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Given that there are more than 12 million illegal immigrants in the United States and that information on U.S citizens is scattered across various databases all over 3,142 counties, it is safe to conclude that an instant background check is not possible at present. Yet, there are innumerable companies that purportedly offer instant background checks. These checks are offered at very low rates and sometimes are done free-of-charge. The apparent speedy dispensation of information and low cost are the main reasons that employers try out this option.

As of now the unavailability of a universal database on American citizens means that a background check can take time and requires a fair amount of follow-ups and co-ordination. Companies offering instant background checks have mushroomed because the demand for background screening has gone up and H.R departments are invariably stressed for time. However, what one needs to understand is that outsourcing background checks is a recent phenomenon and there are still no standards set regarding the extent of information to be mined and the manner in which the information should be construed.

Companies that opt for instant background checks often end up losing money instead of saving it. The cost of a thorough background check that covers criminal records, education, driving records, and drug tests is well worth the money spent because it is far less than having to recruit an employee all over again if a job-seeker once selected and trained turns out to have a record less than satisfactory. The costs that a company may face if an unqualified employee is made to leave include rehiring, retraining, loss in productivity, healthcare, as well as potential lawsuits.

Instant background checks may be possible if the database is on the residents of a limited area such as a county or even a state. In such a scenario, it can provide efficient pre-employment screening including social security number checks and employment credit reports. It is important to understand that in order to provide instant credit checks the databases need to be updated in real-time so that changes in an individual’s records can be incorporated.

For instant background checks to become the norm, several technically innovative solutions will need to be implemented. These solutions would enable the installation of registration depots across the country that would contain records such as the name, date and place of birth, social security number, photograph, fingerprints, and driving records of individuals. This information would be fed to a central database that would be accessible from anywhere in the United States. An instant background check would not only help employers but also enable transparent business and help the government in curbing drug running and fraudulent activities.

Stanley Alpin recommends www.backgroundcheckguide.net/2006/03/is_an_instant_b.html for more information on ordering an instant background check.

Poverty means lack of food, shelter, clothing and opportunities for work and education. It is the lack of supply for the needs of the community. Poverty has grown abruptly and we are left clinging in the hands of time waiting to be fed and nourished. It is doing and having what you wanted to do but doing nothing at all for the reason you remain incapable.

In a different perception, poverty is a result for having a poor management. In order to have a good government, it should be run by good public officials. If they perform their tasks defectively, our resources are affected, the poor becomes poorer and our economy declines. Since poverty is on the mount, we need to have a good government to heal all the economic deficiencies and political operations. If we lack resources, investing would be impossible.

Poverty in countries is being measured by the amount or value of the goods and resources they produce. So, the lesser resources and productions we have, the lesser opportunity is at stake for us. The lesser chances, the more probability we will sink in debt.

With poverty on the rush, how do we set alternatives to increase our livelihood? How do we invest and compete in a global world? How do provide ourselves with good valuable resources? We start by improving and enhancing our skills in order to bring forth more income to our families at the same time uplifting our nation’s economy. That is, focusing in the rural communities. Watching and maintaining our natural resources would bring investments and exports which makes way to manpower or employment in rural communities. Rural places are mainly our source of natural resources such as fisheries and vegetation so these must be taken good care of.

The government should get rid of those political people who are after ranks, money and fame. Corruption eats the country’s investments. The poor are to be given much attention because no matter how high investments the rich may obtain, the percentage of the unemployed is a mere affecting factor. While the poor strives hard to impart their service and strength, they generously corrupt and spend the blood and perspiration for luxury. Instead of having our resources acquired by the poor, they continue to exploit the money for their own personal pleasures.

It is important that we give the poor equal rights. Being poor or being born poor is not a sin. They are not bound for discriminations or grievances because they have the right to being protected from corruption. If possible, to lessen their burden of paying taxes because they are unable to benefit from it if there are. Appointing political positions to families and friends should be prevented because it is the root of corruption. They are neglected the chance to be acquainted to forums and programs of the government for what appear to be unfair.

Eventually, the poor will play a pertinent role to the success of our community because they know ho to strive and persevere and value work and money. If we want to overcome the effect of poverty, equal rights should be practiced and not set the standard of living as the basis of comparing life status.

