In this lesson we’ll learn legal English vocabulary related to copyright. Copyrighted works are created by authors, who receive royalties for the use of their work. Copyright exists for a specific term, and may be assigned to others. Limits to copyright include works in the public domain as well as fair use. We’ll also look at ideas like copyright infringement and piracy.
In this lesson we’ll look at legal English vocabulary related to intellectual property, or IP. Intellectual property includes patents, as well as trademarks and trade secrets. IP may be licensed to others, but it still belongs to the rights holder. We’ll cover activities such as counterfeiting, as well as reverse engineering. And finally, we’ll look at designation of origin.
In what some have dubbed ‘The Patent Trial of the Century’, Apple and Samsung have been fighting tooth and nail in recent weeks. Samsung was found to have infringed on 7 of Apple’s patents, in what became a $1B levy.
So, you’ve found a company you want to work with and have agreed on the major points of the deal. Now it’s time to negotiate the ‘fine print’ or the details of the contract. Even if you’ve come to terms on price and payment, there may be a lot of costs or savings unaccounted for. A good warranty, for example, could save you a lot of money. The details may not break a deal, but you do need to negotiate them successfully so that the contract protects you and guarantees you certain benefits.
To do this, you’ll need to be comfortable with the language of contracts and the techniques used to talk about them. And that’s what we’ll be looking at today. We’ll learn how to ensure warranty terms, ask about response times, and talk about the bottom line in order to win concessions. We’ll also cover talking about renewal and agreeing to overall terms.
We are going to rejoin Sam and Larry, who are discussing a contract to lease a fleet of cars and vans. Larry, who represents the vehicle company, has drawn up a contract. He and Sam are discussing the details over the phone. You’ll hear Sam try to get the best deal possible for his company.
1. Why does Sam want to ensure the terms of the warranty? 2. What does Larry offer to Sam free of charge? 3. How does Larry respond to Sam’s request for a renewal clause?
As we’ll be discussing contracts, you might want to check out our Video Vocab lessons on contract law to refresh your memory.
A lot of business is done with a verbal agreement and a handshake. But it doesn’t take a lawyer to know that you’re usually better off having everything written down in a contract. Contracts protect both sides of the arrangement and spell out exactly who must do what and at what time and where.
If you’re familiar with contracts, you know that there are certain parts and clauses that are almost always included. But exactly how those are written can vary greatly from contract to contract. “The devil is in the details,” as the saying goes, which is a traditional way of saying that details are very important.
And when it comes to contract negotiations, you will have to focus on a lot of details. You might agree generally on what type of arrangement you want, but working out the finer points is crucial if you want a contract that works for you. Negotiating these fine points requires several key skills. Today we’ll cover highlighting concerns in a contract, seeking concessions, and citing previous arrangements to strengthen your position. We’ll also look at agreeing with hesitation to a concession as well as emphasizing the positive.
We will hear Sam negotiating a vehicle leasing contract with Larry, a leasing company rep. Sam wants to lease several cars and vans for his company. He and Larry have agreed on the major points and are now discussing the draft contract over the phone.
1. Why does Sam mention that their account reps try to stay in close touch with customers? 2. What does Sam say about their last leasing situation? 3. What does Larry offer to do for Sam?