Intellectual Property & Copyright Management System
Valuation of Intellectual Property Assets
Our service portfolio
Copyrights Clarke, Modet & Cº offers a complete advising service to the organizations concerning Copyrights in all stages. We support in the design and implementation of the intellectual assets management policy.
Profitability of the investment made and reduction of third-parties infringement risk
Protection, control and defence of the Copyright mechanisms
This service is aimed at:
Organizations which produce, edit, print, trade and supply, own and third parties, artistic work which can be protected by Copyrights
Companies that use music, pictures, software, data base, articles, magazines and designs belonged to third parties
Consultancy companies and Architecture & Engineer studio
Our approach Intellectual Property & Copyrights Management Systems With an owned approach, organizations could manage and exploit the IP assets in line with their business plan
Control over the IP assets and their emerging values
Assistance in the R&D and innovation investment and Know-how according to the business strategy
Recording the procedures and processes of the IP management
Setting up a common language and uniform performance procedures
Identification, control, monitoring and exploitation of the IP assets
Secure transmission of the innovative knowledge
IP culture implementation within the organization
Analysis of the initial situation Report of the detailed information concerning the scope and condition of the IP management Description and Development of the Management Procedures Planning and development of the IP management measures and practices Scheme Implementation Start-up the system to guarantee the correct operative and strategic lines of the organization Human Resources Training RESULTS ANALYSIS Confirmation and validation of the IP Management System
1 - In March 2007, Dell applied to trademark the term "cloud computing" (U.S. Trademark 77,139,082) in the United States.
The "Notice of Allowance" it received in July 2008 was canceled on August 6, resulting in a formal rejection of the trademark application less than a week later.
2 - On September 30, 2008, USPTO issued a "Notice of Allowance" to CGactive LLC (U.S. Trademark 77,355,287) for "CloudOS".
3 - In November 2007, the Free Software Foundation released the Affero General Public License, a version of GPLv3 designed to close a perceived legal loophole associated with Free software designed to be run over a network, particularly software as a service.
An application service provider is required to release any changes they make to Affero GPL open source code.
into locked, proprietary systems that would cost them
more and more over time.
Stallman, who is a staunch privacy advocate, advised users to stay local and stick with their own computers.
"One reason you should not use web applications to do your computing is that you lose control," he said. "It's just as bad as using a proprietary program. Do your own computing on your own computer with your copy of a freedom-respecting program. If you use a proprietary program or somebody else's web server, you're defenceless. You're putty in the hands of whoever developed that software.“
His comments echo those made last week by Larry Ellison , the founder of Oracle, who criticised the rash of cloud computing announcements as "fashion-driven" and "complete gibberish".
Cloud service delivery model is not entirely new nor is it unregulated.
There is an extensive pre-existing framework of regulation which applies
to IT, software and e-commerce, which will be applicable to cloud-computing
models, even though it may not have been drafted with cloud computing in mind.
Although cloud services appear to be global, it is still going to be subject to national regulations
Where and for how long?
Various regulators will be interested to know where, and for how long, is going to be the location of customer data.
There is a big issue, for example, around transfers of data outside the European Economic Area: this can only be done under certain strict conditions.
Legislation imposes different retention periods for different types of data (employment records, tax records, health and safety files, etc), while data-protection law says you can only keep personal data for as long as necessary.
in some cases, few legal assurances given by service-providers
reflect that lower price and little support or maintenance.
Some of those terms and conditions may not stand up to
EU consumer and contract law.
C.C. requires the adoption of new business models:
The “traditional” licensing model - a software company will grant a customer the right to install and use the program on the customer’s own computer located on its own premises.
In the cloud computing paradigm, the provider grants the customer the right to obtain access to certain limited functionalities (perhaps through a web-based interface) of programs installed on the provider’s computer at a remote location. Such limited right of access and use may be granted only for a limited time period.
This different business model has to address matters such as payments, warranty terms, termination, liability and protection of confidential and personal information.
In certain jurisdictions, data which customers might believe to be secure could, in fact, be subject to disclosure through, for example, the broad discovery powers of judges in the US, or extensive government surveillance powers.
May personal information about Portuguese stored outside Portugal, if the cloud computing service is offered by a U.S. service provider. may be accessed by law-enforcement bodies, particularly under anti-terrorism legislation such as the USA PATRIOT Act or the UK Regulation of Investigatory Powers Act.
Also, Health record privacy laws require a formal agreement before any sharing of records
And professional secrecy obligations, such as imposed on lawyers,
may prevent the sharing of client information
Enforcement of Intellectual Property Rights
Will he rights holder be in a position to enforce their intellectual property rights when computing resources are used for the unauthorized distribution of video, music or other content, and the location of the infringing activity may be difficult to determine.
One customer’s bad behaviour may affect the reputation of the cloud as a whole;
Cloud computing providers would prefer liability to remain with the customer (i.e., the company sending the spam)
Which courts will have jurisdiction to deal with any wrongful activity, such as the posting of defamatory content on storage devices located in one jurisdiction, where the customers or any affected third parties may be located in other jurisdictions.
Also, information in the cloud may have more than one legal location at the same time
Different jurisdiction bears different legal consequences
Users of cloud services should insist on (SLA) service level agreement terms
with their providers in relation to the following:
PRIVILEGED USER ACCESS — inquire about who has specialized access
to data and about the hiring and management of such administrators
REGULATORY COMPLIANCE — make sure a vendor is willing to undergo
external audits and/or security certifications
DATA LOCATION — ask provider if he will commit to storing and processing data in specific jurisdictions, and whether they will make a contractual commitment to obey local privacy requirements on behalf of their customers
DEMONSTRABLE CUSTOMER CARE – security; probably persistent data integrity; storage security