Archive for April, 2009

Jump on your Intellectual Property Rights

Richard A. Neifeld asked:




“Jump on Your Intellectual Property Rights”

If you are a startup business looking for financing, you should already have (1) acquired your IP rights (patents, trademarks, and copyrights) and (2) cleared your business of any IP infringement. Investors and competitors respect the value of patent and trademarks and applications for them. Investors should not invest in a startup, unless they are assured that its product or service is not infringing another’s IP rights.

There is a saying in the law, “don’t sleep on your rights.” If you do not affirmatively acquire what could become your patent and trademark rights, you will lose the opportunity to do so. To often today a startup is shut down because it is infringing another’s patent or trademark rights. That shut down could have been avoided with appropriate foresight. The infringed patent or trademark is one that the startup could have obtained for itself by applying for those IP rights, — if it had acted early enough. Alternatively, an early due diligence search could have identified another’s IP rights that covered the proposed product or service, thereby providing time for a design around and negotiations for a license to the problem IP rights.

Patents provide a limited monopoly on your company’s new product or process. Monopoly translates into high profit margins due to a lack of competition. Patents can be obtained on almost any product or process that is useful, novel, and non-obvious. Under prevailing case law, usefulness extends to any method of calculating a number that has real world utility, including business methods, and the novelty and non-obviousness requirements are not as high a standard as many people believe.

Trademarks (and service marks) indicate the source or origin of a product or service. Source or origin means that a consumer can identify your product or service in the marketplace, and thereby avoid using another’s similar product or service.

United States patents and trademarks are obtained by filing an application for them in the United States Patent and Trademark Office (USPTO). The USPTO then examines the application for compliance with all statutory requirements, and eventually issues complying applications and rejects noncomplying applications. Obtaining these IP rights is expensive, primarily due to the amount of high hourly rate attorney time required to prepare an application and guide it through the USPTO. For patents, part of that cost can be deferred by initially filing a relatively simple provisional patent application the filing date of which is prima facie proof of the date of invention. A provisional patent application protects for one year the right to pursue patent protection on the novel aspects of a product or process at a very low cost, and it is accorded respect by inventors and competitors. However, to get a patent, a provisional application must be followed within one year of its filing, by filing a more formal US application and any foreign applications to obtain the benefit of the filing date of the provisional application.

Substantial information on patents and trademarks is provided at the USPTO’s website at http://www.uspto.gov.

Copyright Richard A. Neifeld, President, Neifeld IP Law, PC

If you have any other questions or need further information please feel free to contact us via email at www.Neifeld.com



Real Estate Investment in Hong Kong



A part of the Guangdong province as well as the Special Administrative Region of China – Hong Kong is one of the most vibrant and intriguing destinations in the world. Hong Kong is also among the world’ most busiest and fast-paced cities.

Hence, no wonder why real estate in Hong Kong is so much sought after. Real estate in Hong Kong is regarded as one of the costliest as well as the lucrative in the world. In other words, buildings and land in Hong Kong form a significant portion of the nation’s wealth and economy. Further, due to its attractive tax system, many international business firms and corporations find their way to Hong Kong for the establishment of their innovative projects. This in turn has led to great demand for high grade industrial and residential real estate in the city.

According to certain records, the cost of residential real estate in the city has gone up to US$ 585 per sq ft. The price is even higher in such posh areas as the Peak – the area between Victoria Peak and Mount Gough, covering spots such as Peak, Victoria Gap, Mount Kellet, Jardine’s Corner, Mount Gough, and Plantation Road.

Nowadays, great choices as well as potential are made available for those who are interested in real estate investment in Hong Kong. Additionally, real estate in Hong Kong provides great benefits to investors. The main advantage is that investing in a property in the city allows you to have access to world’s one of the established markets.

Another worth mentioning benefit of investing in a real estate here is that not any kind of restrictions have been imposed on international investors to buy a property or asset. Further, buying a real estate in Hong Kong is considered one of the best options for long term investment, as it can undoubtedly fetch you huge profits.

Above all, the laws and procedures involved in the process of real estate buying are liberal as well as simple. Once you have found an appropriate property, an Agreement of Sale and Purchase would be signed between the property owner and investor, and this completes the sale procedure.

Hong Kong’s property buying processes are administered by the Conveyancing and Ordinance, which is modeled in the form of English Law. In other words, the real estate law of this Special Administrative Region is quite similar to the one found in the UK, which in turn has attracted many American and British real estate investors.

One of the unique things regarding the Hong Kong Property Law is that all of the land found here belongs to government, ie, each of the real estate in Hong Kong is held under leasehold title. Hence, those who are interested in property investment buy an agreement or a lease for a period ranging from 50 to 999 years.

