Posted On: April 25, 2011

Are There International Copyrights?

Intellectual_Property.jpgIn this final entry of our series dedicated to international protection and enforcement of intellectual property, we will discuss how one secures copyright protection on an international level. Keep in mind, most countries do not require copyright registration in order to enjoy protection. However, most countries do require registration (particularly the United States) if you wish to bring an action for infringement.

"International Copyrights" do not actually exist, but most countries offer protection to foreign works under certain conditions. Those conditions have been simplified as a result of several international copyright treaties and conventions. If the country in which recognition or enforcement is sought is a party to said convention or treaty, then the work may be protected through compliance with the terms of the convention/treaty.

The United States has copyright relationships with only the countries who are a party to these international copyright agreements. It is crucial that either the creator of the work or his/her attorney confirm whether a nation is a member to these treaties prior to publishing the work within that nation.

To read Parts 1 and 2 of this series, wherein we discuss Trademarks and Patents respectively, please click here.

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Posted On: April 24, 2011

How do I Register a U.S. Patent Internationally?

patent_office.jpgPart one of this series on international intellectual property registration focussed on Trademarks. Today, we will address Patent protection on a global level.

The World Intellectual Property Organization ("WIPO"), is an agency created by the United Nations in 1967. Its mission is to guarantee the protection of intellectual property rights worldwide. To facilitate this goal, one of the many programs the WIPO currently manages is known as the Patent Cooperation Treaty ("PCT"). The PCT is a mechanism for filing patents in multiple countries using only one set of documents. By filing one “international” patent application with the U.S. Patent and Trademark Office ("USPTO"), U.S. applicants can concurrently seek protection in over 125 countries.

To read more on international patent protection, visit the United States Patent and Trademark Office's website.

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Posted On: April 23, 2011

Can I Protect My Domestic Trademark Internationally?

Trademark_symbol.pngThis is the first in a series of blogs dedicated to explaining how one may protect their intellectual property rights on an international level. Presently, there are several international intellectual property agreements designed to streamline the process for an applicant to register their intellectual property in multiple jurisdictions.

Today, we will discuss how you can "globalize" the legal rights associated with the official registration of a Trademark issued by the United States Patent and Trademark Office ("USPTO').

In 2004, the World Intellectual Property Organization ("WIPO") implemented The Madrid Protocol (discussed in greater detail later in this series) to streamline the process for registering trademarks in multiple countries. It provides individuals and businesses a cost effective and "standardized" way to protect their marks in multiple countries through the filing of one application with a single office.

By filing one trademark registration application with the USPTO, domestic applicants may concurrently seek protection in over 65 countries.

To read more on The Madrid Protocol, visit the United States Patent and Trademark Office's website.

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Posted On: April 21, 2011

Is Jacksonville's Commercial Real Estate Market on the Upswing?

CommercialBuilding.gifJacksonville’s industrial and retail commercial real estate market saw some positive growth during the first quarter of 2011.

Industrial space had a positive absorption increase of over 100,000 square feet. A positive absorption rate indicates that more space was either leased or bought than was vacated. Jacksonville's Northside had the region's highest industrial vacancy rate of over 15 percent.

First quarter reports also show that the total office vacancy rate was over 20 percent. However, office space saw a positive absorption of over 35,000 square feet. Currently, Arlington has the highest office vacancy rate at almost 32 percent. The total freestanding retail and shopping center absorption was over 70,000 square feet.

To read more on this article, visit Jacksonville commercial real estate leasing gains strength.

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Posted On: April 20, 2011

Michelle Obama Calls Companies to Offer Jobs to Military and Their Spouses

Folded%20Military%20uniform.jpg The first lady recently called on companies to recruit and hire members of the military and military spouses, stating that these individuals have a lot to offer. Michelle Obama, along with Jill Biden and Labor Secretary Hilda Solis, visited a Sears shipping facility in Columbus while promoting a new “Joining Forces” effort to boost support for members of the military and their families. The first lady spoke to about 200 Sears employees who have a military connection and thanked them for their sacrifices. Sears employs more than 30,000 military veterans, more than 1,500 active service members and thousands of military spouses. Companies that make it easier for employees to transfer jobs when their military spouses are transferred were highlighted. Mrs. Obama and Mrs. Biden spoke highly of Sears, Wal-mart, and several other companies.

