Month: October 2020

The IP Piracy Menace of India

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Today we have easy access to software products in the market with just a single degree of separation between the producer and the consumer. On one hand, it has opened up new vistas for software developers, content producers and publishers; but on the other it has created a host of new problems, foremost among them being counterfeiting and piracy. Software being one of the most valuable assets of an organization, its illegal reproduction and distribution has significant implications on the industry. An IDC study reveals that 35% of all PCs software installed in 2006 worldwide was illegal, pegging global losses to a whopping $40 billion. This is compounded by the fact that there is lack of awareness about the intricacies of software piracy and most mistake it to being restricted to software getting corrupt.

Additionally, a circulating myth about pirated software usage is that only the original purchaser is in infringement, and subsequent users are not bound to any contract. It is yet to be realised that acceptance of the licensing agreement before installation is sufficient to create a contract between the copyright holder and the end user. Some softwares would stipulate a binding license contract if the box containing the CD is manually open. The biggest risk due to the usage of pirated software is the overall security threat to an organizations’ IT infrastructure. In addition to regular system break-downs, pirated software installations are notorious for receiving limited updates and security patches, making the system extremely vulnerable to external security attacks like malicious code, phishing and spam. This does not include the cost of potential loss of proprietary information due to such unauthorized software installations.

The cost to organizations from a single pirated software installation runs into thousands of dollars and the data loss due to such malicious installations can run into thousands of dollars. It is learnt that in India alone, around $566 million was lost in 2005 due to piracy. Eventually, as it may turn out to be, the payback of using pirated software would far exceed the price of purchasing licensed software. Awareness & Enforcement are Key to Combating Piracy Awareness is an important tool to counter the epidemic of piracy; the other being law enforcement and industry efforts.

Increasing awareness about the economic implications of piracy among end-users is essential, considering the huge influx of new users in emerging markets. We have stringent laws for Intellectual Property protection, but the challenge is the effective enforcement of the prescribed laws. In a software piracy case, the crime has to be identified, reported and action against it has to be taken immediately. In order to spread awareness the government has set up collective administrative societies which organizes seminars and workshops. Handbooks of Copyright law are also circulated free-of-cost amongst public, police, enforcement agencies and officials. Additionally, modules of copyright infringement have been introduced in the training program at national academies and colleges. Special cells for copyright enforcement have been created in almost all states; many of them being implemented on Public Private Partnership (PPP) model with industry leaders.

Further, according to law, any police officer having the requisite rank may conduct search and seizure operations as well as effect arrests without the lodging of any formal complaint. The Government is also making relentless efforts to encourage the use of legitimate software within its own departments; and put its weight behind the industry and enforcement policies.

Software companies eyeing overseas markets will require proving their ability to maintain adequate security levels. Security is not just a mere statutory requirement but an important factor to compete globally. Software giants on their part are engaging students, academicians and Government bodies to educate them about piracy and help safeguard their data against any threats. For individuals, who get affected by piracy the most, software companies offer programs like Digital Rights Management technology, which allows copyright holders to manage and restrict usage of digital media and devices. In Conclusion It is difficult to tap the problem at its root of origin due to lack of a fool-proof way of tracking pirated software makers. Hence, continuous efforts are to be made to do away with the channel of distribution of such software by deterring people from selling it. The media is the most dynamic tool that is being aggressively used to spread awareness through advertisements, hoardings, news articles, television programs and celebrity appeals. As India increasingly caters to global clients, it becomes imperative that we continue to adopt world class information security standards and project a better image of the country in the global marketplace.

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Wrongful Death Attorneys in Florida

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Any injury to a person resulting in death that is inflicted by someone intentionally or due to negligence is a wrongful death. To help the family members left by the decedent, the United States Government has formed a statute according to which the person responsible for someone’s death can be brought in a civil court and made to pay the damages the victim’s family has incurred. To book the culprit, determining the cause of death is important. Thorough investigation is needed to find out if the death is because of a wrong conduct or negligence by someone. If you are living in Florida and have lost a family member, you can file a wrongful death lawsuit against the responsible person for compensation or recovering damages. In this case, wrongful death attorneys in Florida will help you to get justice in less time and expenses.

