3-D Printing Intellectual Property - What About Plagiarism of Code, Copyrights, and Patents?

It is quite amazing, the advancement of 3-D printing. It is wonderful to see that so many folks are working on projects putting 3-D printers into American schools. It's nice to see that CADCAM and engineering software is so easily incorporated into 3-D printing equipment to allow for instant innovation and prototyping. Nevertheless, there is another problem with this, and I'd like to explain that to you for a moment if I might.

First, just about anyone can buy an iPad, and get an app which allows you to take pictures of a given object from various angles, and then immediately create a 3-D picture or image. From that, it's only a matter of asking the 3-D printer to print what you just took a picture of. That's amazing, and quite an enabler, but there is also a problem with it - specifically it challenges patent law, enforcement, and exactly who owns a picture, and perhaps even what one is allowed to take a picture of and for what reason? Indeed, all you need is one of any object, take pictures of it, and then re-create it, make a mold, and then mass-produce it.

Create An Ipad App

In this day and age of patent piracy, and intellectual property theft, these technologies are enablers not only of those developing and doing rapid prototyping for the future, but they are also an enabler of those who wish to cheat the system, and violate the very patent laws which help us provide an incentive for risk in bringing such new innovations to fruition and to market.

Now then, in the future you will be able to buy something from an online catalog, and then download it to your home 3-D printer, and it will create it. We know, that folks are busy trying to unlock and jailbreak various personal tech devices, and even e-books which are created in a special format preventing people from hijacking the copyrighted work. All this wonderful software code isn't working of course, because those who are copyright pirates seem to always find a way to hack into the system, or to use their intellect to steal that which is not theirs.

In fact, now folks with the greater resolution on the iPad, and the incredible digital cameras, can merely buy a work even where the digital rights are protected by the software, take a picture of that work or print screen, and then load it into a word processing program. They just bypassed the system, without even stealing the code, jail breaking the device, or hacking and software.

Now then, the reason I bring this up is that if you are buying something from a catalog and you are downloading that to your 3-D printer at home, and you are paying a nominal fee for that process, then someone will use the same techniques as they do to steal copyrighted work to violate the patent, depriving the individual that created the object and did the prototyping of their money. Further, I doubt if there is any way that we can prevent this. Humans have found a way to reverse engineer just about anything, provided they have the materials available to make it.

So whereas 3-D printing will be a great enabler of innovation, it will also challenge us in ways which are yet to be foreseen, and at a pace yet unheard of. Therefore, I hope you will please consider all this from an intellectual standpoint, and then consider it from a philosophical standpoint, and maybe it's time to change our regulations, to mitigate the challenges ahead in such a way that 3-D printing continues to enable innovators, entrepreneurs, inventors, and researchers without depriving them of a fair and equitable standard of living for all they produce. Please consider all this and think on.

3-D Printing Intellectual Property - What About Plagiarism of Code, Copyrights, and Patents?

Very Important Information You Need to Know Before Investing in Koh Samui Property

Koh Samui, Thailand

Koh Samui, Thailand has long been the locale of choice for paradise seeking foreigners from all parts of the globe. Its shimmering turquoise waters and sun bleached, white sandy bays are lined with bungalows, villas and resorts. Its happening night life with a plethora of restaurants feeds the epicureans and provides a magnificent back drop to beautiful sunsets and starry nights. It's no wonder that so many foreigners want to own property in Koh Samui, but like any other property market in the world, it's important to know understand the legal implications, visa requirements, and tax guidelines involved before deciding which property you are going to invest in.

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Getting To The Island

Before investing in Koh Samui property, you must first feel confident that traveling to and from the island has been made easy and convenient for tourists. After all, they play a major part in helping Samui's economy grow and helping tourists get to the island should be top priority. The most convenient way to get to Samui is by flying with Bangkok Airways from Bangkok, Singapore, Phuket, Pattaya, and Chiang Mai. There are 15 daily 80 minute flights between Samui and Bangkok and 4 weekly 90 minute flights between Koh Samui and Singapore. Alternatively, several ferries and catamarans run from Surat Thani or Don Sak on the Thai mainland. There are almost 10 daily departures between Samui and Ko Pha-Ngan.

The Samui airport is a unique and highly successful experiment in building an airport that is kind to both the cultural and natural environments of a tropical island resort. Flying in, you get brief glimpses of outlying islands, streaks of surf, the wakes of small fishing craft sketched across the calm aquamarine sea. Smudges of coral reef dapple the water as you come in closer still. Then the coast of Samui appears. Two hundred and fifty kilometers of tropical hideaway scalloped by dozens of bays rimmed in white sand, carpeted in lush textures of forested hill and coconut grove, Samui is the centerpiece in a group of 80 other islands set in the Gulf of Thailand.