With each move, military spouses typically must start a new job search. With multiple jobs on the resume, it puts up a red flag for employers who do not understand the military life. Most do not understand all the qualities the military members and their families have to offer. Military members are skilled in advanced technology, have the ability to adapt to circumstance, have the ability to multitask, and have managed colleagues, while working with people of different backgrounds. “Joining Forces” is intended to help military families overcome challenges such as moving frequently or having a family member who is stationed overseas due to wartime perils.

To read more on this article, visit First lady: Military members, spouses need jobs.

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Posted On: April 19, 2011

YouTube has Created a “Copyright School Program” Video

YouTube.jpgYouTube has created a video explaining its thoughts on copyright infringement and piracy due to an increase in occurrences of infringement by its users. The cautionary video also includes the possible consequences arising from such violative acts. The video goes on to explain the various forms of copyright infringement, including common misconceptions regarding what most individuals do not view as illegal. The video also explains fair use of copyright content and how to use the content legally. YouTube has a three strikes rule. If an individual has three uncontested copyright infringement claims, the individual’s YouTube account will be banned for life. You can view the YouTube Video if you wish to see the YouTube Copyright School.

To read more on this article, visit YouTube Unveils Copyright School Program.

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Posted On: April 14, 2011

Everbank Agrees to Stop "Unsafe" Practices

banks-1.jpgEverBank Financial Corp. has signed a consent order with federal regulators to rectify certain foreclosure practices that have been deemed “unsafe or unsound."

The consent order, issued on April 13, cites the Jacksonville bank for weaknesses in its loan servicing, loss mitigation and foreclosure activities.

The order requires the bank to cease and desist certain activities and take affirmative remedial action for the following:

1. Within 5 days, the board shall designate a committee to monitor and coordinate the holding company’s adherence to this order.

2. Within 30 days, submit a written plan to strengthen EverBank’s board of directors' oversight of risk management, internal auditing and compliance programs concerning the company's residential mortgage program.

3. Within 90 days, the holding company shall submit a written plan to strengthen the bank’s risk management, compliance and current internal audit programs addressing residential mortgage loan servicing, loss mitigation and foreclosure activities.

4. Within 120 days, the oversight committee shall produce a compliance progress report to the board of directors and submit a progress report within 30 days of each subsequent quarter.
To read more on this article, visit Federal regulators order EverBank to stop "unsafe or unsound" practices.

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Posted On: April 13, 2011

Jacksonville Gas Prices Jump Almost 10c in a Week

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Jacksonville gas prices rose 9 cents over the past week, and analysts expect prices to continue rising. The average cost of a gallon of regular-unleaded in Jacksonville is $3.71, up from $3.62 a week ago.
The reasons for this spike and the expectations of continued increases are a weakened U.S. dollar combined with the ongoing turmoil in the Middle East and Africa. In addition, these same analysts expect gas prices to continue escalating over the summer months.

To read more on this article, visit Jacksonville Gas Price Jumps 9c.

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Posted On: April 12, 2011

Navy Federal Braces for Probable Government Shutdown

banks-1.jpgIn the event of a government shut-down, Navy Federal Credit Union (NFCU) says it will cover April 15 payroll for all active-duty military who have direct deposit accounts with the bank. Through this action, NFCU is ensuring active-duty members will not see an unexpected decrease in their mid-month deposits. Other steps NFCU is taking include expedited approvals for loans and credit extensions, as well as overdraft protection and credit card limit increases/decreases.

As of Friday afternoon, Congress had yet to reach an agreement on a budget measure in order to avoid a federal government shutdown.

