Hello 
Dave, do you know anything about Intellectual Property Law in the USA? and if possible, specifically unregistered design rights? Or even better, what IP law in the US of A focuses on? I have mentioned in my assignment that in america its focused on creativity, whereas in the UK it focuses on ownership and designers rights. any info? Anything would help, i need to back it up!
Secondly, in Family Law, whats the approach adopted by the judges in USA when it comes to deciding 
residence orders (b) Paternity and (c) what does USA law say about cohabitating couples who split up, are they offered equivalant rights to a married couple when they split up? Here they arent, but reform proposals have suggested that financial relief be available
and Lastly.....I wont bother you with the Equty assignment, havent come to grips with it myself
if you could help, would be much appreciated.....this applies to anyone who can help actually!
cheerz
Do some research!
"For too long, we have been a passively tolerant society, saying to our citizens 'as long as you obey the law, we will leave you alone'" - David Cameron, UK Prime Minister. 13 May 2015.
Good thing I didn't choose law as I nearly did, sounds really boring.
Enjoy!
[b][color=indigo]Is it really that boring?? I was planning to take it up as an A-level but good job i didn't, too much comitments and exams and them thick looong books..!
And bro Hayder good look! My uncle chose law and was studying it for about 7 odd years![/color][/b]
A-level law isn't that bad, I know a few people who did it and enjoyed it, I wanted to do a-level law but the classes were full.
But law at university is boring, you learn about tort law, land law, contract law, european law and other boring laws. The only area in law that is interesting is criminal law. That's why I chose criminology, you should do that coz its mainly girls who do criminology :oops:
[b][color=indigo]Well I’m to late now! Besides the course which I’m doing now gives me 3 A-levels guaranteed and i don't have to sit one exam! [/color][/b]
[color=indigo][b]Lol. So your Mr Lonely!
That sounds very boring for my liking but the pay is very good once you've got yourself a job in the law department esp the property area, my uncles rolling in it and he's got his own firm within 3 years of graduating![/color][/b]
i have done my research, this was a few words for comparing other systems in my evaluation!
and who says its boring? im enjoying the course content more this year than the last two years
- and yeah, criminal law is one of the best, but not one of the best paid
you wanna make the money? do a degree in another field...something mechanical or physical or science related.....and then learn Patent law, you'll make a killing.
So hows criminology going Muslim bro, i bet your enjoying it eh eh eh
The Lover is ever drunk with love;
He is free, he is mad,
He dances with ecstasy and delight.
Caught by our own thoughts,
We worry about every little thing,
But once we get drunk on that love,
Whatever will be, will be.
ɐɥɐɥ
Also, anyone have any idea where Dust has gone?
The Lover is ever drunk with love;
He is free, he is mad,
He dances with ecstasy and delight.
Caught by our own thoughts,
We worry about every little thing,
But once we get drunk on that love,
Whatever will be, will be.
ɐɥɐɥ
Actually it's going better than I was expecting, gave in 4 courseworks so far and passed all of them, considering I started them a few days before they were due in.
I done an exam a week before the holidays and it was sooooo easy, I must say a-levels are way harder. Hope all my exams are like that.
So hows your course going......geek!
And how comes the law you're learning about consists of law in the US, I thought you only learnt about UK and EU law?
Merry Christmas Mr. Sirus!
Unfortunately I do not know much, if anything, about IP and I do know a little about Family Law however I doubt anything less than authoritative will help you. Fortunately I've got a few specialists I can call at dad's law firm that should be able to give you something, or better yet I can just look it up through Westlaw at school. When do you need this by? I'm sort of in the middle of a holiday at the moment - which I was quite sick and miserable through yesterday but it did peak up toward the end. I actually made it to Mass, a Protestant service with my parents - and everyone there is now trying to convert Annette because she blew their socks off with her voice, most of the Messiah and a huge party (Mexicans, these people are unbelievable) all the while battling food poisoning! We weren't done until 3am!
I've gone off on a tangent... I can just sense it.
Right, anyway - hit me up with a date you need this by and I will give you everything you need, caselaw statutes reviews the works.
Just off the top of my head unless a cohabiting couple has been living long enough in some states to become a common law marriage then there probably is no Family law that affects them - including divorce and breakups. The peculiar thing is that most marriage related things are handled by the States (it's not a Federal question) so it will vary by State... that does not mean there isn't a national standard though. Sometimes they do things called "uniform codes" that lawyers come up with to make all the state law cohesive across the nation. I suspect there will be some with respect to this issue because Family law is notorious for people crossing state lines to get what they want... despite the fact there is no jurisdiction sometimes.
Tis loverly.
However at this particular moment I'm afraid we are caroling and doing something with the homeless (her idea, naturally) I'm sure I'll fit in great.
I'm charitable.
No I'm not.
First time for everything I suppose. Hey my daughters are getting baptized on the same day Jesus was! I told ya they are angels!
Ciao bello - let me know about the timeline on this.
Merry Christmas Dave.
[size=10]The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts.[/size]
[size=9]Bertrand Russell (1872 - 1970)[/size]
and to you pal! how did it go?