About The Author

Karen Nodalo

For comments and inquiries about the article visit http://www.personalinjurydefenders.com

karen@rushprintingservices.com

There is a new concept in the legal industry called unbundled services. It is largely unknown by lawyers. But it has appeared in the attorney-ethical rules of many states. Most consumers have never heard of it. Most lawyers still have no idea of what it means. But the influence of this concept may change the future of legal services.

To understand the concept of unbundled services, one must have an understanding of the traditional ways attorneys handle representation. For most of history an attorney began representation at the beginning of a case. Representation didn’t end until the end of the case. People needing legal services had two choices: either pay an attorney a fee for the entire case, or go it alone. There was no in-between. It was almost unthinkable for an attorney to provide help filling out one form or attending one hearing. It was all or nothing. There was nothing wrong with this system for those with the substantial assets needed to pay an attorney. But people that did not have much money were out of luck.

Many local state bar associations recognized this problem. The issue was recently studied by the American Bar Association. A new concept was borne out of these studies – unbundled services. The basic premise was that some legal advice was better than no legal advice. Unbundled services recognized the reality of many consumers – that attorney fees exceeded the financial capability of many. Unbundled services solved this problem. This concept makes it acceptable for an attorney to represent a client for one small part of their case – without violating ethical rules. Many states have started to adopt rules recognizing the existence of unbundled services.

The most promising application is for family law services such as divorce, child custody, support, and property distribution. The reason: more people attempt to handle their own family law cases than any other area of law. And the courts are increasing frustrated and bogged down with self-represented divorce parties. The need for flexibility and creativity in legal service is the most evident in family law cases.

Unfortunately, attorneys have been slow to offer unbundled services. They are either not aware of this new trend or have declined to change their service offerings. The result: over three quarters of family law cases involve people that have not hired an attorney. There are strong advantages for attorneys that offer unbundled services: a larger potential customer base, less collection problems, and the satisfaction of helping lower income clients.

If you cannot afford an attorney, consider searching for an attorney that will offer different services on an “a la cart” basis. This can include preparing the initial divorce documents, attending one hearing, or participating in mediation. Do it yourselfers can also enlist the help of an attorney to prep for their final hearing. The era of unbundled services has arrived and will ultimately empower the consumer and increase access to the court system.

Copyright 2006 The Divorce Center P.A.

Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 1-888-469-3486. More information on divorce can be found at Tampa Divorce Attorney

An example of unbundled services can be found at Tampa Divorce Fees

The “rule against perpetuities” is often described as one of the most complicated legal rules ever!

It’s origin stems from the days of feudal England - some say as early as 1680 - when landowners often tried to control the use and disposition of property beyond the grave - a concept often referred to as control by the “dead hand.”

The rule against perpetuities was intended to prevent people from tying up property - both real and personal - for generation after generation. In feudal England, the practice was to put land in trust in perpetuity, with succeeding generations living off the land without actually owning it. The catalyst for this practice was the avoidance of certain taxes which were being levied upon the transfer of land upon the death of the owner. Perpetual trusts avoided the tax, but many people argue that the practice had the deleterious effect of concentrating large amounts of wealth among a few members of society.

The rule against perpetuities, then, was designed to insure that some person would actually own the land within a reasonable period of time after the death of the transferor. To accomplish that result, the rule stated that no interest in property would be valid unless it could be shown that the interest would vest, if at all, no later than 21 years after some life in being at the creation of the interest.

Although the rule appears to be straightforward, it has become one of the most complicated legal rules for this reason: the rule requires, with absolute certainty, that an interest in property will vest no later than 21 years after some life in being at the creation of the interest. If there is any possibility that the interest will not vest during that period, then the gift fails ab initio, i.e. from the time the document creating the interest takes effect. For wills, it is the time of the Testator’s death. For trusts, it is the time the transaction is complete.

Let’s consider a few examples illustrating the application of this rule:

1. John’s will provides that Land A is to be given to the first child of Joseph to reach the age of 21. If Joseph is to have any children at all, they certainly will reach the age of 21 within 21 years after Joseph’s death. Therefore, the gift does not violate the rule against perpetuities.

2. John’s will provides that Land A is to be given to the first child of Joseph to marry. The gift is void under the rule against perpetuities because (a) it is possible that Joseph will have children during his lifetime and (b) if he does, there is no certainty that any of them will marry within 21 years after Joseph’s death.

