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The importance of intellectual property

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    Alex Montagu touch on the importance of written agreements in licensing intellectual property

  • Duration 9:36
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I'm joined now by Alex Montague -- intellectual property lawyer and an author un intellectual property money and power in and you -- And -- -- about some of these copyright and -- and protection issues.

That also and we -- on apple and Samsung huge multi multibillion dollar cases but also this is something that affects all companies of all sizes right.

It certainly does and especially in today's world and because if you've noticed we have an economy.

-- There's a big difference between number one and number two.

And and these companies are based on technology right so if you look at and -- -- For example and it got the Smartphone in the golden lord of the different technologies on -- this month found.

Went on their.

Way up.

Very trust.

They don't necessarily stop to think MIA infringing on someone's patent.

Right that's it ended when of course they should be but.

You know they don't always do that and so you know some song rushes up that to try to catch up without full moon.

You know -- behold.

It's got this.

Problem you know with with infringing on its -- and it's not limited to -- some song you've gone FaceBook.

You go to Yahoo! FaceBook patent case.

-- about Yahoo! fits that Louisiana Yahoo! has brought the lawsuit against -- -- claiming that FaceBook it infringed on some its content because it it.

Patents in that social networking area.

OK so you know this is really in the -- intellectual property on FaceBook.

Well FaceBook owns the intellectual property on FaceBook the question is.

Does that intellectual problems -- infringe.

All violate someone else's intellectual property is did their race to the top of the social networking business.

-- -- Step on someone else's intellectual property meaning there are flaws in the system.

Which yes determine who stepson -- what are some of those plus well I think the flow -- -- Hello and there you know the copyright act is comes from the statute of seventeen O nine and only -- that is called.

Hello and it was written for book publishing a pet.

And today we're trying to apply those laws to social media networks -- -- to peer file sharing.

Those are the laws did you determining who.

-- is Vincent.

Who's responsible for the tremendous health maintenance and attend anything yet.

We haven't but we're slowly moving towards a stunned that -- notice and takedown.

But we have Angela Fayette and part of the problem is that of course this is global United Technologies that.

On -- evening our economy.

They're also driving the forces of globalization.

And our laws are very local.

So -- you know even if we have an act of congress -- which we did in the copyright case the digital millennium copyright act came out a decade ago.

More of we have some Supreme Court decisions like we did in the cases of -- -- peer to peer file sharing.

Only applying the US.

Right let's go back to -- apple Samsung case is that multinational.

And it's so big that most people can identify with at least the products.

In a US court -- that Samsung was -- done Samsung -- apple yeah but the South Korean court ruled the opposite correct what do you make of that.

Well again on rules on territorial so that.

Apple's patents in the US.

On different from the patents that it holds.

And South Korea so there's someone's job who knows how to make sense -- And find all the patents and determine what flat right.

There's a person out there and doing -- thirteen that there is no one person I mean there -- really two issues one is if if you're trying to understand.

Who -- want to yes you know -- databases of content that you condone which such.

But caught what I think that you referring to these benefit to harmonize all of these laws so that you know people don't fall into this.

Problem I mean you know do know that -- had this problem to where it was -- in New York by Tiffany.

And and Tiffany hello claimed that 70% to 75% on the items on eBay -- counterfeit so and so eBay should not be.

Selling us again who's gonna police.

The cost who's gonna pay for the cost of policing the stuff and he may want.

In New York but that different outcome is reached in France.

-- -- that court in Paris ruled in favor of Louis Vuitton and same claim.

Different -- got it.

Two different outcome now this is obviously we're talking about big companies who can obviously afford the legal team is necessary to handle -- this this expensive.

Very expensive very very expensive to give you an idea.

-- patent infringement litigation could cost.

Anywhere from five to ten million dollars in legal fees on each side eight.

You know there's a case -- talk about in my book the -- -- case.

Mom went Mattel.

-- lawsuit over the ownership for the Bratz doll if you remember it was employees that was quite popular and the legal fees in that case is.

Reached about -- hundred million on each side.

So what -- you.

-- until any instances of smaller companies.

For having issues.

Yes media is here -- smaller companies who actually didn't take.

Down by the expenses that -- For -- -- to fight such -- yes no interest expenses of litigation but -- -- Falling into that trump all of not.

Not being aware of these issues I have I have an example in my book about this small retail company that it outsourced its web site.

When it its -- homicide and it was basically any comments company to this consultant -- When it got into a dispute with the consultant in the consultant basically took down the left side.

And it went out of business the company went out of business because it hadn't.

Formalize its relationship with the consultant it didn't have ownership of the domain name can.

Which of course should've been its intellectual property but wasn't properly -- -- -- IC examples all the time of people coming and you know they haven't registered their trademark.

You know or is -- violating someone's patent -- copyright.

And we talk about this you know just that they don't have -- a -- first thing smaller business again.

Check -- out into the smaller businesses should -- those three questions.

One of -- done to identify and protect my intellectual property of what is -- -- done not to step on to someone else's intellectual property.

And one of -- done to monetize my intellectual property and now they come on the third one.

Unlisted -- of the first to -- but they've got to do those first two.

And if they do those well.

It's -- -- -- they will avoid litigation.

If they don't look at some point they're -- -- problem.

Yes it's something that everyone should watch out for it there's a hot button issue right now obviously causing uprisings in Middle East.

With the actress Betty sue lenient this film maker behind the anti Islam movie -- -- Can you explain this -- me how this becomes a copyright -- an intellectual property.

Yes case aides actually more of it defamation case OK but it is coming in through what we coal.

Full flights.

Rights of publicity.

Let me explain -- actress.

Is claiming that she acted in this movie but she wasn't told of the time that this was going to be.

And anti Islam movie and that in fact when the movie was translates into higher -- a voice was -- -- and it wasn't what she is set.

It would do those analysts want what she has it so she was put faith and a false -- and she was defamed gets so those of the claims that she's -- Now whether or not she's going to be successful it depends on exactly.

You know what a contract.

Sent as well as want.

What the -- -- in fact if the -- was wrong but.

This really brings us to one of the -- issues in today's world which is you know the distribution.

Tunnels that has allowed this YouTube video to be distributed worldwide and and you really want all of intellectual property rights of people half.

And the rights of privacy in -- FaceBook is facing us right now.

YouTube goes through this that this is huge upbeat to that imagine well when you Google which owns YouTube Google and YouTube have a -- problem because as you might know Viacom has -- come on that case is still ongoing and in claiming that.

-- they've got all the rest come from movies on that that it infringing Mike Holmes on coconuts right.

That you -- should take -- down.

But in terms of this is an only issue in terms of the distribution.

All the pay fake movie right with the actress doing so it's -- really very exchange.

This month -- thank you so much for joining us into intellectual property and money and power and -- new arrow off -- can you read this is.

Chatting in Samsung lost in court because consumers one now they know -- -- -- apple technology cheaper from sentence Samsung.

-- thinking for Chad thank -- -- us today.

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