Sep 20, 2008 03:40
15 yrs ago
22 viewers *
English term
Freedom can not be assumed
English
Law/Patents
Law: Patents, Trademarks, Copyright
Patents
Dear all,
I would like to understand the meaning of the above phrase "Freedom can not be assumed".
Here's an excerpt of the text:
"The company gives no warranty as to the fitness of the Product for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except to the extent that such exclusion is prevented by law. (Freedom under Patent, Copyright and Designs cannot be assumed)".
Many thanks!
I would like to understand the meaning of the above phrase "Freedom can not be assumed".
Here's an excerpt of the text:
"The company gives no warranty as to the fitness of the Product for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except to the extent that such exclusion is prevented by law. (Freedom under Patent, Copyright and Designs cannot be assumed)".
Many thanks!
Responses
Change log
Sep 20, 2008 03:46: Margaret Schroeder changed "Term asked" from "Please advise on \"Freedom can not be assumed\"." to "Freedom can not be assumed"
Responses
3 hrs
Selected
You can not just take for granted that you will have protection
When I apply for a patent, even though I pay the money and I receive the receipt for the patent, even then the patents office sends me a letter stating that just because I have done all of this, I still should not assume that the product is covered by the patent, as I may have some of the wording incorrect and it isn't until it is challenged by law, will I know for certain the product is covered.
Other examples:
Do not assume that because you have had your car serviced it will be safe to travel in.
Only after the journey will you know for certain that the car was ok to go.
Ie; make sure you have breakdown insurance.
Do not assume that because the light is green you can cross the intersection with out having an accident. There could be a careless driver running the read light so you must not just trust the light, you must also look.
What freedom means here is that don't assume that just because it has copyright etc and you start selling it using the copyright as a marketing tool, and if some one else brings out a similar product and kills your sales, don't come back to our company looking for compensation thinking our copyright was covering you, IT is up to you to fully investigate for your self, If copyright of the product is valid in your area.
The text sounds like from an international agency agreement between a company and a wholesaler.
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Note added at 3 hrs (2008-09-20 06:46:01 GMT)
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typos/..... without ... Red light......
Other examples:
Do not assume that because you have had your car serviced it will be safe to travel in.
Only after the journey will you know for certain that the car was ok to go.
Ie; make sure you have breakdown insurance.
Do not assume that because the light is green you can cross the intersection with out having an accident. There could be a careless driver running the read light so you must not just trust the light, you must also look.
What freedom means here is that don't assume that just because it has copyright etc and you start selling it using the copyright as a marketing tool, and if some one else brings out a similar product and kills your sales, don't come back to our company looking for compensation thinking our copyright was covering you, IT is up to you to fully investigate for your self, If copyright of the product is valid in your area.
The text sounds like from an international agency agreement between a company and a wholesaler.
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Note added at 3 hrs (2008-09-20 06:46:01 GMT)
--------------------------------------------------
typos/..... without ... Red light......
Note from asker:
Many thanks Gary! |
4 KudoZ points awarded for this answer.
1 hr
there is no guarantee that the Patent, Copyright and Designs clauses are valid
I would say ...
Peer comment(s):
neutral |
Erika Lichtenberg, DPSI
: I think that Patent, Copyright and Designs refers to particular laws of each country where the product is to be sold/used. I.e where the product is made in the UK, do not assume that German copyright will apply if you sell/use the product in Germany.
1850 days
|
3 hrs
infringement (of the patent) cannot be assumed
This is a tough one!
3 hrs
freedom to interpret Copyright ...as you wish is not assumed
*
+1
17 hrs
no guarantee of freedom from patent, copyright or design protection is given
This phrase is apparently relatively common in the legal disclaimers of a variety of organisations, and it probably originates from some time in the distant past when the meaning would have been more apparent.
I am not *certain* of the meaning, but in light of the wording often used in such disclaimers in more modern language, I imagine that it means 'No guarantee is given that items or products mentioned in this document are free from protection under the terms of a patent, copyright, or registered design'.
This is usually worded in modern language as in the following example:
TVFUN HEREBY EXPRESSLY REJECTS ANY EXPLICIT OR TACIT UNDERTAKING OR GUARANTEE, OF WHATEVER NATURE, WITH REGARD TO THE ACCURACY, CURRENCY, COMPLETENESS OR SUITABILITY FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY INFORMATION PRESENT ON THIS WEBSITE OR PROVIDED VIA THIS WEBSITE AND/OR ANY PRODUCT DESCRIBED OR RECOMMENDED ON THIS WEBSITE INCLUDING GUARANTEES WITH REGARD TO INFRINGEMENT OF ANY PATENT, COPYRIGHT OF OTHER RIGHTS OF THIRD PARTIES.
http://www.tvfun.tv/legal/disclaimer.html
I am not *certain* of the meaning, but in light of the wording often used in such disclaimers in more modern language, I imagine that it means 'No guarantee is given that items or products mentioned in this document are free from protection under the terms of a patent, copyright, or registered design'.
This is usually worded in modern language as in the following example:
TVFUN HEREBY EXPRESSLY REJECTS ANY EXPLICIT OR TACIT UNDERTAKING OR GUARANTEE, OF WHATEVER NATURE, WITH REGARD TO THE ACCURACY, CURRENCY, COMPLETENESS OR SUITABILITY FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY INFORMATION PRESENT ON THIS WEBSITE OR PROVIDED VIA THIS WEBSITE AND/OR ANY PRODUCT DESCRIBED OR RECOMMENDED ON THIS WEBSITE INCLUDING GUARANTEES WITH REGARD TO INFRINGEMENT OF ANY PATENT, COPYRIGHT OF OTHER RIGHTS OF THIRD PARTIES.
http://www.tvfun.tv/legal/disclaimer.html
Discussion
Grateful to you!