Navy Federal Credit Union has eight branches in Northeast Florida with 155,000 area members and $924.8 million in area deposits.

To read more on this article, visit Navy Federal Credit Union Prepares for Possible Government Shutdown.

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Posted On: April 11, 2011

Job Creation Not Stimulating Consumer Spending?

Jobs.jpg Although the unemployment rate has dropped to 9 percent from a peak of 10.1 in October 2009, most jobs being created do not match the wages, hours, or benefits of the positions that were initially lost in the recession. It appears that the jobs that would trigger individuals to spend and boost the economy are not being created. People are having to accept jobs where the pay and hours are less than their previous employment. For example, Lowe’s eliminated 1,700 managerial, sales and administration positions and created 8,000 to 10,000 weekend sales and assistant store manager positions. This is the trend for most businesses. Even the health-care industry is replacing doctors, nurses, dentists and other health-care professionals with physician assistants, medical assistants, dental hygienists, and physical therapist aides. While individuals have started to accept that they may need to adapt and settle for any full-time position they can get, others are enrolling into programs to learn new marketable skills.

To read more on this article, visit A U.S. Recovery Built on Low-Paying Jobs.

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Posted On: April 10, 2011

NE Florida Construction Rebounds in 2010, Can 2011 Maintain the Momentum?

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The value of the 20 largest NE Florida construction projects grew by almost $300 million in 2010. This is a significant increase in project spending compared to 2009.
However, by the end of Q1, 2011, only three (3) comparable building permits have been issued. Compared to the twelve (12) permits issued by end of Q1, 2010, NE Florida is off to a slow start.

The silver lining to this news is that the three (3) largest projects on the top 20 list are still under construction, and will continue to provide jobs in the area. The top three (3) projects are the Duval County Courthouse at $150 million, the Baptist/Wolfson Tower at $100 million, and Saft America Inc. at $65 million.

The top 20 construction list is comprised of office, hospitality, retail, schools, recreational, industrial and multifamily units.

To read more on this article, visit Construction rebounds in 2010, but 2011 starts off slowly.

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Posted On: April 9, 2011

Smartphones vs. Tablets, Which Product Will Reign Supreme?

Smartphones.jpg The future of Smartphones may be at risk due to the rise in sales of tablets, not laptops, as some analysts predict.

Analysts also state that laptop and netbook sales will be hampered for a short period, while consumers discover the capabilities of a tablet. Since most individuals use their smartphones for media and data instead of calling features, many consumers are expected to choose tablets due to the smartphone's storage capacity and prices. With smartphone prices ranging from $200 to $600, industry analysts suggest upgrading to a tablet that has a screen three times the size?

According to a 2008 Nielsen survey, consumers are texting more frequently than making voice calls, and their data usage has increased exponentially. There are many who view the smartphone as a smaller tablet, putting it in the same market, which could start to diminish smartphone sales.

To read more on this article, visit Size Matters: Tablets vs. Smartphones.

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Posted On: April 8, 2011

SEC Set to Bring Charges Against Wachovia

Congress.jpgThe Securities and Exchange Commission has announced its intent to bring charges against Wachovia Corp. for assessing usurious fees against its investors for collateralized debt obligations (some of which containing mortgages).

Wachovia, now owned by Wells Fargo, is the third-largest bank in Northeast Florida, and is set to complete its transition from Wachovia to Wells Fargo by June of this year.

To read more on Wachovia, visit Wachovia Set to Complete Transition to Wells Fargo.

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Posted On: April 7, 2011

More Uninsured due to Unemployment

Health%20Insurance%20Policy.jpg Due to the amount of layoffs during the Great Recession, 9 million more Americans joined the ranks of the uninsured. A 60% increase in skipped health care is due to the increase in cost in the past decade. There has also been an increase in problems with medical debt and out-of-pocket spending costs, leading many more to consider bankruptcy.