A real estate or property in Hong Kong can be either solely owned by one person or through jointly by several investors. However, joint investment may be usually in the form of tenant or a joint tenancy. Further, a property can also be owned through a company structure. But, in case, if a company would like to conduct its business through the purchase of a property on lease, then it should be registered with the Hong Kong Companies Registry. In addition, every type of lease should be listed at the Hong Kong’ Land Registry.

Nowadays, a large number of real estate firms and realtors are now there in order to help you find and buy your dream property in Hong Kong, no matter it is single detached home, villa, apartment, office, or industrial space. Many of them render the services of professional lawyers to help you in effectively carrying out buying procedures, such as agreement process, listing on the Hong Kong Land Registry or Hong Kong Companies Registry, tax matters, and negotiation of purchase.

In addition, there are also real estate firms providing steps to arrange mortgages for the purchase of property. But, prior to approaching a service provider, it is important to undertake an investigation with regard to their reputation and the quality of service rendered. Some firms may charge huge fee. Hence, it must be checked for. Apart from other sources such as yellow pages, magazines, and newspapers, the internet also serves as an excellent source to find the most competent service provider in Hong Kong.



By: Wantanee Khamkongkaew

About the Author:

Wantanee Khamkongkaew is an independent author evaluating and commenting on leading International Property Consultants in Asia and Greater China, especially CB Richard Ellis.

How To Retire Well in Mexico



For years, Americans have entertained the idea of retiring in Mexico. But today with the rising cost of living in the US, more and more people are buying property in Mexico and enjoying their retirement years for far less than they could north of the border. Contrary to popular belief, retiring and buying property in Mexico is much easier than most people think.

Retirement friendly Mexico:

Mexico isn’t just a great place to retire simply because buying property in Mexico is inexpensive and the weather is world class. The Mexican government offers attractive benefits like a special visa and inexpensive health care for expatriates who come to Mexico seeking the good life in their retirement years.

The “rentista” is a special type of non-working visa available to retirees 51 and older. In order to obtain a rentista, you’ll need to provide a letter from the bank or social security administration stating that you receive a certain minimum income each month. Retirees are also eligible for IMSS, a Mexican social security plan that costs $200 per year and covers medical, dental, and vision care.

Buying property in Mexico:

Mexico has made buying property in Mexico for non-nationals a simple process. You don’t need to be a resident of Mexico to own a home in Mexico. If you’ll be buying property in Mexico within 50 miles of the coast or 100 miles of a national border, you will need to set up a Mexican corporation which will technically own the land or a beneficial trust called a fideicomiso.

When buying property in Mexico, make sure to choose a reputable real estate agent to help you get your corporation or trust established correctly. There is no real estate license system for selling and buying property in Mexico, meaning that anyone can act as an agent whether or not they are familiar with the laws and procedures. Before buying property in Mexico, be sure to spend time researching real estate agents and choose one with experience and references for working with international buyers.

Property Taxes:

Property taxes, called predial in Mexico are extremely low compared to the US Canada, Europe, and most parts of the world. The tax is a percentage of the assessed value of the property, which is determined at the time of the sale. This is another good reason for buying real estate in Mexico before the prices start to really climb.

Although your property value may rise drastically, you’ll continue to pay taxes on the stated sale price. The percentage of property tax you’ll pay depends on where you buy real estate in Mexico. In most places, the predial is approximately 0.1% of the stated value.

Weather:

The type of weather you will experience greatly depends on where you choose to buy real estate in Mexico. No matter where you buy real estate in Mexico, you probably won’t need a heavy winter coat, but there are great differences in the weather depending on which part of the country you’re in.

If you choose Costa Maya property, you’ll enjoy warm and gorgeous tropical Caribbean weather for part of the year, balanced by the rainy season between June and October. For more temperate weather, you may want to consider locations that are located 3,000 to 6,000 above sea level such as Oaxaca or Chihuahua.

The benefits to retirees such as inexpensive property, a wonderful healthcare system, and a relaxing environment are just the beginning. Mexico is rich with culture and tradition, filled with eco-friendly things to see and do, and has some of the most amazing landscapes you’ll find anywhere in the world. If you’re just beginning to think about retiring and buying property in Mexico, you’re in for an exciting journey of discovery on your quest for knowledge about this fascinating country.



By: Christine Harrell

About the Author:
Author is a writer for Trans Caribbean Trust which specializes in real
estate in Mexico
. For more information you can visit http://www.TransCaribbeanTrust.com.

Property Investments in Turkey – an Alternative to Spain and France



With its stunning beaches and pleasant climate that surpasses any popular European destination, and comparatively low cost of living, Turkey is considered a good alternative to France and Spain. The exceptional natural beauty, wonderful climate, well-known hospitality of the native population, and the good returns for investment offered by property prices, are quite popular among the tourists, particularly for British home buyers in the Mediterranean.

