Tag: united kingdom

Recently, I published an article regarding the pitfalls of socialised medicine and totally unreleated, president elect Trump spoke about the cost of prescription medication. After hearing Trump speak, it made me reflect about my experiences with both the US and UK health care system.

Trump is right, Americans do pay too much for prescription medication. In the UK for example you can get weight loss medication for about £120 if you go private or if you are type 2 diabetic then you can get the medication for no cost. Whereas in the US, without insurance covering the cost for the weight loss medication, it can easily run $1,000 per month.

If you live in the US then you may feel anger because the medication is about 85% cheaper in the UK. While I am a big supporter of Trump, personally, I do not believe getting rid of the ‘middleman,’ will make medication prices competitive like the UK. Why?

When you peel back the layers of what goes into the cost there a major fundamental differences between the US and UK. For example, in the UK, medication advertisements are banned for prescription medication. Meaning pharmaceutical companies cannot promote medications on television nor sponsor events to promote their medication. Likewise, in the UK it is the government that negotiates prices and does a cost benefit analysis before medication is approved. Furthermore, in the UK, health care workers are paid a fraction of what their US counterparts make. Finally, the UK legal structure is different and punative damages, are rarely if ever awarded. This means litigation costs are less.

At this point, you may feel that I have missed the biggest problem IP rights. Most of us, do not realise the sheer cost involved in researching, developing, testing, publishing, and then marketing a drug. For most drugs, it takes years of researching, testing, and reviews before a drug hits the market. This is to ensure the drug is safe, to identify the side-effects, to identify the correct doseage, and the population for the drug. For a drug to enter the market place, the developer has spent hundreds of millions of dollars. IP rights is the mechanism that allows the developer to recover their costs before they face competition. Without IP protection, orphan drug development and development of vaccines, like COVID, would cease. Instead medications would be developed based on high demand like for baldness, ED, and other cosmetic needs. For me, I do not see IP rights as a driver of price but a mechanism to encourage development.

This brings me to the next part of my discussion, what is it like in the UK to get medication. If you have read my earlier article, you will notice I am not the biggest fan of socialised medicine. Unlike the US, where you can walk into your pharmacy and ask for a refill. In the UK, you have to contact your GP then within 72 hours your GP notifies your pharmacy. Depending on the medication and the pharmacy the medication may be available. If it is not available then you may have to wait a week. With one of my medications, I have had to switch it twice because there were shortages. Luckily, after my second switch my current medication, so far, has not faced supply issues.

The above, highlights one issue of cutting out the ‘middleman’ but what no one in the UK admits is that cost factors into prescribing. One of the medications I take took me over a year to get because I had to wait because my GP, in the UK, was not trained to prescribed it. Worst yet, before waiting a year for the prescription, I endured two (2) years of misery due to side effect because I was being prescribed the cheapest medication first instead of what would work for me. If I was in the US, the right medication would have been prescribed after a 15 minute appointment and I would have not had to endure two years of side-effects.

As Americans debate how to reduce the obsence cost of medications, there is one point Americans must remember, no system is perfect. While many Americans wish for a NHS style system of health care, the NHS has its downside and the older you get, the more noticiable it becomes. For me, I fell out of love with the NHS when I had to wait over a year for a prescription that, if I were in the USA, I would have received after 1 – 15 minute appointment and to make it worse, I endured two years of side-effects because the right medication for me was more expensive than the alternatives. A rush to remove the ‘middleman’ without fully understanding the complexities involved may actually drive costs up and make the system worse. From my experiences, I prefer the US system because GPs are properly trained and you do not have to wait a year to get the medication you need. In conclusion, the UK health care system may seem attractive for Americans but the reality, there are a lot of drawbacks. If you cut out the ‘middleman’ then you need to be prepared for what will follow.

Copyright (c) Be Berry Informed 2024 – All rights reserved.

Introduction

Navigating the maze of information on shared ownership can be daunting. This FAQ, drawn from personal experience, aims to simplify and clarify the details for you. Remember, this is a guide; for specific enquiries, consult your solicitor.

1. What distinguishes shared ownership from outright home ownership?

The differences can be viewed through various lenses: costs, objectives, political, socio-economic, or legal frameworks. I prefer to consider the differences in terms of costs and objectives.Shared ownership is a hybrid of renting and home ownership. Generally, you co-own the property with a housing association, which can be a stepping stone towards full ownership. In a shared ownership scheme, you buy a share of the property and rent the remainder, also covering a service charge and building insurance.

Pros and Cons

The upside is the potential to acquire a larger or newer property through shared ownership than if you bought outright. Additionally, properties under shared ownership are often newer, which could mean lower maintenance and energy costs initially.