According to the Biennial Health Insurance Survey, individuals who lost employer-based health insurance had a hard time finding it elsewhere. Only 25% of these individuals were able to find health insurance elsewhere, with only 14% continuing their coverage through Consolidated Omnibus Budget Reconciliation Act (COBRA), which allows an employee to continue their coverage under the employee-based health plan for a certain period of time. However, even this plan is still unaffordable for most.

The Patient Protection and Affordable Care Act has begun to bring relief to struggling families. After the full implementation of the law, any future recession will not have the power to strip so many Americans of their health security. Currently, the Act protects individuals from being denied healthcare due to a pre-existing condition, allows individuals up to age 26 to state on their parents’ plans, gives small businesses tax credits, has no lifetime limits on benefits, and mandates coverage of some preventive care with co-payments. When the provisions of the Act are in full effect in 2014, health insurance plans will be required to meet a basic benefit standard and will not be allowed to deny coverage or charge more due to a pre-existing health condition.

To learn more about this article, visit Unemployment adds 9 million uninsured in U.S.

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Posted On: April 6, 2011

The Tax Gap and Small Business

Selected%20for%20Audit.jpg Current measures being taken to close the tax gap (the difference between taxes paid and tax owed) has begun to disproportionately affect small businesses. Part of this may be attributed to an increase in audits and information reporting requirements for small businesses, such as the new 1099 reporting requirement.

The National Research Program (NRP) generated tax gap estimates suggesting that the underreporting of income by small businesses represents $83-$99 billion of the $150-$187 billion individual income tax gap for 2001. After collection activities the total tax gap went from $345 billion to $190 billion. However, IRS auditors conducting NRP examinations have found that most underreporting of income that occurs is unintentional. The IRS focused its tax-gap study on individual tax income returns, and on returns not subject to withholding or third party reporting, causing an unfair skew towards small businesses.

To learn more about this article, visit Small Business and the Tax Gap .

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Posted On: April 5, 2011

Pizza Chain, Sbarro, Files for Chapter 11 Bankruptcy

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If you have ever been in an airport or mall, then you've most likely seen a Sbarro pizza kiosk. The Wall Street Journal has reported that the pizza chain is filing for Chapter 11 bankruptcy protection.
The New York based pizzeria cites a decline in mall traffic, less consumer spending, and rising costs of ingredients for its current financial woes.
According to Sbarro's Chapter 11 Petition, it has an asset-to-debt ratio of $471B to $486.6B, respectively.
Sbarro currently operates more than 1,000 restaurants in over 40 countries.

You Can Read More by Visiting Sbarro files for Chapter 11.

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Posted On: April 2, 2011

Groupon Defends its Marketing Strategy

Marketing%20Strategy.jpg Groupon recently announced it will continue its marketing campaign based on provocative ideas in order to reach new users and markets. This announcement comes as a surprise to some marketing analysts, as the company recently pulled a commercial that originally aired during the Super Bowl. The ad drew criticism for making light of the current repressive climate in Tibet, forcing Groupon to issue an apology.

Groupon is eager to attract new users, as it is considering an IPO (initial public offering) later this year. The company derives its revenue by alerting its more than 50 million subscribers to daily discounts of up to 90% at local businesses and retaining a portion of the proceeds.

To read more on this article, visit Groupon Chief Defends Marketing Approach.

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Posted On: April 1, 2011

U.S. to Offer Patent Licenses for $1,000 to Help Small Businesses

Patent.jpg Energy Secretary Steven Chu has stated that his department will be making it easier and cheaper for entrepreneurs to license technologies developed at the agency’s 17 national laboratories. The incentive program is an effort to promote innovation and job growth, and patents will be available for a $1,000 fee from May to mid-December. Companies can apply for the patent using a simplified, standard agreement available online. The department is hoping to help businesses turn ideas into innovative products by removing the burdensome paperwork and offering patent licenses at a lower cost. Small businesses create two out of three jobs in the Unites States, and federal agencies are focusing more programs that will cater to small businesses and entrepreneurs.

To read more on this article, visit US will offer $1,000 patents to spur job growth.

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