What Is Cyber Law According To An Intellectual Property Attorney?
Cyber law is the developing group of laws that has been gradually developed out of necessity in order to govern the use of the internet by consumers, businesses, and individuals. Cyber law regulates the creation and setup of websites, the behavior of internet service providers, the online use of trademarks, online disputes over domain names, and whether certain webpages are linked to one another.
Intellectual property attorney in San Jose, CA on Software and Technology Licensing
Technology and software licensing contracts allow the owner of certain intellectual property to sell that property to a licensee, who will compensate the owner for the use of their intellectual property with a royalty agreement that is negotiated within the contract. Some contracts may require both a lump sum royalty payment and ongoing compensation. Companies in the US may choose to license their technology to businesses overseas for use in international commerce. You should make it a priority to seek legal advice from an intellectual property attorney in San Jose, CA to review your company’s potential liability when entering into a licensing agreement.
A software or technology licensing agreement could open the door for your company to emerge in a foreign market with fewer risky ventures, like buying an overseas manufacturing facility. Licensing is also convenient as a way to bypass specific barriers to exporting your company’s products. Software and technology licensing can be the safest option available for small business that aims to gain some international commerce experience. It is also useful for granting US companies the rights to overseas technologies. Grant-back clauses are agreements that can be used to award the rights to upgraded technologies to the licensee who developed the updated versions. Any disputes or disagreements that come up regarding a licensing issue in San Jose, CA should be promptly presented to an intellectual property litigation attorney.
Privacy Laws and Consumer Data in San Jose, CA
Privacy laws have been declared by the U.S. Department for Health, Education, and Welfare. They include six very specific principles for the protection of the personal data that companies collect about their customers, consumers, and citizens:
- There must be a clear stated purpose for data that is collected.
- The information a company collects from a person is not allowed to be shared with any other company individual, unless the release has been legally authorized or the individual has granted their explicit permission.
- All personal data that is maintained must remain accurate. This includes allowing the individuals to access and review it to confirm its accuracy.
- As soon as the data kept on a particular individual is no longer needed for the stated purpose, it can no longer be saved.
- The transmission of a person’s personal data to a location that is potentially unprotected is absolutely not acceptable.
- There are types of data that are too sensitive to be collected under any circumstances.
Privacy law issues can be a huge issue for people whose data is at risk of being compromised. They are also quite significant to the companies that are at risk of being assigned severe penalties for any non-compliance. The invaluable advice of an intellectual property attorney is well worth the price for any company that collects personal data in San Jose, CA.
Trademark Prosecution in San Jose, CA
It is absolutely imperative to determine which type of trademark application you require when applying for registration; an intent-to-use application or a use-based application. If you are filing a use-based application, your trademark must already be actively used in commerce, as legally defined by the Trademark Act. Filing the incorrect application for your trademark registration could end up being a mistake of epic proportions. An already registered trademark can be completely canceled by litigation, if the incorrect type of application was initially submitted. You should be expertly guided by a San Jose, CA intellectual property attorney if you are considering submitting a trademark or service mark registration application in the near future.
Copyright Registration and Intellectual Property Licensing Concerns in San Jose
The original author of a physical work of art automatically owns the rights to that particular work. Those rights include:
- Reproduction of the work
- Distribution of the work
- Any and all derivative works
- Publicly displaying the work
- Public performance of the work
- Digital audio recordings
An author may sue a party for copyright infringement, if they have violated any of the rights above, and ask a judge to enforce their copyright. If you are a music artist and a TV commercial uses part of your song on live television without your permission, you can sue for copyright infringement. If another musician has added an additional drum beat into one of your songs and is claiming the song as his own, you can sue for copyright infringement. This song is a derivative work, which you, as the original creator, have the right to.
Any consumer who purchases a copy of your art is permitted to dispose of that copy by way of selling it to another person. They can display it and avoid violating your copyright. What is not protected is an individual who makes and distributes copies of your work without permission, unless those copies are to be used for a purpose under fair use. A college student writing an essay on a book, for example, is permitted to quote from the book in question, in order to properly analyze it. The college’s magazine is allowed to print and distribute copies of the essay containing the quote under the fair use doctrine. A consumer, on the other hand, who makes entire copies of an autobiography after purchasing the book and then offers those copies for sale, has infringed upon the author’s copyright. Copyright matters always require advice from an intellectual property attorney in San Jose, CA for a positive result.
Intellectual Property Litigation Services in San Jose, CA
When an unexpected dispute appears over intellectual property, it can escalate quickly. Contact a reputable intellectual property attorney in San Jose, CA.