However, when tallying rent, mortgage, service charge, and building insurance, the total cost might exceed that of an outright purchase. Also, new shared ownership properties may not include furnishings or flooring, adding significant expenses. Legal fees can also be higher due to the dual nature of the agreements: one to purchase and one to rent.

2. Can I negotiate the purchase price?

In most circumstances, it is not possible to negotiate the price.

3. How come not all lenders offer mortgages for shared ownership?

The key factor is the level of risk for the lender. In a traditional mortgage, the bank holds the property title until you’ve paid off the loan. But with shared ownership, the title is split, tying the lender to your lease’s selling conditions and potentially increasing the selling costs. Additionally, market fluctuations, the size of your deposit, and the demand for shared ownership properties can all affect the lender’s ability to recoup costs in the event of a default.

4. Can I make an offer for a shared ownership property?

No, shared ownership is based on a ‘first come, first served’ principle. This means that even if you present a more attractive offer to the seller, the person who finishes their affordability assessments and pays the reservation fee first will secure the property.

5. Do I have to use their mortgage broker?

Initially, you will qualify for the checks. If you decide to move forward, you have the option to secure a mortgage for shared ownership or choose a mortgage broker that meets your preferences.

6. How long does it take from first viewing the property to being able to move into it?

The timeline for acquiring a property can fluctuate widely due to factors such as property type, search volume, mortgage requirements, existing mortgage offers, personal needs, survey processes, duration of checks, property chains, and more. The following table provides a ‘very rough’ estimate and should be regarded solely as a reference point for estimation.

Property Type	Estimation
New build—to be built	3 – 10 months
New build, with mortgage	4 – 6 months
New build without a mortgage	3 – 5 months
Flat	4 – 7 months
Previously owned – with mortgage	4 – 7 months
Previously owned, without mortgage	3 – 5 months

7. How much will legal fees run?

The cost of legal fees for shared ownership can fluctuate significantly. Factors such as having a mortgage, the property type, its location, the necessary number of searches, whether a survey is required, and the chosen firm all play a role. You can expect to pay anywhere from a minimum of £1,500 to a maximum of £2,250 outside of London, with the average cost hovering around £2,000, excluding the initial month’s rent and charges.

Welcome, this guide is meant to answer some of your more basic questions regarding intellectual propperty and intellectual property rights. It is meant for anyone wanting simple and easy to understand information about intellectual property rights. It is ideally suited for those who want to sell their products on selling platforms like Etsy, e-Bay, and Shopify.

While this is meant to be a very generic guide answering some basic questions about intellectual property, it is based on Intellectual Property Law of the United Kingdom. Law is an opinion that is continuously changing and on this page, you are receiving an opinion. This means, if you are reading this from another country then your laws may be different. Likewise, if you are looking to sell your product on a platform then it is importnat you are aware of the site’s rules, as they may vary from intellectual property law. Furthermore, since this is a guide it is not meant to answer specific questions regarding intellectual property and any questions should be answered by a qualified legal professional in your jurisdiction or in the jurisdiction that you wish to sell your product.

1. You can use IPR (Intellectual Property Rights) to protect an idea.
   

   No. IP regards the form your idea takes and IPR provides protection based on the form your idea takes. This means, IPR only becomes applicable after you ‘commit pen to paper’ to create your idea and it does not protect your idea. If you wish to discuss your idea with somoneone then it is a good idea to sign a nondisclosure agreement before any discussions occur.

2. It costs a lot to create something that is protected under intellectual property law.
   

   There are four (4) types of intellectual property rights in the United Kingdom: copyright, design rights, trademark, and patent. Trademarkand patents do require a nominal fee to process. However, copyright proptection attaches the moment you publish your work and it can protect a photograph, which only requires your time to photograph and edit. So, in some cases the only thing that is needed is your time to create something in order for IPR to attach.

3. For intellectual property rights to be profitable, you must own a patent.
   

   There are many ways to profit from intellectual property, such as selling the rights, licensing the rights, exclusive license, franchising, workshops, speaking engagements, and in some situations spin out companies

4. If a photograph or a book is on the internet, for example, then you can use it.
   

   In the UK for example, the moment a piece of work is published on the internet the author of the work obtains copyright protection. The use is subject to any license the author or publisher may offer. If there is no license, such creative commons or open source, then it can be assumed the work cannot be used unless you have permission from the owner of the work.

