Intellectual Property Rights - What's Mine Is Mine

By Justin Lum 2

It’s been stated that “good artists borrow and great artists steal”. Whether or not that’s true is irrelevant but what is relevant is that if you’ve invented or created something, it’s yours. Even if others disagree, you’re protected under the legal statutes of intellectual property rights. However, creative ideas, no matter how original, are intangible and proving that something was yours first can become murky and difficult to prove. In some instances it becomes necessary to hire an attorney to ensure that you and your creation are properly safeguarded against potential thieves. Especially if your idea has the possibility of generating capital, certain legal defenses need to be in place to assure you, the inventor, that what you’ve created is yours and not to be copied, identically designed, or otherwise stolen all together.

There are two types of intellectual property rights, copyright and industrial, that defend against different aspects of intellectual property. Copyright law states that anything artistic in nature, such as literary or musical works, are protected against duplication. Industrial property, which consists of distinctive things like trademarks and symbols, are similarly secured. No one can copy the logo or symbol of a corporation without being held accountable for infringement, nor can anyone pass off a hit song as their own. Intellectual property rights protect both individuals and companies as a whole.

With the rapid rate of technological expansion, copyright and industrial infringements are becoming evermore prevalent and it’s more important to know your rights as a creator. These laws are in place to ensure the growth and expansion of our arts communities and to protect those who participate. To guarantee the fullest and most thorough protection available it may become necessary to hire an attorney. After all, no one knows the law better than a lawyer and to make sure that you’re getting the maximum level of defense our legal system can offer, hiring a lawyer is the safest bet.

It’s not difficult to steal ideas and if your idea is bankable or otherwise important to you then you may need the aid of a lawyer to confirm that your property is protected under the law. The likelihood is that what you’ve created is important to you, and possibly profitable to others. If it’s important enough to protect legally from potential thieves then hiring a lawyer is a concrete way to create peace of mind. Never has the phrase “a mind is a terrible thing to waste” had more meaning and relevance than when discussing intellectual property.http://www.lusmile.com

 

This article was written by Roger Brent Hatcher, an attorney at Smith, Gilliam, Williams & Miles, a leading Atlanta Law Firm since 1928.

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常言道:好艺术家借鉴，伟大的艺术家剽窃。这句话是真是假与我们无关，但如果我们发明，或着创造一件完全属于自己的东西的时候就与我们有关了。即使别人不同意，但你还是被知识产权法保护。然而，无论多么原始的创意都是无形的资产。但要证明那些创意是你首先提出来的也非常困难。在某些情况下你需要雇一位律师来确保你和你的创意能合适地被保护，并对抗潜在的剽窃。尤其是如果你的创造可能会转变为资本，必然要适当的法律保护来确保你是发明者：那属于我，不可复制，不可模仿，不可剽窃！

知识产权有两种类型：著作权和商业权，分别用于保护知识产权的两个不同方面。本质上著作权是指艺术类作品，例如文学和音乐作品，是受保护不可被复制的。商业资产是由类似商标和标志可区分的事物组成，商业资产也一样受到保护。没有人能在没有授权的情况下复制一个企业的标志或商标。当然任何人也不应该忽视自己创造的流行歌曲。总地来说，知识产权同时保护个人和企业。

随着科学技术的急剧发展。侵权行为也比以往更普遍，创作者了解自己的权益也愈发重要。那些法律可以适当地确保我们作品累积和保护那些参与者。为了确保最完整和最彻底的有效保护，这可能就需要雇一位专业律师。毕竟，没人会比律师更懂法律，也能得到法律系统提供的最大化防护，所以雇一位律师是最安全的投入。

要剽窃一个创意并不难，如果你的创意可能产生经济效益，否者你可能需要律师的帮助，来确保你的资产受法律保护是很重要的。可能你创造的东西与你而言很重要，但也可能对其他人来说也有利可图。足够的法律保护避免潜在的剽窃，而雇一位律师正是一个让你后顾无忧的具体方式。当说到智力财富的时候，不再让谚语“浪费心智是一件可怕的事”跟自己有更多关系。

 

 

    *本文由罗杰*布伦特*哈切撰写，他供职于创建于1928年的斯密斯*吉利姆*威廉姆斯&米勒律师事务所
Happy Immigrant

By Justin Lum 0

Immigration procedures are long and complicated, and they usually take a lot of time to complete. Even after you’ve completed the form filling, the time you have to wait for approval is an exceptionally long one. In some cases, the approval may take a few months or even several years. At other times, people have their immigration application rejected because they haven’t completed the procedures properly or because their immigration application was lacked something.