3. John’s living trust states that, upon his death, his friend Mary has the right to live in his house for her life, then the house is given to Mary’s oldest child. The measuring period is Mary’s life, plus 21 years. Since the gift to Mary’s oldest child will vest, if at all, immediately upon Mary’s death, the gift does not violate the rule against perpetuities.

4. John’s living trust states that, upon his death, his cottage in Vermont will go to the first member of his boy scout troop to earn the eagle rank. The gift is void under the rule against perpetuities because it is possible that no one will earn the eagle rank from his boy scout troop during the lives in being at the time of John’s death, plus 21 years. For one thing, the troop may cease to exist before anyone reaches that rank.

The complexity of the rule against perpetuities is further evidenced by the problem of the unborn widow. Suppose that John, from our examples above, wants to give his property to his son, Joseph, and Joseph’s wife, and then to their children.

The provision in John’s trust or will would look something like this:

To Joseph for life, then to his wife for life, then to Joseph’s children.
This is a reasonable gift upon John’s death, yet it violates the rule against perpetuities.

Let’s suppose that Joseph was married, but had no children, at the time of John’s death. This would mean that Joseph and his wife are Lives in Being. If Joseph’s wife were to die or if Joseph and his wife divorced and if Joseph remarried to someone who was born after John’s death, then Joseph’s new wife could not be a life in being. As such, she could outlive Joseph by more than 21 years and so the transfer to Joseph’s children after the death of Joseph’s wife would be outside the measuring period, thereby violating the rule against perpetuities.

Now suppose that Joseph was not married at the time of John’s death and that Joseph got married afterward. Again, Joseph’s wife would not be a life in being for purposes of applying the rule - and, it’s possible that she could outlive Joseph by more than 21 years, thereby preventing Joseph’s children from vesting in the property within the measuring period.

If you think that the rule against perpetuities is something that does not apply to you, think again. If you have a will or a trust that provides for a contingent beneficiary in the event something happens to the primary beneficiary, the rule against perpetuities comes into play. For this reason, if you have a will or a trust, it probably has a clause addressing this rule. Most are simply entitled, “Rule against Perpetuities.”

In the last few years, many states have moved to either modify the rule or abolish it all together. Part of the reason, of course, is owing to the complexity of the rule itself. But, there is also a growing trend in the country to remove any barriers to the accumulation and perpetuation of wealth, which the rule against perpetuities has been steadfast against for over three hundred years.

With several states abolishing the rule against perpetuities altogether, we now see the rise of estate planning vehicles designed specifically to perpetuate wealth from generation to generation. We’ll take a look at one of the more popular of those vehicles next time.

Next time: the “dynasty trust.”

Attorney Michael Pancheri is a practicing attorney and the founder and CEO of the Living Trust Network. You may contact him by email at info@livingtrustnetwork.com.

You may also contact him at the Living Trust Network’s web site. Its URL is http://www.livingtrustnetwork.com

Copyright 2005. The Living Trust Network, LLC.

The purpose behind Chapter 13 Bankruptcy filing is rehabilitation of the debtor. Meaning you are given the opportunity to repay some or all of your debts.but under generally better terms (lower or no interest). Rather than having to liquidate assets to pay off debts, this process is designed to allow the debtor to use future income to pay off creditors. Chapter 13 Bankruptcy is basically an adjustment or reduction of debts for a debtor with regular income.

The United States Bankruptcy Code provides the debtor an opportunity to pay back their creditors over a period of time of up to five years. This process is completely supervised by the court. Your attorney will ensure that your interests will be protected.

Chapter 13 Bankruptcy allows the debtor to keep all of their property. However, an interest-free plan for repayment must be developed and approved by the court. The debtor begins to make payments within thirty to forty five days after the case has begun. Unlike Chapter 7 Bankruptcy, the payments are made to the trustee who will then pay the appropriate creditors. Chapter 13 Bankruptcy prevents creditors from collecting from the debtor. The creditors are required by law to follow strictly the terms of the repayment plan. Your attorney will prepare this payment plan.

