Question posted in the Intellectual Property Law category relating to Western Cape
Question value: R 100.00
EXTREMELY URGENT --- KINDLY ASSIST
I bought a Circulation Tens Tech (COMBO) device for the management of pain and weight solutions. It also offers an extremely wide range of acupuncture benefits (no needles, low voltage electrical nerve & muscle stimulation).
I requested permission to use such device for both personal and business use. This was granted. Herewith the exact wording of such letter...
"To whom it may concern,
WE, circulution company provide the customer full rights to use this product as she sees fit. This includes that she may use it in her business to relieve pain to others."
In legal terms, what exactly does "the customer full rights" mean?
I would sincerely appreciate an URGENT response please.
Answer to the Question
Hi there and thank you for your question,
"Full rights" means, from a legal point of view, all of the rights necessary in order to use the device/service in the manner in which you want to use it.
Those rights which are granted to you would obviously exclude certain rights, e.g. making illegal copies the device, dismantling it to copy it, etc.
"Full rights" in relation to a lease agreement, would (by way of example) include all of the rights necessary in order to use and enjoy the rented property, but would exclude the right to sell the property, or the right to demolish the property, etc. As you can see, "full rights" changes a little in the context ...
I think that their email is as widely worded as you are going to receive.
I think that it will cover you for your use of the device for your business use.
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Information provided by client
Does full rights include using their wording and or pictures from their website?
Answer to the Question
No, I would say not.
That would be considered to be separate to the actual product. Separate intellectual property.
But there is no harm in asking for their permission to use it!