Located 2km north of the main village Chaweng, Koh Samui Airport serves both domestic and international flights including Bangkok Airways, Thai Airways International, Berjaya Air, and Firefly.

Koh Samui Property Tax Guidelines

If you've already done your research and you are looking to invest in Koh Samui property, you really should understand how the tax liability can affect your overall return.

All Koh Samui property owners in Thailand are liable for tax on rental income, which is based on either standard personal income tax (PIT) rates for "resident" tax payers and a at 15% PIT rate on assessable income for non-resident tax payers. A person becomes a "resident" tax payer if he or she spends more than 180 days in any tax year in Thailand. Thailand does not charge a separate capital gains tax for foreign buyers. All earned income from capital gains is taxed the same as regular income. The highest rate of income tax is currently 37% per year.

When purchasing property in Koh Samui, it is quite standard for the purchaser to be solely responsible for the payment of all transfer fees as well as taxes duly charged by the competent land office in connection with the registration of transfer of ownership of the property. This includes the government transfer fee, withholding tax and specific business tax as well as stamp duty and other costs and expenses arising out of the registration of the transfer of ownership to the purchaser.

Transfer fees are typically 2% of the registered value, stamp duty is.5% of registered value, withholding tax is 1% of the appraised value, and business tax is 3.3% of appraised value. Income tax is usually between 1-3% on Koh Samui property. There are no established rules regarding who pays the income tax while this is simply another part of the bargaining process during the property purchase as are all other costs relating to the transfer of ownership. Tax on Rental Income is 10-30% of rental income depending on the type of property. Lease Registration Fee is 1.1%

Transferring Money To Purchase Samui Property

Unlike most developed economies where transferring money to and from bank accounts is relatively straight forward and easy, this is NOT the case in emerging markets like Thailand. Before purchasing property in Koh Samui, it is very important to understand exactly how to transact and what needs to be done prior to purchase. Reason for the complexity of this issue is because of the Thai laws concerning Foreign ownership of Condominium Property. According to Thai Law, foreigners may own 49 percent of the aggregate sale-able unit space of a condominium building while the remaining 51 percent must be owned by either Thai nationals or majority owned Thai Companies. Below is a step by step guide on how to transfer money when dealing with Koh Samui properties.

A Thai bank account must be set up in your name in order to transfer money to yourself before exchanging your currency to Thai Baht. Any foreign currency can be used to purchase a condominium unit. The foreign currency must be transferred into Thailand as foreign currency and then exchanged into Thai Baht by a local bank in Thailand. In many cases, the developer may offer to help you establish a bank account in Thailand due to the complexity of establishing an account yourself. This may come at an extra cost, however developers are always willing to negotiate or waive this cost if it helps get the deal done. Foreigners are required to remit at least USD 20,000.00 into Thailand per transfer to receive a FOREX Transfer Form. (Transfers of funds must be made in FOREIGN CURRENCY only and NOT in Thai Baht, i.e. if you are working in US Dollars then remit in US Dollars. Do not remit in Thai Baht. This form will be needed to transfer the unit under foreign ownership and also remit money back out of Thailand if so needed in the future. Documents needed when buying a condominium: For foreigners to be eligible to purchase a condominium unit in Thailand they must present proof to the Department of Lands that the funds have been remitted from overseas in foreign currency. Without such proof, the Department of Lands will not register the transfer of ownership to the foreign buyer. Remittances must be sent in exactly ("to the letter") the same name as appearing on the purchase contract, (i.e. if Tom Smith is the buyer then the name Tom Smith must appear on the remittance advice. T. Smith or Smith Enterprises are unacceptable.) If the buyers are two individuals, then two names should appear on the contract and two separate remittances should be made by such two persons, in equal amounts. The purchaser has to include the transfer instruction indicating that the purpose of this money is to buy a condominium unit. The bank that receives money in foreign currency will issue the document (Foreign Exchange Transaction Form) which contains the following information:

The transferred amount in foreign currency The transferred amount in Thai Baht The name of money sender The name of money receiver The purpose of transferring

Normally throughout the transfer process, the purchaser has to instruct the gateway bank to identify the name of the sender to be the same as the receiver's. The Land Department will accept the name of purchaser to be either sender or receiver of the transferred money.

**Remark**

If the money receiver is an individual but wants to put the unit in the names of two people, the sender has to instruct the gateway bank to specify the names of two people together with the purpose of buying condominium.

