.

Other factors that may be included within a divorce or dissolution of marriage are those of child custody arrangements and child support/child maintenance. The criteria for these factors vary and the process can prove to be a complex, as well as emotional. Child custody determines the parent who is legally responsible and able to make decisions for the child. Child support, on the other hand, consists of periodic payments made by the non-custodial parent to the custodial parent. These payments are to help pay for expenses of caring for a child or children. The majority of divorce cases involving children can be emotionally straining for the parents as well as the children. For this reasons the court gives custody to the party they believe will be the most fit as a custodial parent.

Medical Law

Medical Law

Medical law is a wide legal category that includes any injury that occurs to a patient because of the negligence or carelessness of a doctor, nurse, psychologist or any other medical professional. Any medical professional who provides inadequate health care and/or fails to perform his or her duties according to appropriate medical practices or standards of care in the medical community, commits medical malpractice. Medical malpractice injuries can take many forms, including the misdiagnosis of disease or condition, failure to notify the patient of inherent risk with a certain procedure or drug, prescribing the wrong drug or dosage, or negligently performing a procedure.

Nurses, surgeons, physicians, pharmacists, health care technicians, hospitals, managed care organizations such as Health Maintenance Organization (HMO) and Preferred Provider Organization (PPO) all may be held liable for any personal injuries involving medical malpractice.

When negligence results in injury, a medical malpractice cases may be brought against the hospital, clinic or any entity or person with whom there is a medical care provider/patient relationship. Legal actions can be taken for compensation when medical malpractice occurs. Patients take legal action in cases where the doctor’s actions deviate from general accepted standards of practice. Other legal actions are taken because of improper hospital care or inadequate training, such as problems with medications or sanitation. Also, patient may take legal action against the state, local or federal agencies that operate hospital facilities.

Medical malpractice is determined by laws and these laws are designed to protect the patients’ right to seek compensation if they are injured as result of negligence. However, some medical malpractice lawsuits are often complex and costly to win. Medical malpractice actions are tremendously difficult to pursue. The insurance companies have to pay out claims on behalf of the physicians and other medical professionals or the medical care facilities they represent and they aggressively defend the clients and institutions they cover from legal claims.

Traffic Violation

Traffic Violation

Almost everyone in their lifetime will, at one point, receive a traffic violation citation. Even if the traffic violation is a mild offense, it can still result in costly fees, insurance hikes, and wasted time on your part. Overall, a traffic ticket usually results in a nuisance and major hassle. Not only does a traffic violation come with a required fee, it can also result in points on your license. Points can cause insurance rates to sky rocket – and an accumulation of points can result in suspension or revocation of your license. Having a traffic violation professional, such as a lawyer, fight your ticket in court is the best way to avoid these issues.

In general, a traffic violation will fall under one of two categories – major or minor. Examples of minor traffic violations include running a red light, running through a stop sign, or speeding. Examples of major traffic violations include reckless driving and driving under the influence of drugs and/or alcohol. Even the most minor of traffic offenses carries with it some type of consequence. In most situations, a traffic ticket is issued, but in more serious situations such as drunk driving, the offender is arrested.

Most of time when a ticket is issued for a traffic violation, people choose not to fight the ticket in court or even to have an attorney represent them because they feel it is all too much of a hassle and they would rather just pay the fine and get it over with.

However, keep in mind that simply paying the ticket is like admitting you are guilty to the offense. Even if you knew you were driving a little over the speed limit or ran that stop sign, it is still not something you want to admit guilt to. This is when the points come are assessed, which will affect your license and driving record, insurance rates, and even your job if it involves operating any type of motor vehicle.