Dont worry about it, anything you can do will be of help. (or not lol) I didnt know you use westlaw too? im presuming you have a USA version?
Family and IP - 8/9 January
Cheerz
i probably will only include a few lines for each one, so as concise as possible would help...and no big words, unfortunately i cant cite [i]Hamilton, D. The Revival Forum [online] www.therevival.co.uk/forum 2006[/i] as a reference
The Lover is ever drunk with love;
He is free, he is mad,
He dances with ecstasy and delight.
Caught by our own thoughts,
We worry about every little thing,
But once we get drunk on that love,
Whatever will be, will be.
ɐɥɐɥ
aaaaaaaaaalrighty then
IP stuff:
In the US of A there is no such thing as unregistered design rights - that is apparently a UK idiosyncrasy. IP in the US basically comprises Patent, Copyright, and Trade Secrets and it basically is a conceptual outgrowth of Patent law, it is Constitutionally protected rather than extending from the 14th amendment (which i did not know) coming from the "Copyright Clause" of the Federal Constitution Art I, Sect 8.8 "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" the former part describes a congressional power (creating patents) that basically means that all patent law is federal. the second is an actual right of the people... not found in the bill of rights, which is interesting, the right is specifically "to their respective writings and discoveries" which was first refered to as "intellectual property" in "Davoll et al. v. Brown"
right, that out of the way to address your thesis it looks like you are in a little bit of trouble... it looks like conceptually intellectual property is (despite not being grounded in the 14th amendment) focuses more on the "property" angle and less so on the "intellectual" aspect... in other words ownership is more important than creativity. at least in relation to the UK which appears to actually care if you havent gone to the patent office but can proove you came up with the idea. in the US if you do not have a patent copyright, whatever you're screwed.
its precisely that - the physical possession of a copyright or patent that signifies you as the owner in the eyes of the law that matters. if you cannot establish that you simply have no rights...
as for the actual attainment of a patent or copyright it is obviously dependent upon the idea being both yours (in other words you can demonstrate that there are no other standing patents on the idea) and that it is original (you can demonstrate that your idea is [i][b]completely[/b][/i] yours)
so as for laws explanations and stuff here is what i found the most useful:
http://www.vjolt.net/vol10/issue4/v10i4_a11-Mayer-Schonberger.pdf
from the good people of UVA here is an article tracing the political philosophy and legal philosophy background of IP development in the US of A
http://www.piercelaw.edu/tfield/pLfip.htm - this resource is very concise, it pretty much gives you the legal essentials behind american IP rights, this is probably most useful to you.
http://www.stlr.org/html/volume1/encryptionintro.html - this is a really interesting article that talks about the problem of the First Amendment as applied to IP rights... since much of IP is in the form of speech, ideas or expressions it is affected by the First Amenment freedom of speech... specifically whether ideas and expressions considered within the framework of "speech" means there is no such thing as speech-ownership.
for example, if you came up with a song *to the tune of deutschland uber alles*
"chocolate cake over everything,
over everything in the world!
when theres nothing in the cupboard
there is cake in the refrigerator"
and you decided to enforce your right of ownership over your intellectual property, by charging anybody that sings it 20 cents then you are naturally depriving me of my first amendment freedom of expression right to sing whatever the hell i want.
consequently there is a big battle between ownership rights (which IP really is) versus freedom of expression (which the FA covers).
worth reading for some background info.
and of course i would be remiss in my responsibilities if i didnt include my harvard plug (go crimson!) this is JOLT http://jolt.law.harvard.edu/ the biggest geeks in cambridge. these guys live breath and die property rights, they have nothing better to do... terrible breath and absolutely cannot talk to girls...
i kinda feel sorry for them actually...
right, well, anyway the only reason I brought this up is because there is a number of interesting articles expanding on the last dilemna i mentioned, however this time it is in relation to wikipedia. [url=http://jolt.law.harvard.edu/articles/v20.php]you might want to check it out.[/url]
[url=http://caselaw.lp.findlaw.com/casecode/uscodes/17/toc.html]here[/url] is the actual USC Title 17 (copyrights)
and here is the [url=http://www.wipo.int/treaties/en/ip/tlt/trtdocs_wo027.html]international trademark treaty[/url], constitutionally foreign treaties are more binding than federal laws.
so onto the bad news, i cannot find anybody that does family law... none of my professors have any background in family law, nobody at dads firm and no law firms i am aware of... the unfortunate thing about family law is that it pays virtually nothing, isnt particularly glittery, and is completely unpleasant... therefore only bottom feeders/new graduates looking for court room experience are the only ones that do it.
i have the utmost regard for some family lawyers but their work is hardly desireable... i couldnt even find anyone that does it pro bono at dads firm... ouch.
nor am i familiar with any of the statutes or caselaw... i do not know where to begin to look in westlaw, especially since it is one of those things that varies by state... what is held true in south carolina on certain things might not be true of virginia. - that is because we are a federal system.
I do not know if I could even suggest where to look...
and a (belated) Merry Christmas to you sir.