Intellectual Property In The Emerging World

With the development of developing economies market economy dictates its rules and brings increasing importance to such elements of the market economy as industrial property, trade names, trademarks, service marks and appellations of origin. Creating a level playing field for different types of producers, the introduction of competition rules and increasing the responsibility for its results, the need to saturate the market with goods and services to meet the needs of the population give birth to the need for legal mechanisms to ensure proper individualisation of enterprises and organisations, as well as the products they goods and services. This role is designed to be delegated to trademarks and trade names.

It should be noted that until recently, these problems received very little attention in the legislation of developing economies. The individualisation framework had no legislative regulation or regulated by hardly accessible and often obsolete regulations. In the context of the giant monopoly and domination of state ownership, on the one hand, and the lack of competition and scarcity of the commodity market, on the other hand, there was almost no need for the individualisation of manufacturers and their products. The result of such state of affairs was very limited compared to the scale of the country the number of registered individual marks protection, absence of debate about human rights on them in judicial practice, weak theoretical development of the problems associated with trade names and trademarks.

The preconditions for changes

With the transition to a market economy related to specified objects was radically changed. As you know, the market mechanism is very sensitive to the reaction of consumers to manufactured goods. Identifying unmet consumer demand for a particular product serves as a stimulus for the development of production. Available vacuum is quickly filled with goods the customers need. In these circumstances, it is important to enable the individualisation of products and services, what is equally interested in both producers and consumers. Guaranteeing the right to representation on the market under its own individual name on the designation of the goods and services provided by certain characters or names ensuring their protection in case of violations of laws creates the necessary preconditions for the implementation of this possibility.

This is where the situation gives birth to entities that serve the industry with consulting and legal implementation services. In the highly developed economies, these enterprises may be represented by privately held and governmental organisations. Even the educational institutions are interested in developing the direction – thus, e.g. the University of Manchester has launched its UMIP branch, dealing exclusively with intellectual property.

Branding

Brand name is a commercial name of the entrepreneur, is inextricably linked to her business reputation. Under this name, the entrepreneur makes transactions and other legal actions, legal responsibility and exercise their rights and duties, promotes and implements produced products, etc. Brand Name that has become popular with consumers and credibility with business partners, the entrepreneur brings not only a lot of dividends, but also earns respect in society and recognition of services. Therefore, the right of a company should be considered as an important and private non-property benefits. Using the brand name also serves as an important information function, as informs the third party data toiletries, type and organisational form of the enterprise.

UK Lawyers’ Industrial Action: The Causes & Outcomes

Every year UK government allocates about two billion pounds (about 3.2 billion) on legal aid; half of the amount goes to criminal cases, another half to civilian ones. The Ministry of Justice is expected to reduce the appropriation to 215 million pounds ($344 million). Under the plan, the salary of lawyers in complex and expensive affairs should be decreases by 30%, in the rest – by 18%. In criminal cases the contracts will be distributed through the tender, which is likely to be won by those offering the lowest costs. As a consequence, the defendants will not be able to choose a legal representative.

Probation legal adjustments

In the field of probation a number of changes has also been implemented. General Secretary of the National Association of Inspectors Jan Lawrence criticised the project of the Ministry. ‘The government’s plan to transfer 70% of inspection to private owners is rash and untested – he says. ‘It’s a dangerous social experiment that will lead to reductions in the area of rehabilitation and the risk of collapse of the control system, which would create a danger to society’.

Ministry of Justice plans to raise concerns and grievances and lawyers. Nicola Hill, president of the Association of London Criminal Courts Solicitors, is convinced that the desire of minister to save on legal aid system can lead to disaster. ‘The risk that the innocent may go to jail, the nightmare may become reality’, – warns Hill. ‘The number of cases of injustice in common people will increase, because the citizens won’t be able to get a decent lawyer’. Matt Foot of Justice of the Commonwealth has the same opinion: ‘Because of the cuts [appropriations], all but the rich will suffer, so we decided to unite and fight back’.

London solicitors association measures, which is the government do not seem forced. The Association believes that they cause serious damage to the criminal justice system, because qualified and experienced lawyers will leave their job, paid from the state budget, and will be looking for more profitable places. According to forecasts of the association, many law firms will quickly go to the bottom, while professionals will be replaced by less skilled employees and, accordingly, not such costly. Although, good solicitor doesn’t always mean expensive one, mention but one example: kind of agreement when you don’t have to pay legal fees if case isn’t success – see more details about it on the no win no fee agreements issue.

Among the lawyers supporting the union of human rights, defenders and civil society are such groups as Liberty, Unite, The Howard League for Penal Reform, Coram Children’s Legal Centre. A charitable organisation Children’s Society drew attention to the fact that the blow will be delivered to children, and legal aid will not be available to ‘the most vulnerable population group’ including those who suffer from domestic violence. ‘If people are not able to consult with a lawyer due to the fact that more and more law firms are closed’, says the head of the organization Gillian Guy, ‘then the catastrophic effects of innovations will affect not only those who are indicted, but the whole society’. Human rights organizations have expressed the view that the planned changes will undermine the international prestige of the entire judicial system of Great Britain.

According to Solicitors Guru, the platform aggregating hundreds of legal UK enterprises, the impact was huge, but in general companies are reconsidering their strategies and some of them succeed. Some companies despite the stagnation, e.g. Forster Dean, a prominent UK no win no fee and accident claims agency, has managed to advance despite the blow delivered to the industry, expanding its services throughout the entire country.