Fair trade

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Trademark

A trademark that eligible for registration has to have a distinctive character. There are 4 types of character including generic, descriptive, suggestive, and arbitrary. These 4 terms use to determine the character of trademark that can be register.

The first two categories, generic and descriptive have no distinctive character, but there are some type of descriptive character which it has established the distinctive character through extensive use in the marketplace (it acquires secondary meaning). This kind of character has distinctive character. The other two categories, suggestive and arbitrary have distinctive character. Only the mark with distinctive character can be register under the trademark law, and are protected.

Generic terms are common words or terms, often found in the dictionary, that identify products and services and are not specific to any particular source. Generic term is not possible to register as a trademark for the goods or services.

Example 1.  You can't use the word "CHAIR" as a trademark for -------------------------------------->

References

International Trademark Association (INTA)
http://www.inta.org/index.php?option=com_content&task=view&id=1514

http://www.registeringatrademark.com/protectable-marketable-trademark.shtml

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Duration of Copyright (Is it too long?)

The duration of copyright depend on the nature of the work in question for example:

1.     Literary, dramatic, musical and artistic works = the life of the author plus 70 years.

2.     Sound recording = at least 50 years.

3.     Broadcasts = 50 years

4.     Typographical arrangements of published editions = 25 years

In my opinion, the copyright is created to protect and promote the right of author. It is also a motivation for anyone to create a new work. Thus the copyright supposes to last for a long duration according to the hard work of author. Under 4 categories above, I think it is not too long.

References

David I. Bainbridge, Intellectual Property (8th edn Pitman Publishing, London 2010)
http://www.dreamstime.com/copyright-symbol-cartoons-thumb4750200.jpg

The Importance of a Bill of Lading

A bill of lading is normally identified by its three functions:
1. As a receipt for goods shipped
2. Evidence of the contract of carriage
3. Document of title.

In the case Silver v Ocean Steamship Co Ltd [1930] a cargo of cans of frozen eggs were "shipped in apparent good order and condition for delivery subject to conditions" in London. On arrival at the discharge port, a large number of the cans, containing the eggs were dented or perforated. Some were large gashes, whilst others merely pin hole perforations. The shipowners tried to avoid liability for damage and loss by alleging some of the damage had occurred prior to shipment.

The court held that the shipowners were estopped by the fact that bills of lading had been claused noting the apparent good order and condition of the cargo, from proving that the cans were seriously gashed at the loadport.

In this case, the bill of lading is used as a receipt for goods shipped. It’s even described the condition of the goods (apparent good order and condition). The shipowner cannot blame the shipper prior to the shipment, because the bill of lading is an evidence for good condition of shipment. However, if the shipowner says so, the burden of proof falls upon him.

References
M. Devine, Carriage of Goods by Sea: Contracts of Affreightment Obligation
Rights of Suit in Respect of Carriage of Goods by Sea
Silver v Ocean Steamship Co Ltd [1930]
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Implied Obligations in Contracts of Affrreightment

In the absence of agreements, the terms under here will be implied to the contracts of Affrreightment.

1.Duty to Load the Cargo
The shipper is required to provide the amount and type of cargo specified in the contract. The charterer has the duties of bringing the cargo to the loading place and putting the cargo on board the designated vessel

2.Duty to Proceed with Reasonable Dispatch
The carrier has to dispatch the goods within a reasonable time.

3.Seaworthiness
Shipowner has to provide a seaworthy’s ship. (For example, fit to receive the cargo to be carried, fit to undergo the perils of the sea, competence crew, etc)

4.Duty Not to Deviate
The ship will not deviate from the contractual route unless justifiable deviation. (For example, deviation for purposes saving human life)

5.The Obligation to Nominate a Safe Port
In the contract of Affrreightment, whoever has the right to nominate the port, he has to nominate a safe port.
A safe port means “a port will not be safe unless, in the relevant period of time, the particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation or seamanship.”

References
M. Devine, Carriage of Goods by Sea: Contracts of Affreightment Obligation
Hick v Raymond & Reid [1893]
Hong Kong Fir Shipping Co. v. Kawasaki [1962]
Sellers L J in The Eastern City [1958] 2 Lloyds Rep. 127 at 131
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Is “Trial by Jury” an efficient due process of law?

Sympathetic hearing or more humanistic view of the jury to the case may sometimes lead to unfair in highly emotional cases, such as child rape, the jury may be tempted to convict based on personal feelings rather than on conviction behind reasonable doubt.

George Fisher (1997) has defined the duty of juries as a lie detector. Juries should be capable of tracking the evidence and reaching the correct decision. However, juries are regularly deemed to be victims of experienced lawyers. In other words, skillful barristers could convince juries to accede and provide satisfactory decisions.

Jury system can sometime be swayed by prejudice of jurors, including
racial considerations.

These are no educational requirements for the jury. Sometimes, the juries do not understand complex cases. It is claimed that some cases are impossible for any jury to understand. Many nations belief that it is unusual for person’s fate to be desire by untrained layman.

There are so many disadvantages in the jury system. Nevertheless, there are some advantages that cannot be ignored. Some advantages of the jury system may not obtainable under any other system.

References
Fisher, G. (1997). The Jury's Rise as Lie Detector. 107, Yale Law Journal, Retrieved 14/08/2010
R v. Ford. All ER 3 445 – 1989.
http://www.spiritus-­‐temporis.com/jury-­‐trial/pros-­‐and-­‐cons.html
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The different between First to File and First to Invent System

To identify the different between these two systems, first we have understand that there are three important dates in the process of patenting an invention to consider.
1. The date that the inventor first conceived of the completed invention.
2. The date that the inventor built a working model.
3. The date that the inventor filed a patent application.

In the “First to Invent” system, when the inventor complete these three step. The date that the inventor has done the first step would be “priority date” so long as the inventor does not abandoned, suppressed, or concealed the invention according to title 35 of the United States Code section 102 (g). If there were two inventors file the patent for the same invention, the inventor who first conceived of the invention would entitle to a patent.

For the “First to File” system, the last step would be the most important because the investor who file the patent first would entitle to a patent according to Thai patent law which it also use this system. If there were two investors file the patent for the same invention, the first one who file will be entitle to a patent. The problem only occur when two investor file the patent on the same date, even in different time. Those two shall agree whether a patent should be granted to one of them or all of them jointly. If no agreement has been reached within the period prescribed by the Director-General, they shall bring the case to the court according to Patent Act of Thailand B.E. 2522 section 16.

References
Title 35 of the United States Code section 102 (g)
Patent Act of Thailand B.E. 2522 section 16
http://www.generalpatent.com/first-file-vs-first-invent-who-really-benefits-changing-u-s-patent-system
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