5. If someone gives you a free copy of software then you are not violating intellectual property law
   

   Software creates a copy on your hard drive, which means you will need a license to install the software. The license will determine if the individual has the right to provide you with a copy.If the software is software where you need a subscription, like photo editing or anti-virus, then it is highly unlikely that the individual has the license to provide you a copy. However, if it is open source or creative commons, fo example, then it is possible that the license will allow them to provide you a copy but the answer will lie in the licensing agreement.

6. You can copy a book or a video, for example, to use for non-academic use or non-commercial use
   

   Usually, if it is for academic use and the license allows for academic use then most likely you can create a copy. As for non-commercial use, this is different than academic. You will need to read the licensing terms closely

7. to protect a copyright you must register it.
   

   In the UK copyright attaches once published. However in other jurisdictions like the United States, copyright can be registered or not.

8. Copyright only lasts until the creator dies
   

   Generally speaking copyright will last up to 75 yearsafter the creator dies.

9. Patent protection lasts forever.
   

   Patents are costly and easily will cost you tens of thousands of pounds to file your application. Before you even file the patent application you will need to undertake a commercialization exercise. This will involve, identifying the potential IP and if there is a market for it. As a part of this excercise you will learn if someone else have develop something similar, if they already have a patent, and what you might be able to earn from the patent. From there you incur legal fees to draft the application, to file it, to answer questions, and if needed, defend you application. If your applicaton is approved, the longest patent protection will last will be 20 yers.

10. Creative Commons license allows you to use anything with a Creative Commons license.
    

    This is a misperception regarding open source and creative commons licenses. Each will specify how you can use the copyrighted material and any violation could be costly for you.

11. Open Source means you can freely use the work.
    

    No it does not. Creative Commons and Open Source are ways of licensing copyrighted work. When using either, it is recommended that you read and follow the licensing terms regarding use. Otherwise, you may find that you are defending a copyright violation lawsuit. https://www.losey.law/intelligence/100-open-source-licensing

12. Intellectual Property Rights hinders research
    

    Take a moment and imagine a world without IPR protection. The first thought will be a world full of research with amazing advancements. Now, stop and think. Would it be a uptopia or would it be a world where technological advancements to do not exist because research cannot occur because there is no minimal safety level.
    
    I have heard this argument many time. I believe, IPR protects the researcher, the university, and or the company that developed the IP. By providing a secure environment thereby providing confidence to allow research to develop thereby benefiting all of us.

13. Intellectual Property Rights favor rich countries and large corporations
    

    There is an international standard for intellectual property law, WIPO (World Intellectual Property Organization). The WIPO sets the standard for international property law and the member countries sign up to it. IP law is not something that significantly varies between each country but instead follow an established standard.

14. Intellectual Property law only applies to large multi-national companies.
    

    It is easy to believe that intellectual property law only applies to large multi-national corporations. The reality, intellectual property law applies the same to a large multi-national corporation, the single proprietor photographer, and the mom or dad that runs their own online business through a platorm.

15. If you make small changes to a trademark name you can use it
    

    This becomes a very complicated and gray area, especially if you will be competing against the trademark owner. It is likely you could face litigation claiming you breached their trademark and or be sued for passing off. The most likely outcome is your registration will face challenges because it sounds too similar to a registered trademark.

16. You can own the intellectual property rights for making superficial changes to a copyrighted or patented work
    

    This gets to be a very gray area. You can look around you and find probaly hundreds of examples where something new took an idea from the past. For example, the Flintsones were based on the Honeymooners. Likewise, you could argue the Middle is based on Roseanne. In both examples, they took an idea and evolved it into something very different.
    
    In contrast, you do not have to look far to see where the idea did not evelove and resulted in copyright violation, see for example Queen’s and David Bowie’s claim against Vanilla Ice.
    
    Intellectual property is about creating something new. If you make superficial tweaks to a current product, at best you cannot claim protection and at worse, you could find yourself defending an intellectual property lawsuit.

17. You can use a trademark name as a comparison, such as ‘similar’ or ‘like’.
    

    This is a very gray area and unless you have the funds to fight a trademark violation claim, it is best to stear clear.

18. If you create something at work that is protected by intellectual property law then you are the owner of the IPR.
    

    In the UK, unless your contract of employment or your employer’s IP Policy states differently, then any IP created by an employee in the course of their employment is owned by their employer.

19. If you hire a photographer, for example to a wedding or a portrait, you own the intellectual property rights to the photographs taken of you.
    

    Unless you have a contract that states otherwise, then in the UK it is very probable that the photographer is the owner of the copyrights to photographs

20. There is no way to report copyright or trademark infringement
    

    This is the way many companies make their income from intellectual property. Most larger corporations will have information on how to report suspect copyright and intellectual property right violations to them.