After the repayment plan is filed the debtor’s creditors will have an opportunity to object to the proposed plan. This process is called a confirmation hearing which is heard before a judge. The attorney will appear before the judge on behalf of the debtor. The judge will confirm the plan if the debtor is current with their payments and if the trustee and any creditor problems are resolved. After the plan is confirmed, if the debtor simply makes all the required monthly payments, then they will receive their discharge.

This whole process is very complicated and recommended the debtor has the advice of a good attorney.

In order to file Chapter 13 the debtor must be able to pay monthly living expenses and pay the trustee to consolidate the debt. In order to make these payments the debtor must have a consistent source of income or at least reasonable prospects of future income. Just like in a Chapter 7 Bankruptcy, the individual must live, reside, be domicile, or have a place of business in the United States. Additional, the debtor must have a regular source of income and the amount of their debt may not exceed a certain amount.

What does it mean to have a regular source of income? According to the Bankruptcy Code, “any individual whose income is sufficiently stable and regular to enable such individual to make payments under a plan under Chapter 13 Bankruptcy.” is considered to have a regular source of income.

Although the limits of debt will not apply to most citizens, (the limits are extremely high), it is noteworthy to know the figures. The amounts of debt are different every year. The amount is based on and subject to the inflation adjustment provided in the Bankruptcy Code. Consulting an attorney is the best way to know if you are eligible for Chapter 13 bankruptcy.

If you meet all of the requirements listed above and you are tired of the daily harassment from creditors Chapter 13 may be the answer.

Original content from http://www.bankruptcyhome.com
You can email us here

When people think of Florida, they think of the Sunshine State
and their top agriculture product - oranges. However, it is the
lemon law Florida enforces that makes vehicle owners see yellow.
Lemon law attorneys are almost as abundant as the orange crop in
Florida, so just remember them when you decide to seek any legal
counsel. However, you can research your basic car lemon law just
by browsing the internet or reading below for the highlights on
your rights as a consumer when it comes to owning a car lemon.

The late 1980’s saw a new lemon law that holds car makers
accountable, by particular situations of course, for refunding
the purchaser’s money or exchanging the problem vehicle with a
new, comparable model. This law does not cover a used car lemon
nor does it provide coverage for ATV vehicles, motorcycles, dirt
bikes, motorized scooters or large trucks with a weight of over
10,000 pounds.

This lemon law Florida has also only covers new vehicles, either
bought or leased in the state. There are very few exceptions.
Defective operation or a major flaw in the car has to be present
which would impede the safe use of the vehicle. You have heard
that beauty is in the eye of the beholder? Well, the same goes
when judging whether or not your vehicle has a legitimate
defect.

The owner of the car has to have had wasted a lot of time taking
the vehicle into the dealership or certified service provider,
losing family time and possibly loss of wages due to missed
work. Ok, so the lemon laws do not exactly say that, but that is
the reality of it right? Technically, you had to have taken the
vehicle in at least three occasions for identical problems or
have had the car out of commission for fifteen straight days due
to the flaw or defect.

Here is where it starts getting irritating. After all this time
and aggravation of taking your vehicle in without the problems
being fixed, THEN you have to fill out a form from the lemon law
Florida handbook. You can state your grievances on there and
describe your vehicle problems. The next step is mailing it
straight to the manufacturer via certified or receipt mail and
waiting for a response. (All this hassle almost makes you want
to make lemonade with that car lemon, doesn’t it?)

The manufacturer has ten days to pony up a response to your
grievance. If you do not hear from them, then their rights are
waived. Usually though, you will hear back from the manufacturer
where they will direct you to yet another authorized service
provider for another inspection of the alleged car lemon. Sounds
like a lot of fun!

If you get disgusted with the entire process, do a search on the
internet or ask around for some reputable lemon law lawyers that
can fight the battle for you. Just be sure to keep track of all
your repair receipts, any rental car fees due to your vehicle
being out of commission and any other warranty work.
Documentation is important to following any car lemon law. Good
luck in your quest. Let’s hope that you will soon start seeing
green, the color of money instead of car lemon yellow!

WHAT DOES A WILL DO?

The simplest way to ensure that your funds, property and personal effects will be distributed after your death according to your wishes is to prepare a will. A will is a legal document designating the transfer of your property and assets after you die. Usually, wills can be written by any person over the age of 18 who is mentally capable, commonly stated as “being of sound mind and body.”

