Armor for the Intangible: Intellectual Property Rights

The things within the mind are probably one of the most vital assets a person could ever have. However, as vital and crucial as it may seem, it is also the most difficult to protect. Dissimilar to tangible assets, it has to be rigorously verified to be proven yours while it is fairly easy for others to claim its ownership. Intellectual property rights provide that utmost protection to intangible assets to avoid imitation, stealing, duplication and improper use of original ideas. Having an intellectual property right would grant one a monopoly and claim to exclusively use the asset at a specified period of time. It has to be legally acquired and instigated through a lawsuit.

These rights generally cover patents, trade secrets, copyrights and trademarks. A copyright is granted to protect a product, like a song lyric, movie or a literary work, that gives the holder the right to be credited for the work. Patents, generally lasting for 20 years, are rights given to protect a person or an organization’s invention which entitles the holder sole ownership to it. Trade mark rights involve the safeguard of company designs, symbols, names and logos, usually denoted by ® or TM, so that only those who are given consent by the owner can legally use it. Other types of intellectual property rights are domain names, rights on plant variety for botanical purposes, confidentiality and other general product protection.

One of the recent subject matters in the UK on intellectual property issues is the ones concerning orphan works, which are any work or product right in which the copyholder is unidentified. It was mentioned, however, that the aim to the regulation of it was to publish old creations. The enabling legislation was signed on April and was already published despite the buzz it caused on internet users, especially digital photographers.

Indeed, an intellectual property right is very important to businesses especially to those firms in the technology industry. Hence, legal help is of critical help for owners to fully comprehend the laws and right their organization has. One of the services a business can hire is that of costs draftsmen who specialize in law costs. Hiring the services of specialists would not only provide assistance in handling law costs but also help in understanding the dispute and rights an organization or person can exercise. Costs draftsmen can assess the costs that will be incurred in the legal disputes, provide advice and avoid exacerbating the issue further.

Change in Law Costs in Points of Dispute Implemented

A point of dispute is a written notice made by a disagreeing party regarding law costs charged to him. After a case is concluded in court and billing is handed down to the respective parties, all items that are in question should have a written reason. Legal negotiators will be appointed the task of investigating and verifying the cost stated in the bill. Once the information is ready, it is given to the clients. This usually brings the party into a settlement agreement. However, if after the first evaluation is made and still the parties cannot agree on the costs, both can apply for an assessment hearing to settle their case. The court decision is made and both parties should abide by it.

Recently, the rules on points of dispute have been revised to make sure that all law costs charged to clients are indeed relevant to the court proceedings. This is to avoid further billing disputes by making sure that all the expenses are stated clearly and concisely.

The quotations of other points of dispute and the referral to other known legal judgments are also discouraged. The new rule also specified that costs that are 75,000 or less will be taken by the court for assessment and limit the cost to 1500. Any objections as to the assessment can be brought to an oral hearing, if the dissenting party wins and have at least 20% adjustment in the original billing, they will be exempted to pay the cost of the oral hearing.

The changes implemented can cause a negative effect for solicitors since the new rule has put a limit as to the cost they can charge to their clients. But this is surely for the benefit of the customers. Ensuring the transparency of every court related expense can put anyone at ease in paying their legal fees.

A Brief Background on Family Law and What It Means

The law does not only protect its constituents from assaults inflicted to them by another individuals, it also protect the families of the state from possible emotional, mental and physical torment that it may experience in the later part of its coming years.

The Family Law includes the following, but not limited to, cases:

1. Civil Partnership – Like any other couple, homosexuals are allowed to file for civil partnership, giving them the same rights as married couples enjoy including employment benefits, protection from possible domestic violence, parental responsibility, and such.

2. Pre And Post-Nuptial Agreements – These are legal agreements that states how a married couple or civil partners shall subdivide their assets and liabilities during the span of their marriage or partnership, and after their union has been legally dissolved. This could also include issues on insurance beneficiaries, inheritance of tenancy, debts and assets, etc.

