Do not hesitate to contact Me Jonathan Rock to coordinate your request.
The world of intellectual property is very complex and presents numberless issues for creators. This section will give you an overview of the legal advantage for protect your work and intellectual property (IP) with your national copyright office and with MRK. We also present you the different forms of intellectual property in order to help you making the best decision for your protection.
This section has been written by Me Jonathan Rock, which is specialized in international IP Law.
We strongly suggest you, to verify which IP laws are applying in your country and what procedures you should do to ensure your IP protection.
An MRK registration creates valuable digital time stamped evidence to assist in the enforcement of your legal rights in your original work.
An MRK registration will prove that your creative work existed at a specific point in time and that a digital file is the work that was recorded at that time. It will also associate the work with the names of one or many authors that have confirmed their contribution to this creation.
MRK also helps avoid disputes between authors down the road by having them to confirm that they were involved in the creation or authorship of that work.
MRK can also provide verifiable third-party evidence of your time stamped work to enforce your rights against an infringer. A MRK’s registration certificate could also be accept as evidence in court to defend your IP.
If there is a potential that you will be generating significant revenue from a work, if you spent a significant amount of time and money creating a work or you know it is something that has a high probability of being involved in litigation, registration with national copyright offices can be used to supplement the MRK registration. This is especially applicable in the US, where the lack of registration will limit available remedies, such as access to statutory damages.
Registering copyright with national copyright offices is fairly inexpensive for a few works but as soon as you are dealing with a number of works (multiple versions/drafts; daily blogs; pitching a potential client with a number graphical works…) the amount can be very high as each work typically requires its own registration. In that case, registration with a MRK’s Premium lockbox will be convenient and inexpensive.
This been said, a registration with MRK will strongly enforce the protection you obtain with your national copyrighting office. First of all, and that is the most important point you should consider, most Copyright Office’s (apart from the U.S. Copyright Office) do not provide a mechanism to deposit a copy of work’s content that is the subject of the copyright registration. In those cases, the applicant simply gives the work a title. The MRK recordal will supplement the registration by providing digital time stamped evidence of the actual work.
Secondly, delays for registration with national’s copyright office are a lot longer than with MRK. As an example, even do, it’s possible for U.S. residents to deposit their work entirely to the U.S. copyright office, it will can up to six months before authors receive their certification. When you register your work with MRK you obtain instant protection.
Given the fact that very few copyright cases end up in court and that the advantages of copyright registration are mostly related to facilitating your enforcement in court, and not outside of court, the benefits of registration with national’s copyright office may be limited in most cases.
Literally copyright means the “right to copy”. It is an exclusive right for the owner of the copyright to copy a work or to give permission to someone else to copy the work (license it), and protects the paternity and integrity of the creator.
Copyright is a form of intellectual property that protects the expression of an idea, rather than the idea itself. Copyright can exist in all original artistic, literary, dramatic, musical and certain other intellectual works. Such works include photographs, blog posts, songs, lyrics, books, poems, websites, sketches, graphics, video games, movies, logos, blueprints, software, product packaging, brochures and many more.
Copyright will come into existence as soon as the work has been created and fixed in a tangible form. The length of the term of copyright depends on the type of work and if it was published or not. In most countries, copyright in a work generally lasts for the lifetime of the author plus 50 or 70 years, after which the work is considered to be in the public domain.
Copyright protection applies to published and unpublished works.
Registration is not mandatory. Unlike some other forms of intellectual property, copyright does not need to be registered in order to be enforceable. Registration with a country’s copyright office may is some case provide additional benefits. Depending on the countries such benefits include a legal presumption of copyright and ownership and rights to statutory damages.
It’s a good practice to properly mark any works in which you claim copyright to let people know that you claim rights in the work but such notice is not per say required. You may mark copyrighted works in the following way: © Your Name / Company Name, [Date]
There are a number of legal tools that can be used to protect the intellectual and tangible assets. The major tools include copyright (previously discussed), trade-marks, industrial designs and patents. The suitability of a tool will depend upon the nature of the asset and the strategy of the project.