WHO NEEDS A WILL?

Although wills are simple to create, about half of all Americans die without one (or Intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to the laws of your state. Wills are not just for the rich; the amount of property you have is irrelevant. A will ensures that what assets you do have will be given to family members or other beneficiaries you designate. If you have no apparent heirs and die without a will, it’s even possible the state may claim your estate.

Having a will is especially important if you have young children because it gives you the opportunity to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children who may be someone you do not even know.

WHAT ARE THE ELEMENTS OF A WILL?

What you generally need to make a will:

1) Your name and place of residence;

2) Names and addresses of spouse, children and other beneficiaries, such as charities or friends;

3) Alternate beneficiaries, in the event a beneficiary dies before you do;

4) Name and address of an Executor/ Executrix to manage your estate;

5) Name and address of an alternative Executor/Executrix, in the event your first choice is unable or unwilling to act;

6) Name and address of a guardian for your minor children;

7) Name and address of an alternative guardian, in the event your first choice is unable or unwilling to act;

The age you wish your minor children to have control of their inheritance;

9) Any burial requests you may have (cremation, where you want to be buried, etc.);

10) Your signature;

11) Two Witnesses’ signatures; and

12) Notarization.

Two of the most important items included in your will are naming a guardian for minor children and naming an Executor/ Executrix.

WHAT IS A GUARDIAN?

In most cases, a surviving parent assumes the role of sole guardian. However, it’s important to name a guardian for minor children in your will in case neither you nor your spouse is able and willing to act. The guardian you choose should be over 18 and willing to assume the responsibility. Talk to the person ahead of time about what you are asking. You can name a couple as co-guardians, but that may not be advisable. It’s always possible the guardians may choose to go their separate ways at some later date, and, if so, a custody battle could ensue. If you do not name a guardian to care for your children, a judge will appoint one, and it may not be someone you would have chosen.

WHAT IS A EXECUTOR/EXECUTRIX AND WHAT DO THEY DO?

An Executor/Executrix is the person who oversees the distribution of your assets in accordance with your will. Most people choose their spouse, an adult child, a relative, or a friend to fulfill this duty.

If no Executor/Executrix is named in a will, a Probate Judge will appoint one. Probate refers to the legal procedure for the orderly distribution of property in a person’s estate. The Executor/Executrix files the will in probate court, where a Judge decides if the will is valid. If it is found to be valid, assets are distributed according to the will. If the will is found to be invalid, assets are distributed in accordance with state laws.

Responsibilities usually undertaken by an Executor/Executrix include:

–Paying valid creditors;

–Paying taxes;

–Notifying Social Security and other agencies and companies of your death;

–Canceling credit cards, magazine subscriptions, etc.; and

–Distributing assets according to the will.

WHAT ABOUT UPDATING MY WILL?

You’ll probably need to update your will several times during the course of your life. For example, a change in marital status, the birth of a child or a move to a new state should all prompt a review of your will. You can update your will by amending it by way of a Codicil or by drawing up a new one. Generally, people choose to issue a new will that supersedes the old document. Be sure to destroy the old will after you sign a new one.

WHAT ABOUT ESTATE TAXES?

The property included in your will may be subject to taxation. In planning your will, take into account the following:

—Federal estate taxes will generally be due if the net taxable estate is worth more than $1,000,000. This amount is scheduled to gradually increase from $1,000,000 in 2002/2003 to $3,500,000 in 2009 so that it will eventually shield $3,500,000 in gift or estate transfers from tax per taxpayer. Estates in excess of the exempt amount can be taxed at a rate from 37% to 50% (the top percentage is scheduled to gradually decrease to 45% in 2009). Also, note that these estate tax changes are scheduled to be repealed in 2010. If not extended, the tax law will revert to the estate and gift tax provisions in affect in 2001. Consult a tax or financial professional to determine a plan that is right for you and your family.

—State death or inheritance taxes

—Federal income taxes

—State income taxes

You may be able to minimize your estate tax by establishing a trust or giving gifts during your lifetime. You can also cover the cost of estate taxes by purchasing a life insurance policy intended to pay taxes. Talk to your life insurance agent to find out more about how this works.

WHERE SHOULD I KEEP MY WILL?

