- Added By :John Grubb Category : Divorce Law Article Id: 943 Added On : 2017-10-18 Views : 859
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- Added By :Mr. Ange Morel Category : Trade Marks Law Article Id: 668 Added On : 2017-05-18 Views : 859
Contact International Law and Corporate Service today to get professional approach and practical help.
- Added By :Mr. Ange Morel Category : Bankruptcy Law Article Id: 647 Added On : 2017-05-08 Views : 859
Contact International Law and Corporate Service today to get professional approach and practical help.
- Added By :Wpmh Legal Category : Personal Injury Law Article Id: 596 Added On : 2017-04-01 Views : 859
Personal injuries are mostly caused by irresponsible and careless behavior of others. It is not that accidents might not be caused by your own negligence or unawareness, but a significant percentage is caused because of external factors. From a lawyer’s point of view personal injury could be classified into four categories: wrongful death, medical malpractice, premises liability, and product liability.
The worst outcome of a personal injury is death which could be due to negligent or deliberate behavior on someone else’s part. In the event of death, the next of kin could file a suit on the deceased’s behalf in any court of law in Georgia State. For this purpose a Georgia personal injury attorney might be engaged. Though it would not be possible to bring back a dead person back to life, compensation for damages might be claimed by those affected by this loss. Damages that might be compensated include medical expenses, funeral expenses, consortium loss, financial loss, and mental loss.
When a doctor, hospital, or health care unit through negligence or omission causes injury to a patient an act of medical malpractice takes place. This omission or negligence could be in diagnosis, treatment, health management, or aftercare. Malpractice occurs in one or more of the following:
- Injury caused by negligence;
- Violation of standard medical procedures and care;
- Injury resulting in considerable damages.
This type of personal injury is caused by defective or unsafe conditions related to someone’s property. For any lawsuit to be qualified under a premises liability clause it needs to be proved that an injury was because of negligence on part of the owner of the property. If reasonable care was taken such an injury could have been avoided. However, just by qualifying a property to be unsafe does not qualify it to be a case of negligence. Negligence only occurs when owner of a property intentionally leaves it unattended even after knowing it could cause harm.
Slip and fall cases, inadequate building security, escalator and elevator accidents, swimming pool accidents, and dog bites are typical examples of personal injuries under premises liability.
Any injury caused by using a product could be classified under product liability clause. Individuals harmed by using such products might file a lawsuit against manufacturers of such products.
A personal injury lawyer in Macon is qualified to cater to each of the aforesaid for types of personal injury instances.
About the author:
This article is written by Westmoreland, Patterson, Moseley & Hinson, L.L.P. Team. Westmoreland, Patterson, Moseley & Hinson, LLP, has been representing people with legal needs for over 50 years. Our law firm uses the vast resources available and we have the experience needed to handle successfully a wide range of complex legal issues.
- Added By :Rahul Garg Category : Intellectual Property Law Article Id: 70 Added On : 2015-04-15 Views : 859
The recent Legal Outsourcing Conferences have been stressing the importance of Intellectual property rights in the growing digital economy. The need has been more stressed with WTO’s trade related intellectual property rights provisions setting the tone with the rules for all its members covering about 95% of the entire trade between the countries. As the trade between developed countries and developing countries grows with the transfer of technology, the changing economic system offers many Business Opportunities and challenges for Law Firms dealing in intellectual property rights.
Creativity and the innovation of the businesses fuel the modern economies, and such inventions, innovations need proper protection in the form of patents, copyrights, etc so the companies spearheading these inventions can enjoy the fruits of their hard work and capital investment. With such protection in place, organizations can generate high-paying jobs and more employment helping the societies. In one of the USA law events, President Barack Obama emphasized the need for such protection saying; from health care, to education and energy sector innovation is the way to achieve prosperity.
Economic recovery is possible only with these inventions, innovations, and framing of proper intellectual property rights is imperative for protecting the interests of our investors. Intellectual property rights infringement or the copyright infringement has become a major threat to all businesses across the globe negatively affecting these industries such as Publishing, software, music, movies, games, etc their economies, questioning their sustainability in some cases.
A report for the international chamber of commerce puts this violation of copyrights, patents at US $ 215 billion by the end of the year 2015. The rapid technological innovations such as peer-to-peer share networks are facilitating such copyright violations and piracy activities. While music industry is the most affected, television shows are not far behind, the popular television series 5 of “Lost” was the most pirated with more than 2 million pirated downloads, and as soon as the last episode was broadcast on Tv, about 100, 000 people shared a single metadata peer-to peer sharing torrent file to download the episode.