Trademark - A trademark is a word, symbol, picture, logo, design or shaping of goods, or a combination of these elements, used to distinguish the goods or services of one person or organization from those of another in the marketplace. A trademark allows its owner exclusive use of that mark to be identified with certain goods or services. Slogans, logos and product names, and business names are examples of trademarks.
Industrial Designs - An industrial design is any original shape, pattern or ornamentation applied to a useful article of manufacture. It is the “visually appealing” part of the design, and not the article to which it is applied that is protected as an industrial design. The functional or utilitarian features are matters to be protected by patent. The shape of a speaker, mobile phone, toothpaste container, examples of industrial designs. If you have taken the time to design something and it will be mass produce, you should consider registering an industrial design (design patent). Registration of an industrial design (also called a design patent) is mandatory. Before disclosing or selling the product covered by the industrial design, you should consult with an intellectual property attorney as the prior use or publication may render the design unregistrable in certain countries.
Patents - A patent is a grant from a government that confers upon an applicant the right to exclude others from making, using, or selling an invention. In order to qualify for patent protection an invention must be of appropriate subject matter, new, useful, and non-obvious to a person skilled in that technology. Patents can be obtained for a tangible product, machine, composition of matter, process, method of use or an improvement of these types of patents. Like industrial designs, you should consult an intellectual property attorney to protect your invention prior to the any public use or publication, as these activities may render your invention unpatentable in many countries while others have a limited time period to file a patent after a public disclosure.
For advice and assistance on copyright enforcement or protecting other forms of intellectual property, we recommend that you contact MBM Intellectual Property Law, a dynamic and progressive law firm that practices exclusively in the area of intellectual property. With an extensive network of foreign associates around the world, MBM’s legal team offers a comprehensive range of intellectual property services including trademarks, industrial designs (design patents), patents, drafting and assisting to negotiate distribution and licensing arrangements, resolving disputes and enforcement around the world.
Please do not hesitate to contact Me Jonathan Rock to coordinate your inquiry.
My Rights Keeper / guardian of my rights INC. (hereinafter referred to as "MRK", "we", "our", "" our ") is a Canadian company. Its head office is located at 53, rue bellehumeur, suite 203, Gatineau, Quebec, Canada, J8T 6K5.
All disputes related to the interpretation of these terms and conditions will be treated according to the Canadian national and Quebec provincial laws in judicial district of Hull.
By accessing MRK you agree to be legally bound by the following conditions. If you do not agree to be legally bound by all the following terms then please do not access or use MRK.
The terms of use of MRK can be changed at any time. We will do our best to inform you of changes to the terms of use. However, if you continue to use MRK after changes were normally announced, it will be considered that you accept them. That is why we recommend that you check the terms of use regularly.
As a user, you agree that the personal information you have entered being stored in a database. This information will never be disclosed to any third party without your consent. By cons, MRK cannot be held responsible for the disclosure of your personal information resulting from hacking attempted or cyber-attacks aiming to compromised the data.
MRK provided a neutral database for copyright protection. MRK can never be held liable for any damage or loss of income, which is due to the inability of the user to prove the paternity of a copyright.
MRK cannot, and will not, make any verification to identify unauthorized use of a creation stored on its servers. It is the responsibility of the user to make such verification.
The user undertakes to not register on MRK servers or databases creation whose content is illegal and / or that contains elements:
MRK is a society for the protection and dissemination of your copyright creations. We recognize your creation as any work respecting the definition of intellectual property established in the Berne Convention in 1886 by the World Organization of Intellectual Property which means that it as "creations of the mind, namely inventions, literary and artistic works, and symbols, names, images and designs used in commerce." For purposes of simplicity, we enclosed every possibilities under the term "creation"
Only members can register a creation on MRK.
When registering a creation within MRK, the user must be the author of the creation, or have legally acquired the rights. In addition, the user must provide a clear and accurate information in its identification in order to link the creation and its author.
Under no circumstances, MRK can be held responsible for fraudulent, inaccurate or incomplete registration of a creation by a user.
The user must provide, at his own cost, a digital copy of the creation.
The user may register a creation within MRK using MRK "Standard Lockbox TM" service, under the following conditions:
The user must upload a digital copy of his creation on MRK’s server and enter all information requested. Information entered must be true and accurate.