Once your will is written, store it in a safe place that is accessible to others after your death. I suggest that you keep it in a fire proof box that you can purchase at any office supply store. I do not suggest that you keep your will in a safe deposit box because many states will seal your safe deposit box upon your death. Make sure a close friend or relative knows where to find your will.

WHAT IS A LIVING WILL?

A living will is not a part of your will. It is a separate document that lets your family members know what type of care you do or don’t want to receive should you become terminally ill or permanently unconscious. It becomes effective only when you cannot express your wishes yourself. Discuss your wishes as reflected in your living will with family members, and be sure all your doctors have a signed copy.

WHAT IS A POWER OF ATTORNEY FOR HEALTH CARE (HEALTH CARE PROXY)?

A power of attorney for health care (health care proxy) is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your medical intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your doctors have a signed copy.

WHAT IS A FINANCIAL DURABLE POWER OF ATTORNEY?

A financial durable power of attorney is not a part of your will. It is a separate document that authorizes someone you name to act in accordance with your financial intentions. It becomes effective only when you cannot express your wishes yourself. You should make sure that all your financial professionals (stockbrokers, accountants, financial planners) and banks have a signed copy.

PLAN AHEAD

The end of your life is something you probably don’t want to dwell on, but thinking about what will happen to your loved ones and your assets and personal possessions is important. Making sure you’ve done all you can to make their lives easier will give you peace of mind. And once your will is drafted, you won’t have to think about it again unless something significant in your life changes.

About The Author

Sheri R. Abrams is an Attorney in Fairfax, VA. Her practice is limited to the areas of Social Security Disability Law and the preparation of wills, living wills, health and financial powers of attorney. Ms. Abrams is a graduate of Boston University’s School of Management and the George Washington University School of Law. Ms. Abrams is rated “AV” by Martindale-Hubbell. More information can be found at http://www.sheriabrams.com

sheri@sheriabrams.com

Oftentimes, you may have a need to set up a ‘joint venture’ with a third party. These collaborative businesses can be extremely profitable for all parties involved, but you must ensure on the way in to such an agreement that you have done your due diligence, and that everyone understands exactly what the terms and conditions of the venture are.

For this reason, we here at www.lawyersbench.com have put together a quick 15 point checklist that will help you determine that you have all the bases covered. This is more important than you may think - after all, mid venture is NOT the time to be arguing about basic terms and conditions!

1. Identity. Confirm in writing exactly who is involved in the joint venture.

2. NDA. Do you need a Non Disclosure Agreement to be signed? (typically if one party has a great idea, and the other will be involved with manufacture or promotion).

3. What are the responsibilities of each party? List in writing what each of you will bring to the ‘party’.

4. Is the enterprise global, or limited in geographical scope?

5. Are there any legal considerations related to setting up the business (are licenses required from the Government etc)

6. Structure of the joint venture. Is it a partnership or a Company, or simply a JV contract between 2 parties? If it is a company, who sits on the board and how are they appointed? What classes of shares are in circulation, and under what conditions? How are minority shareholders protected?

7. Financing. Who supplies the capital for the venture? Is it split in some way between the Joint Venture parties or does it come from an outside source, such as a Bank or venture capital firm? Is the investment in cash or goods or services?

8. If a Company structure is to be used, what exit provisions are needed? For example, if one side wanted to sell their shares, what conditions apply? Will the other party have first refusal to buy? Can they also demand to be bought out at the same time? How is a shareholding to be valued? Will new incoming shareholders have the same rights and responsibilities as the existing shareholders? Is there a right of veto?

9. Non competition. Will the parties to the venture be prohibited from competing directly with the new business? Is it restricted territorially?

10. Sharing of information. What rights do the partners have to know about the internal workings of the venture? Are regular management accounts to be provided? For example, would www.lawyersbench.com have rights to a product developed by a JV partner, even if we had no direct involvement in the day-to-day running of the venture? What about independent auditing?

11. Profit sharing. How are profits to be distributed? When? Under what conditions? Can one party force a distribution of profits?

12. IPR. What Intellectual Property Rights will the new venture acquire? DO they revert to any particular party if the venture is dissolved? Who owns new IPR developed by the venture?