Another complicated aspect about immigration is that the immigration laws are constantly reviewed an updated on a regular basis. These laws change frequently depending on the political state of the country, and the country’s stance on immigration. Without knowing about these law updates, it’s very risky to apply for immigration on your own. You might end up in a mess if you haven’t read the latest immigration laws of the country and that might result in deportation or legal action against you as well.

In such cases, it’s necessary for people to hire an immigration law attorney for themselves. These immigration law attorneys are well-versed with the immigration laws of your country and they know all about the immigration application procedure. These immigration attorneys dedicate ample of time to help you get your immigration approval and are a good source of guidance when it comes  filling out the immigration application.

Some people might also need to provide referrals for the immigration application. Individuals who have something lacking in their application might need to do so. Even in such special cases, the immigration law attorney can help you by providing you with the references you need for the application. These attorneys will also be able to refer you to some prep courses that you will need to take in order to pass the citizenship test you’ll have to sit for, once you’ve handed in your immigration application.

When you have an immigration law attorney involved with your immigration application procedure, and your application is rejected, the attorney will be able to appeal against the rejection. The lawyer can complete all the paperwork promptly and you’re even safe from the risk of being deported immediately. The lawyer will try to do everything he/she can to ensure that the decision is entirely in your favor and the court verdict is positive for you.

When filing for an appeal against a denied application, people might have to present themselves in front of immigration authorities. The immigration law attorney will be able to guide you about how you need to present yourself, while focusing on representing you to the authorities as well. The lawyer will be able to keep you updated about the progress of your appeal and will inform you about any hearings that you will have to attend.

These are just some of the general reasons why one might need to hire an immigration law attorney for themselves. Everyone has different reasons for hiring an attorney to represent them, but the bottom line is that an attorney’s assistance in immigration applications can save you from a lot of trouble and might even speed up the approval process for you.

 

移民流程不但漫长，而且复杂，通长要花很多时间才能完成。甚至在填写完文件之后，等待审核的时间也相当漫长。在某些情况下，审核可能要花上数月甚至数年。其它时候，有些人的移民申请被拒绝是因为没有正确完成移民手续，或着因为缺失一些文件。

另一个复杂的事情就是与移民相关的法律经常更新，和对更新后的法律解读。这些法律会根据国家的 政治形势和国家移民立场经常改变。如果不知道法律已经更新，自己去申请移民是一件风险的事情。如果没有了解国家最新的移民法，可能最后你会感觉一团遭，还会导致被驱逐出境或着引起不必要的法律麻烦。

在这种情况下就需要雇一位移民律师。这些移民律师对你国家的移民法非常精通，他们了解所有关于移民申请的步骤。而且他们愿意奉献大量时间来帮助您的移民申请能过获得通过，在填写移民申请的表单时也能给予好的指导。

有部分人的移民申请可能需要提供一些参考资料。他们缺少了一些申请可能会需要的东西。甚至在特别的情况下，移民律师能助你提供移民申请会用到的参考资料。一旦移民申请被接受了，律师也会给您推荐一些准备课程，帮助通过公民入籍考试。

当有移民律师参与到你的移民申请过程中来，就算申请被拒绝，律师也有会帮你上诉要求驳回拒绝。律师能书快速帮你完成文书工作，甚至让你立即避免被遣返的风险。他们也会尽最大努力做对你有利的任何事情，让法院做出对你有益的裁决。

当申诉拒绝申请时，当事人可能需要在移民局上出席，移民律师会指导你怎样在法庭上陈述自己的观点;当然，也可以代表你出席。’律师会留意申诉的最新进展，需要出席听证会时也会尽快通知你。

这里只列举了雇一位移民律师的常见理由。每个人雇律师的原因不一样，除了可以在移民申请提供专业法律援助外，也可以帮你省去很多麻烦，甚至提高申请审核速度。

If you’re looking for the services of a a reliable immigration law attorney, you should visit Verdin Law. Verdin Law will be able to provide you with all the information you need in this regard, on their website http://www.verdinlaw.com

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American flag and man

By Justin Lum 0

You may qualify for government benefits, whether it’s low-cost insurance, food stamps, rent-control housing, etc. (check if you qualify here), but what you should be asking yourself is whether you need government assistance.