These numbers threaten the innovative spirit and enthusiasm of the modern businesses, as majority of the modern day businesses rely solely on their intellectual capabilities. Technology companies thrive on inventing and licensing their inventions in a bid to protecting their Global Event Outsourcing. Technology giant, Qualcomm, invested about US$ 12 billion in the year 1985 to achieve a market capitalization of US $ 96 billion by licensing their Legal Networking Events, purely based on invention, innovation and licensing.
The number of applications for patents has grown manifolds in the recent past. Analysts say, there is a confusion as ot how owns a patent or where to go for a patent, and this is also the reason for growing number of patent applications.
Regulators are facing a huge challenge dealing with these issues, especially in a system with fragmented system that is incompetent and leaves the players in the system frustrated. To protect the interest of the stakeholders, it is imperative to create a system that encourages innovation, creativity, protects the free speech, encourages healthy competition, makes use of the exponential power of the digital technology.
- Added By :RK Dewan Category : Patent Law Article Id: 64 Added On : 2015-02-09 Views : 859
The year 2014 turned many of our established patent principles on their head and unlike previous years some astounding judgments came from High Courts around the country not just from Delhi.
<p>In the beginning of the year, we had Judge Ramasubramaniam, defining various provisions of the Indian Patents Act and laying down principles on how a patent trial should be conducted and what evidence is required for a patentee in a Patent infringement suit to establish infringement of a patent . Not many people realized, even in the legal fraternity, that this was a judgment after full trial in a suit for patent infringement. The Madras judgment was followed by the decision in the writ petition filed by Teijin Ltd in the Mumbai High Court which dealt with renewals in respect of patents which endorsed the power of the Controller of Patents to remedy a clerical error committed during prosecution under section 129 and 137 of the Act. From Mumbai, the scene shifted back to Chennai. In the NTT DoCoMo Inc. case where Justice Raja echoed the principles laid down in the Teijin case. In April 2014, Justice Manmohan Singh of the Delhi High Court had an occasion to decide upon the maintainability of a suit under the Patents Act when there were alleged discrepancies in the Recordal of an exclusive license agreement in favour of the plaintiff. Justice Manmohan Singh refused to dismiss the suit without completion of the Recordal proceedings . In a further judgment, thereafter, in an appeal filed by 3M against Venus Safety Justice Manmohan Singh while refusing to grant an injunction to the plaintiff held that “A slight trivial or infinitesimal variation from a pre-existing invention would not qualify to be a valid invention”. Once again in Sandeep Jaidka vs. Mukesh Mittal , Justice Manmohan Singh refused to grant an interim injunction in respect of patent infringement where admittedly the plaintiff was not working the patent.</P>
<p>June saw the Supreme Court deciding once and for all in Aloys Wobben vs. YogeshMehra that a defendant in a patent infringement suit could only use one of the remedies available under the Patents Act to attack the validity of a patent. These remedies include filing a post grant opposition under Section 25, a revocation action under Section 64 and a counter claim for revocation in a suit for infringement. However, inadvertently, the Supreme Court also reduced the useful life of a granted patent by one whole year when it stated that an infringement action cannot be initiated in the first year, when a patent was still open to challenge under a post grant opposition. In July, the scene moved back to Mumbai where in the Bayer Corporation case , Justices Shah and Sanklecha upheld the Controller of Patents order and the IPAB order in the Bayer vs. Natco Saga for the compulsory license in respect of the cancer drug popularly known as Nexavar. An important side finding was that it was not mandatory for establishing working in India that a patented drug had to be manufactured in India. Bayer appealed from this judgment to the Supreme Court but at the end of the year the compulsory license granted in favour of Natco was not disturbed. It appears that what swayed each of the adjudicators against Bayer was Bayer’s refusal to provide details of R&D costs incurred that were asked for by the Courts and its apathy towards selling the product in India.</p>
<p>Some important issues in qualifying who can be considered as an expert in leading evidence in patent suits was discussed in two cases in the year. In the first case, Vringo vs. IndiaMart , Justice Shaliof the Delhi High Court pointed out that a witness who is not an Indian Patent Agent cannot be considered as an expert to give an opinion whether an Indian Patent is infringed in India. Further, a self favouring admission by the plaintiff cannot be considered relevant under Section 21 of the Evidence Act. To be considered as an expert, Justice Shali suggests two conditions. Firstly, the expert should have at least a basic degree in the field and in addition should have some research work conducted by him in that area. A generalist ‘cannot be considered as an expert in that field’. Further, Justice Shali equated the qualifications of an expert in a field to be commensurate with the qualifications for a scientific advisor as provided in Rule 103 of the Patents Rule.The second case on the subject was