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Showing posts with the label escrow

WIPO Proof

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Standard YouTube Licence Jane Lambert A time-honoured way of proving the existence of a document on a particular day is to place it in a sealed envelope and post it to oneself or a trusted third party.  The envelope would bear a postmark proving the date and place of posting of the envelope.  If the seal was intact and there was no obvious tampering with the envelope it would prove that the ideas expressed in the document existed on the date of posting.  Often it proved other things such as the originator of the idea or at least the author of the document. In the United States, the exercise was called a "poor man's patent" possibly because it could sometimes identify the person who was entitled to apply for a patent before the Leahy-Smith America Invents Act (Public Law 112-29 26 Sept 2011) .  However, it was and is used here to prove the authorship of a copyright work or the originator of a trade secret.  The system of source code escrow is simply a...

Legal Cost Finance - Another Response to Sky Rocketing Court Fees

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Jane Lambert Yesterday the Ministry of Justice increased fees for issuing proceedings to 5% of the value of the claim for claims over £10,000 with a cap of £10,000 for claims of £200,000 or over.  For some claims that it is a whopping 622% increase in fees.  The statutory instrument that effects those increases is  The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 which is available only in draft on the legislation.gov.uk website. For entrepreneurs, designers and inventors this fees increase is very bad news because most IP infringement claims are for injunctions and unspecified damages. As I explained in Why "IP Yorkshire?"   10 Sept 2008    there is a correlation between patenting and the cost of enforcement. That is why this country consistently trails not only France and Germany in the number of European  patent applications but also the Netherlands with a third of our population and Switzerland with one ...