13. Employees. How many employees will be needed, and how will they be organized? Will there be share options, or other incentives? Transferring employees from one business to another will almost certainly involve you in taking legal advice on the process and the related employee rights. At www.lawyersbench.com we would always have relevant ‘key-man’ insurance policies in place for special employees.

14. Administration. Map out who manages the venture, who the bankers will be, who will audit the business and who is responsible for regulatory compliance?

15. Exit. Does the venture have a defined life-span, or is it open-ended? What circumstances can force it to end prematurely? If this happens, how are the assets to be distributed (including cash and IPR). If there are liabilities, not assets, who do they devolve onto?

If you answer all these points adequately, you should be well on the way to a sensible well structured joint venture. As always, take legal advice before committing to any legal arrangement.

About the Author

Jeff writes article on the day’s legal issues for the public, and often contributes to website www.lawyersbench.com the free site for useful legal advice and tips.

Legislation

The Indian law of patents is enshrined in the Patents Act, 1970. The Act seeks to provide for legal protection for inventions. The rights granted under the Act, are operative in the whole of india.

What is a Patent

A Patent is an exclusive monopoly granted by the Government to an inventor over his invention for a limited period of time. It provides an enforceable legal right to prevent others from exploiting an invention. Invention as defined under the Act to mean a new product or process involving an inventive step and capable of industrial application.

Rights conferred by registration

Patents represents one of the powerful intellectual property right. The registration of a patent confers on the patentee the exclusive right to use, manufacture or sell his invention for the term of the patent. It means that the invention cannot be commercially made, used, distributed or sold without the patentee’s consent. The patent rights can usually be enforced in a court of law.

Who Can Apply For A Patent

An inventor or any other person/company assigned by the inventor can apply and obtain the patent over the invention. A patent is obtained by the inventor or his assignee by filing an application with the appropriate office of the patent office in stipulated forms and fees as required by the Act.

Patent Search

It is prudent to conduct searches as early as possible to avoid spending time and money re-inventing a known matter. A patent is not granted to an invention if it is already available with the public either in the form of published literature or common knowledge.

Patentable Inventions

To be patentable, an invention must, in general, satisfy certain criteria. The invention must be of industrial applicability, must be new and must show an inventive step which could not be deduced by a person reasonably skilled in the field. Above all, its subject matter must be accepted as “patentable” under law. As for example, Inventions which are frivolous or claim anything contrary to well established natural laws are not patentable. There are also other specific categories of inventions which are declared as non-patentable.

Patent Specification

The process of patenting typically involves conducting prior art searches to distinguish the invention and develop a description that illustrates the best method of working the invention. The description of the invention is called specification. Depending upon the sufficiency of the descrption a specification may be either provisional and complete Specification.

Provisional and Complete Specification

A provisional specification is often the first application filed in respect of an invention, and usually contains only a brief description of the invention. It need not contain claims. Compared with the provisional, the complete specification contains the full description of the invention, and the best method of making the invention work. The complete specification comprises a title, field of invention, the background of the invention, the description of the related art, drawbacks of the prior art, the summary of the invention, the brief description of the figures, the detailed description of the preferred embodiments, claims and abstract. Complete specification must be filed within 12 months from the date of filing of the provisional specification.

Claims are the most important component in the patent specification as it is the legal operative part which define and determine the legal protection sought for. The extent of patent protection for an invention shall be determined by the terms of the claims. The description and the appended drawings may be used to interpret the claims.

Filing and Prosecuting Patent Applications

The procedure for the grant of a patent starts with filing of the patent application along with the presribed fees at the appropriate office* of the patent office followed by filing of request for examination in the prescribed format (present time limit within 36 months), after the publication of the application. Presently, application for patent is not open to open to public for 18 months from the date of filing or date of priority, though the applicant can request for early publication. The applications are examined substantively and a first examination report stating the objections is communicated to the applicant. Application may be amended in order to meet the objections. Normally all the objections must be met within 12 months from the date of first examination report. If the applicant does not comply with the objection, the application will be abandoned. Upon complying the requirements the application is published in the Official Journal. At that time, opposition can be filed on limited grounds, but hearing is not mandatory. Patent will be granted if the application is found to be in order. Then, the application and other related documents will be open for public inspection. Thereafter, at any time after the grant but before the expiry of a period of one year from the date of publication opposition on substantive grounds is available. The whole process typically takes at least two years.