decided in Calcutta, later, in the year in November;Justice Mukerji in Rajesh Kumar Banka vs. Union of India gave an opinion on the qualities of an expert witness. The expert witness in this case, relating to a plastic sealing device, was a B.Tech in polymer technology. Justice Mukerji came to the conclusion that in these matters Section 45 of the Indian Evidence Act pointed in the right direction and such a person should be especially skilled in the field and that such a witness’s testimony is always open to cross examination. There was a further ratio that a Court should not turn into an expert in which it has no competence. In the case of Salzer Electronics limited vs. SG controls , the Appellate Bench of the Madras High Court was required to deal with the lower Courts order refusing an interim injunction.The bench while setting aside the lower Courts order stated that an order dismissing an interim injunction must be a reasoned order without expressing any opinion on merits and must take into account all the details and facts. The order should give adequate reasons for refusing an interim injunction.</p>
<p>As in earlier years, pharmaceutical patents were also the subject of patent disputes. There was a judgement in Novartis vs. Ranbaxy in respect of Vida Gliptin in which Ranbaxy was temporarily restrained. The Single Judges Order was appealed against and the appeal bench’s order confirmed the interim injunction . Merck Serono succeeded in overturning the abandonment order of the Controller of Patents and in the appeal filed by Bristol-Myers vs. Mylan Labs in respect of the drug Atazanavir, Mylan Labs was permitted to export the drug to Venezuela but was asked to maintain accounts and deposit 5% of the revenue it received in Court till the disposal of the suit. At the end of the year, in the Gharda Chemicals Limited case , the Bombay High Court dropped a bomb shell when it stated that employees’ inventions do not automatically belong to the employer.</p>
- Added By :Giandomenico De Tullio Category : Inheritance Law Article Id: 63 Added On : 2015-01-20 Views : 859
In Italy what are the Laws concerning Inheritance where there is no Will?
In Italy if a deceased person has immovable assets but has not written a Will, the estate will be dealt with under the prescription of the Italian legal system. Alternatively if the existing Will does not provide for the whole of the deceased’s estate or lacks contents it is invalid.
Who will inherit assets if there is no Will?
In the case that the deceased did not write a Will, their estate shall be distributed among family members up to the sixth degree. If no relatives exist up to the sixth degree, the estate goes to the State. The order of entitlement of heirs is as follows:
- The spouse is entitled to inherit the whole estate if there are no other relatives.
- If there is one child and a spouse, the spouse inherits half of the estate and the child one third. This alters if there is more than one child.
- If there are parents or siblings of the spouse, the spouse is entitled to 2/3 of the estate and the parents and the siblings the remaining third.
- If there is no spouse, the children inherit the whole deceased’s estate. If there is more than one child, the estate is divided between all the children in equal parts.
- No distinction is made between legitimate, natural and adopted children, all have equal rights.
- If both parents are living they inherit in equal parts
- For grandparents, if all are living, half of the estate is distributed among the mother’s family, and half among the father’s family.
- Siblings inherit in equal parts and if parents, siblings and grandparents are all surviving, they each have a right to a part of the estate.
- If the deceased leaves none of the above, the estate is left to the closest relative up to the sixth degree.
- If no relatives up to the sixth degree are found, the government inherits the estate.
The Italian legal system automatically protects the rights of the family, even if the deceased has not expressed such.
If I write a Will can I exclude certain family members?
In the case of testamentary succession there are rules which protect those family members who are, by law entitled to a share of the deceased’s estate, namely the children, the spouse and the parents of the deceased. These persons are called ‘forced heirs’.
What percentage are ‘forced heirs’ entitled to?
A spouse would be entitled to half of the estate, one child is entitled to half of the estate, more than one child are entitled to one third of the estate distributed between them.
The deceased’s parents together with the spouse are entitled to one forth and half of the estate respectively. The spouse and one child are is entitled to one third each, if there is more than one child the children are entitled to half and the spouse to one forth of the estate.
How should I draft my Italian Will?
The safest and most secure way to draft a Will would be to do so through a public Will, the Will is written by a Notary Public, this is agreed by the testator in front of two witnesses and signed by those present. This would be the most secure method as the Will is then archived by the Notary Public for safe-keeping.
How is Italian Inheritance Taxed?
Italian Inheritance Taxi s currently in place and the rates depend on who the beneficiary is.
The spouse, children and grandchildren are obligated to pay a 4% tax rate on assets that exceed Euro 1.000.000,00.
Siblings and other relatives up to the fourth degree are obligated to pay a 6% tax rate on assets exceeding Euro 100.000,00.
Others, not included above are obligated to pay an 8% tax rate for any asset they inherit.