Keeping aside the low/high standard of living offered by this country, several major factors have contributed towards Turkey reaching the current position in property scenario. The Pound for Pound, Euro for Euro, price per square foot or meter, is considerably low in Turkey than in other European destinations.

Turkey offers best of both worlds i.e., very low prices of a market which is in its early stages of development, coupled with established rental prospects for those who are seeking it. The comparatively low prices offered by Turkey, and the potential for major increase in future have been drawing thousands from around the world to plunge into an investment in Turkey realty market.

Unlike most other European countries wherein majority of the land area is privately owned, much of land in Turkey is still held by the state. Such a situation helps in simplification of procedures in case of public works or investments, rather than costly expropriations

Another noteworthy aspect of property market in Turkey is that there is a huge demand for property market from within Turkey itself, due to the massive native population of about 70 million, and hence, the market does not rely on foreign investment. Turkey has been considered to be a highly dynamic country by World Trade Organization. Current property trends in Turkey

The current property trends indicate that Turkey is catching attention of both East and the West, strengthening its reputation as a country that includes both cultures.

Being one of the top ten holiday destinations, Turkey attracted about 24million visitors last year, and the figure is likely to go up year after year, with the government taking initiatives to lure more investors and tourists, offering cheap travel and improved fuel times.

Estatesturkey.info reveals that Turkey attracts holidaymakers all year through, from various destinations due to its good rental returns. This January and February Turkey attracted about 280,000 people from Eastern Europe. It is also popular among Germans, the largest foreign tourist group to have visited Turkey in 2007.

The Turkish government plans to increase the number of tourists from 23 million to 50million during the next 15 years. With the tourism and revenue increasing year after year, plenty of opportunities are open for investment in Turkey, with rental demand being at an all time high.

Beginning January 2008 foreign investors are granted permission to apply for a mortgage within Turkey. This revision of laws is intended to promote foreign investment, replacing the earlier hurdle faced by investors, wherein they had to finance their Turkish property through cash purchases or mortgages within their native country.

Turkey is the latest hot spot for property investors. Apart from low prices, the on-going inclusion in the EU and the strong economy makes it one of the best property investments today. Property prices in Turkey are very competitive, revealing all possible indications that the Turkish property will rapidly appreciate with the introduction of more flights mortgages and more mature EU application.



By: Mr wmhaven

About the Author:

Mahindra Acharya also writes articles on Investments in Turkey and Property market in Spain.For more information please visit those sites.

Buy a Property in Bangkok the Recommended Way

Amelie Mag asked:




Bangkok is one of the most visited cities in the whole world and more and more people who visit it are willing to buy a property in Bangkok.

Foreigners who are interested in Bangkok real estate investing must be familiar with property laws in Thailand, if they do not want to have an unpleasant surprise. Anyone can buy a unit in a condominium, but foreigners cannot own free land and houses. According to a Thai rule, foreigners can buy only a certain percentage from the total area of the condominium, in a proportion that does not exceed 49% of all the units in the condominium. A local real estate agent can tell you if you fulfill the necessary conditions in order to buy a unit of a condominium or rent a property in Bangkok.

You can make a good idea about the local market if you resort to an experienced local agent, who knows his or her business. Thus, you will not have to worry about any failure of your Bangkok real estate investing, since such an investment will bring you the expected long-term profit. The commercial real estates have exploded these last years and Bangkok real estate investing can turn out to be tricky, if you do not have a well-thought plan. Anyone can rent a property in Bangkok, but the success of the investment does not offer a guarantee as long as a team of experts has not advised you.

Bangkok real estate investing is not only about buying or renting the desired property in Bangkok. Apart from the money that you will spend on renting or buying, there will also be other operating expenses. The maintenance fee of the property you buy or rent faces charging by the month. The owners will decide the amount of money to pay. Furthermore, if you own a property in Bangkok, you will have to pay a property tax that varies according to the estimated value of the property.

Finding a licensed Bangkok property Real Estate Agent is not an easy task, because, just like in other cities, there are always many unauthorized agents who are looking forward to trick you into buying their inadequately constructed properties. Before you buy a property in Bangkok, it is very important to verify that the agency has a license and that they come with good recommendations. Remember that the success of your Bangkok real estate investing lies in his /her hands and you should not shy away from asking for recommendations.

In addition, it is also recommended to consult with a local attorney about possible pitfalls as well as other miscellaneous laws that are applicable to foreigners. For those foreigners wanting to buy a property in Bangkok, it is also pertinent to check out the new areas that are developing quickly. For instance, the train transportations (BTS) is quickly being developed and cause the real estate to increase quite rapidly in areas that were not popular before. Bangkok is a place that is worth investing in, but do not expect any short-term profitable results. In the end, the money you have spent on the property will pay off – you only need to start with a long-term goal.