The statutes relating to wrongful death are different in all the states of America. If you are filing a lawsuit in Florida, you will need legal advice and service of wrongful death attorneys. These attorneys will help you in finding out the wrongful death causes. Mostly, it is the family members who are badly affected by the death of the deceased that fight the wrongful death cases. The wrongful death cases in Florida happen due to a deliberate intention or negligence in medical treatment, accidental death due to a technical problem, attacking someone with an intention to kill, exposing someone to danger without applying safety measures to get a work done, and while supervising work operations on site. When you approach to a wrongful death attorney in Florida, he/she will study the magnitude of the damages in monetary terms. If the deceased was the only earning member in the family, then they will calculate how much the deceased would have earned during the employment period had he/she been alive. They will also look at the problems the left-behind family members are subjected to, especially education of children.

Furthermore, determining the expenses incurred for the medical treatment and for the funeral is also necessary for filing the suit. The court also makes the responsible person to pay interest to the beneficiary party for the expenses from the death of the deceased ( click here to known in details about wrongful death). If the death is caused by some cruel act, the court will provide justice for the victim’s family by punishing the person with a few years of rigorous imprisonment. The law has the provision to deal with punitive damages to console the decedent’s family, and discouraged others from indulging in cruel acts. The Florida wrongful death attorneys will guide you whether the negligence committed is punishable, other than paying money for the damages. To file a wrongful death lawsuit, you must know the time limit the law permits you. If you have crossed the time limit, the offender cannot be booked even if he/she has been guilty of the act. The Florida court accepts the case if you have filed in within two years from the date of death.

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Validity Search – What Patent Holders Should do to Defend Their Patents.

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The validity search is a specific type of patent novelty search. The former is conducted to make sure that the patent was validly granted to the patent holder. This process can be extremely complicated and is not as simple as placing keywords in a patent search engine box and then getting an answer to pop out. Since it is a process, there are vital steps to consider along the way. Here are some of the steps you must look into with this patent related search that usually comes sometime after a novelty search has been performed. First, you have to prove that your product is patentable. This is where the role of novelty search comes in. In this process, there are three prerequisites to consider.

You have to prove that the product is novel or original and also that it has not been sold or published in the market for over a year. In line with this, you have to assert that your product is useful enough to carry its functions and to serve its purpose for the end users. Finally you have to show that your invention is not an obvious improvement over an existing product or invention To prove all these points, a patent novelty search will also be necessary. A validity search should support the decision made in a novelty search. To be able to do that, this search should be conducted regardless of how certain you are with the patentability of your soon-to-be launched product or service. By doing so, you will be able to strengthen your invention at the same time get a less complicated patent application process.

This will also help you get rid of possible litigation attacks and validity questions as to your product or service. If someone else questions the validity of your patent claim, the validity search will also serve its purpose. If another party claims invalidity of the patent granted to you, they will do everything to prove that your patent is really invalid. This may then result in issues that will lead to a court trial and patent investigation needing to be performed. On your part as the patent holder, you should disprove these claims as your opponents assert their invalidity issues on your patented technology. Be ready to defend yourself by hiring assistance from IP attorneys or paralegals. In cases when your patent is copied by another party, you may use the validity search to support your patent infringement claims.

This will be crucial for you to prove that the plaintiff indeed copied your patented technology. Remember that the patent search may also be used by someone who is seeking a patent license from your existing product. This is for these future patentees to lower down the minimal royalty payments you require from them. Therefore, you have to make your necessary steps to contest these future problems. A validity search therefore is not just done in order to support a novelty search. It can be used in a number of ways by you as patent holders. This patent-related search is crucial for you to disprove invalidity claims made by other persons who want to claim the patent license already granted to you. At some points, you may also make use of it in support for patent infringement searches. If you want to receive royalty payments due to you from those whom you are granting your patent’s license, this type of search also be of great help.

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