3. Cohabitation – Partners who lives together shares cohabitation rights. But although thought to be protected by law, there are some limitations for partners who have lived together for years as compared to married couples or civil partners.

4. Divorce – The dissolution of marriage as approved by law. Divorce petitions may be filed for grounds as incompatibility, domestic violence and infidelity. Settlement and financial obligations that comes after may be talked over and agreed upon during case hearings or meetings

5. Domestic Violence – When one member of the family commits acts of violence towards another member, the victim may file for civil injunction or protection order.

Filing for assaults on rights as stated in the UK family laws and criminal cases will require you to pay certain law costs as much as a draftsman may advice you based on what the state laws may require and the private or public legal aid you may have hired. Law costs may include lawyer’s fee, hourly consultation fee, taxes, and other fees applicable to your case.

A Costs Lawyer’s Role in Civil Legal Aid

Every nation faces problems in unequal justice systems. Almost 50% of convicted or victimized poor masses face civil cases not knowing what they’re up against because of lack of information and advice, and some just give up because they can’t afford representation. And because not all of them get the chance to be enlightened in their current situation, they just drop the case defenseless or settle for something so much lesser than they should get.

Upon seeing this problem, in the United States for example, the Legal Service Corporation together with other bar associates helps fund legal aid and legal advice for low-income masses. A similar legal service is being offered to citizens who are less capable of paying for a private lawyer.

Costs lawyers first and foremost help people who have the right of audience or legal representation and take care of costs as allowed and stated in statutes and the law. It is their duty to make sure that claimants and defendants only have to pay reasonable and minimal costs as stated courts. A costs lawyer also evaluates the eligibility of the client, and the extent of what he can claim for the case. They have the same powers as that of a solicitor or a barrister.

Legal aid has been facing problems though, of having lower budget support from the government from what it is currently getting. In April 1, the Legal Aid Agency headed the LAPSO reforms with regards to eligibility of legal air claimants and the covered criminal and civil cases. Now, only the “poorest of poor” can ask for civil legal aid. Also, cases for legal aid services have been limited to special educational needs, clinical negligence where an infant suffered from injuries resulting to pregnancy difficulties, public family law cases, exploitation, and such.
There are still hopes of having a wider cover for special legal aid to help out more of the poor people’s cases.

The Influence of New Cost Management on Legal Costings

With Lord Justice Jackson’s appointment as the new Court Justice, a proposition on new cost management was set to be implemented on April 2013.

New Cost Management is a scheme that will administer costs draftsman and judges to get themselves involve with the management on legal costings. This law gives emphasis to the equal distribution of legal costings and budget submitted by costs draftsman and solicitors. This will determine if the legal budget has been equally allocated and if the legal costings are fair with the clients. And anyone who will not follow on the rules set by the New Cost Management scheme will receive disciplinary action.

The New Cost Management was state publicly last May 29, 2012 during the Law Society Seminar. One of the main concerns of Lord Justice Jackson is to have consistency with regards to the costs draftsman’s approach to clients specifically when it comes to legal costings. This New Cost Management is part of Jackson’s Civil Justice Reforms.

However, like any other law, not everyone agreed with its content. There are some people who objected with the implementation of the New Cost Management. According to Mrs. Justice Gloster who took over Boris Berezovsky’s break down claim, the new law that should be implemented should be realistic enough to be followed by everyone. She tried to go up against the New Cost Management scheme. She would like the commercial court to be exempted from the new scheme.

Leading QC Jeremy Morgan stated that not all solicitors are following the rules set on cost budgeting. Only those companies who are dealing with funders and those who embark on provisional cost agreement case are practising the rules under this law. He also mentioned that it is very difficult to find a solicitor from small and average earning corporations who are undertaking cost budgeting.

But despite all these objections, Lord Justice Jackson is very articulate in making this New Cost Management scheme publicly recognized. And on April 2013, this new rule will take effect. On the other hand, this rule was initially implemented in the Technology & Construction & Mercantile Courts.