 

You might be inadmissible…

Every immigrant application asks if you will become a public charge, which means a public burden (someone who relies on public assistance/benefits).  If you select “yes”, you may become inadmissible. This is also why you need a sponsor to adjust status (I-485).

 

But I already have a green card…

If you have already received your green card, it’s important to note that under the Immigration and Nationality Act, Section 237(a)(5) it states:

 “Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.”

This means that even if you have a Permanent Resident Card (green card), you cannot relax and assume that you have the same rights as US citizens.

US Flag and Justice

By Justin Lum 1

A waiver is “legal forgiveness”, which can be requested if you have a condition, a record, or any other reason why you may be considered “inadmissible” or if you’re in the US “unlawfully” (out of status).

If you’re deemed inadmissible, find the I-601 form and information here.

If you’re unlawfully present (illegal), find the I-601A form and information here.

 

To file either form, the key is to provide enough evidence (proof) that you should be allowed to enter/stay in the US. If you’re not sure how present your case to USCIS, or if you’ve filed the form and received a Request For Evidence (RFE), contact Lum Law Group for legal assistance.

Waiting in the Airport Lounge

By Justin Lum 0

If you are out of status and deemed “removable”, you will be placed in “removal proceedings” and scheduled for a “Removal Hearing” with U.S. Immigration court.

You will receive a “Notice to Appear” (NTA) which informs you when and where your hearing will take place.

The government will provide proof as to why you are “removable” (can be deported) and present it to the Executive Office of Immigration Review (“EOIR”) Office of the Immigration Court. This is also where you can defend yourself by proving you are not removable or request “relief” from removal.

The first hearing is a “Master hearing” where everyone will determine how to move forward with your case.

Many aliens will give up at this point and request “Voluntary Departure”, which means you will leave the US of your own accord. Keep in mind that even if you leave voluntarily, you will still be subject to penalties (such as a travel ban).

If you do not wish to leave voluntarily, you can go through the motions and prepare for your next hearing (sometimes a “merits” hearing).

Each case is different and each alien has their own circumstances. If you aren’t sure if you can handle court cases on your own, contact Lum Law Group for legal assistance.

 

Attorney with laptop

By Justin Lum 3

Choosing an attorney is a personal decision.  No one can tell you who you should hire. Having said that, here’s a few factors that people often consider when choosing an attorney.

Fame

You can definitely think of at least one “famous” attorney. Maybe you’ve seen his billboard ad. Perhaps you saw his many ads in the newspaper, on top of a Google search, or on a website you were browsing. A famous attorney may even have given an interview on the radio or purchased television ads on your favorite TV station.

You probably feel very comfortable going to a famous attorney because it feels like you already know him. You’ve seen his face, you’ve seen his office, and you’ve heard his voice. He feels familiar.  However, it’s important to note that you’ve only seen the side of him he wants to show you.

Also, most well-known attorneys have several attorneys and paralegals on payroll, and there is no guarantee that he will personally take your case rather than assign you to someone else.  It could be that you never even see his face.

Finally, a famous attorney receives multiple client leads a day and can pick and choose which cases he takes on. He might choose to take a case because it will pay well. Or a case that is “easy”. Or maybe just because he finds it “exciting”. The bottom line is, he might not take your case.

 

Referrals

You might’ve been referred to this page by a friend, family member, or acquaintance. The attorneys at Lum Law Group have primarily relied on referrals over the years as we choose not to market ourselves. Instead, we service our clients with lower fees and better customer service since we rely on your word-of-mouth for our next business.

 

Special Offers

Many law offices will offer a “free consultation” or a reduced cost consultation in an effort to get clients “in the door”.  Although there are perfectly qualified and honest attorneys who advertise such special offers, many will end up over-promising or over-charging.  Many of our clients initially went for these special offers thinking they could save money, but ended up needing to hire us to “fix” the problems that arose.