MRK calculates the SHA256 digital signature of the creation
The digital signature and information entered by the user are stored in MRK‘s database. The creation is not recorded in MRK‘s database; only the digital signature is.
It is exclusively and specifically the responsibility of the user to keep an identical copy of the creation listed in the MRK’s database.
L’usagerThe user may register a creation within MRK using MRK "Premium Lockbox TM" service, under the following conditions:
MRK Premium Lockbox TM are offered as a package defining the price and storage capacity. All packages are for a one year term and are renewable on the anniversary date of the package. MRK may, without notice, create, modify or delete the packages offered.
After paying effectives rates for the purchase of Premium Lockbox TM, the user can upload a digital copy of his work on the MRK’s server and enter all requested information. Information entered must be true and accurate, it must be true and accurate.
The user can upload an unlimited number of files in the Premium Lockbox TM , until the total storage capacity is reached.
The Premium Lockbox TM will be considered "open" as long as the user does not seal it. As long as the Premium Lockbox TM is "open", the user can add or remove files without any restriction.
When the user seals the Premium Lockbox TM, is then, and only then, that the MRK’s protection is activated. Once sealed, Premium Lockbox TM is inviolable, meaning that it is impossible (even for us) to change the content or the date of registration.
MRK takes the necessary measures to ensure the security and integrity of its servers and its database. By cons, MRK cannot be held responsible for the change, loss, disclosure of information contained in a Premium Lockbox TM resulting of a hacking attempted or a cyber-attacks to compromise the data.
Once the Premium Lockbox TM sealed, the user can set up it as “public”. In doing so, the user explicitly gives permission to MRK to disclose all the information and files contained in the Premium Lockbox TM.
At any time, even if the Premium Lockbox TM is "open" or "sealed", the user can view and download the files it contains.
Registered files in the Premium Lockbox TM will never be "read" by our services. The user must always keep a "software reader" to read the file. MRK is not responsible for technological advances, it is the customer's responsibility to have compatible versions of the software for read the files.
Both types of Lockbox TM, Standard and Premium, allow registration the multi-author service. To do this, the author who created the Lockbox TM invites his colleagues to join the Lockbox TM by entering their MRK username in the appropriate box. Co-authors must then enter their password to confirm that they have participated in the creation.
In the case of Standard Lockbox TM, co-authors must be registered when the Lockbox TM is created. It will be impossible to add them after. When recording digital signature, the Standard Lockbox™ will appear in the vault of all authors. Any authors can order a certificate of registration.
In the case of a Premium Lockbox TM, co-authors can be added at any time before the Lockbox TM is sealed. It will be impossible to add them after. When sealed, the Premium Lockbox TM will appear in the vault of all authors. Any authors can order a certificate of registration. Responsibility for the maintenance of the annual subscription in regard of the Premium Lockbox TM belongs to the author who created it. (see: Specific conditions for MRK Premium Lockbox™ ).
The user can request a registration certificate for the both types of MRK Lockbox™, Standard and Premium. In the case of a Premium Lockbox TM, it must be sealed to obtain a registration certificate. The registration certificate takes the form of an affidavit from MRK’s legal services.
Once the current fees paid by the user, MRK will ship by mail a hardcopy of the Lockbox TM and all its information. This physical copy will be accompanied by the registration certificate that contains the elements of the recording of the creation.
The certificate of registration from a Standard Lockbox™ includes the following elements:
The certificate of registration for a Premium Lockbox™ includes the following elements:
And for each files contained in the Lockbox™:
If MRK determines, in its sole discretion, that a user has violated this agreement and / or is a threat to MRK or one of its users, MRK reserves to itself the right to withdraw and / or remove all or part of the creation of a user and / or deny, restrict, suspend or terminate access to its services.
The user is responsible for maintaining the confidentiality of their username and password. Any action in an account, after the user has been identified and the valid password provided, will be deemed made by the user who owns the account and will therefore be considered valid and official.
MRK pricing packages to purchase Lockbox™ or to purchase certificate may be changed without notice. The rates in effect at the time of the purchase will be considered the official pricing.