Duration of a Patent

The term for patents is 20 years from the date of filing of the application for the patent. It is the responsibility of the patentee to maintain an issued patent by paying the annuities until the patent expires. After 20 years term the invention claimed in the patent falls into the public domain.

Restoration

Restoration of a patent that lapses due to non-payment of renewal fees can be made within one year of lapse. However, certain limitations will be imposed on the rights of the patentee when the patent is restored.

Remedies For Infringement

It is the sole responsibility of the patentee to see that his patent is not being infringed. It is the patentee’s duty to file a suit of infringement against the infringer. The reliefs which may be usually awarded in such a suit are –

i. Injunctons whether interim or final.
ii. Damages or account of profits.

International Patent Protection

There is no international or world patent. An inventor has to file an application in each country, where he seeks to protect his invention. However, there are regional and/or International treaties to facilitate the procedure to seek protection like Patent co-operation Treaty (PCT) or European Patent Convention (EPC).

P.M. George Kutty, Attorney at Law of http://www.pmgip.com

A new law going into effect 9/1/2005 will likely increase the call for for defensive driving online classes as well as onsite classes and defensive driving video rentings & will grow the number of road screenings dispensed by the State of Texas DPS.

Commencing Sept. 1 2005, a drivers safety course will be expected for every automobile operators under age 25 that receive a ticket for a moving violation such as speeding if they want to keep it off their record. This isn’t new in that many cities and county already have this requirement. However, many judges in these counties dismiss the class requirement typically in exchange for provisional period in which, if the driver stays clean of any additional Tickets, the original ticket is ignored. More often than not this agreement typically also requires a fee to the municipality in addition to the probationary period.

Authored by Dallas Republican John Carona and introduced as Senate Bill 1005,
this new law is even severer for those under eighteen. Automobile operators through the age of Seventeen will be demanded to take a road line 2 text with the Texas DPS in addition to the fine & probation if they want to keep their records clean.

Those with a lot of personal experience with undergoing violations will not be happy with this law as it shuts a loophole. Ahead of this law judges were allowed to excuse operators under the age of 25 who received a traffic ticket from a Online Defensive Driving. Some lawmakers were worried about teens, especially those who were taught to drive by their parents versus state endorsed instructors. To handle this concern, they amended the road line 1 text requirement for those under eighteen.

Prior to Sept. 1 2005, there were two segments that pertain to deferred adjudication of misdemeanours. This merely means that if a driver pleaded “no contest” to the traffic sections and then did not break any more traffic laws for a period of time set by the court, the ticket would be erased from the driver’s criminal record. One section of the law specifically treats traffic addresses indicating that a traffic lawbreaker must take an online defensive driving course or attend an guide defensive driving school or class in order to have a fine removed from their record. Misdemeanors are covered in the other section of law allowing judges to define the standard to be reached for “deferred adjudication”. Deferred adjudication means: the driver is placed on probation for a length of time & if driver stays ticket free during this period, the original traffic ticket is erased from their record. Deferred adjudication, in addition to the probationary period, usually incurs a fine to the district in which the fine occurred. In many jurisdictions, this second section of the lay has allowed fine to simply fine drivers as long as they didn’t get additional citation for some period of time of time like 6 months.

For automobile operators under the age of twenty-five, Texas law SB 1005 eliminates that flexibility & in fact requires those who receive traffic citations & are under 25 to a take defensive driving online or in classroom setting.

The Texas DPS indicated that an figured 21,000 teens will take the road test each year. All state driver’s license offices are gearing up to have officers available to conduct more of these tests. DPS spokeswoman Tela Mange said that these offices already conduct road screenings now however as this road test has not been required to obtain a driver’s license for more than decade, most teens don’t take it so more officers will need to be available at each DPS faciltiy. Those that do are usually at the request of their parents. Fortunately for the usually cash strapped young motor vehicle operators, the road trial will only tack on another $10 to their already costly traffic citation experience.

This new law will likely grow the demand for defensive driving online classes in addition to onsite classes and defensive driving video rentals.

About the Author

Cindy Cashman operates Official Defensive Driving where traffic tickets can be eliminated through a defensive driving online course. Go to http://www.OfficialDefensiveDriving.com to Save the time, money and hassle of attending classroom based defensive driving classes.