For example:

Mr. Smith transferred money to Mr. John and would like to put down the names of two people, Mr. Smith must also instruct his bank to specify the purpose as being to buy the condominium by both Mr. Smith and Mr. John. In this case, the land department can accept this and permit the transfer.

The Land Department also can accept the transfer even if the sender's name of the receiver's name is not the purchaser's name but the sender should instruct the gateway bank to put the purpose as being to buy the condominium by (Purchaser's name). The amount of money must be equal to or higher than the selling price declared to the Land Department.

Alternatives To Transferring Money To Purchase Koh Samui Property

For the avoidance of any doubt, we recommend wherever possible that Samui property buyers arrange for their local bank to issue the Foreign Exchange Transaction Form for all remittances. In this case you would transfer the funds directly to the Developer's bank account in the prescribed format, and the Developer will arrange for the Foreign Exchange Transaction Form to be issued by the Developer's Bank.

For the buyers convenience, we strongly recommend that you transfer the funds directly to the Developer's bank account, but ONLY do so if you know and trust the developers and know exactly where your money is going. In most cases, the developers will use a third party escrow arrangement typically put together by a local attorney. This is always the most secure way to exchange contracts as the developers are not allowed to access your funds until the title deed on the property has been transferred to you.

Why does the developer need to use Foreign Exchange Transaction Form?

Because the Bank of Thailand controls the flow of foreign currency, every single baht must have a source and a reason. The Land Department must perform in accordance with this regulation. By this restriction, every foreign buyer must transfer money from abroad. Non-residents who sell the condominium and transfer the money out of country do not have to pay the remittance tax (normally the tax is around 30%) In case of transferring money out of the country, the tax-free amount is determined by the initial amount transferred.

Transfer of title deed Documents needed: For Individual Purchaser

Passport (copy if applicable, marriage/divorce certificate including a letter of consent From your spouse if married [Thai Language]). Foreign Exchange Transaction Form or credit note. Power of attorney, if anyone but yourself is representing you, in Thai script with a Notarization by Notary Public or if overseas by the Thai Consulate.

Corporate Documents needed: For Company Purchaser

Certified copy of the certificate of incorporation Certified copy of the memorandum of association Notaries certificate List of shareholders (in English, but must be accompanied by a Thai translation) Minutes of directors' meetings, which have a resolution to sell/purchase the property (specifying name and number and agenda dealing with the finance of the purchase if the company's registered capital is less than the purchase price) Letter of advice regarding specific¬ signature Power of attorney, if the authorized directors do not make the transaction by themselves (Land Department form) Free debt letter Foreign co-owner letter The certified copy of the I.D. Card of the authorized directors The certified copy of the house registration of the authorized directors Title deed of the condominium unit

Thai Visa Requirements

Please note that whilst we believe the below information is accurate, it is recommended to verify requirements with the Royal Thai Embassy before travel.

Many Non-Thai residents require a visa to stay in the country for more than 30 days. However, most African countries require a visa to enter Thailand - Cyprus, Czech Republic, India, Maldives, Oman, Poland, Russia, Saudi Arabia, Taiwan, Ukraine are allowed 15 days under the visa exemption. A Non-Immigrant Visa is valid for up to 90 days, but can be extended for up to a year at a time, depending on eligibility criteria. Retirement visas for individuals over 50 years old are readily available, subject to certain other criteria, tourist visas for stays of more than 30 days and less than 60 days and work permits for those with specific skills can be applied for via the Thai Embassy or consulate in your home country.

Use An Investment Firm Or Relevant Developer To Assist You With The Purchase of Your Koh Samui Property

Well you can't say we didn't warn you that purchasing property in Samui would be extremely complicated which is why we strongly suggest that you use a real estate agent or investment firm to assist you with the purchase of your Samui property. Often times the developer or agent that you are purchasing the property from will do everything they can to make this process as affordable and convenient as possible. After all, it's in their interest to get this property deal done, and they should be more than glad to help you through it. Another reason it is beneficial to use the developer or registered agent, is because they already have the experience and connections to get you through this transaction. Because they've transacted several times before on Koh Samui properties, they know exactly who to go to and for what circumstance. It is very likely that they already have escrow arrangements established and banks in place to handle all of the paper work for you. In many instances, they may even use their company as the "buyer" and then issue shares in the company which then gives you legal ownership. This method of purchase avoids the issue of only being able to purchase 49% of a unit due to Thai law.

Very Important Information You Need to Know Before Investing in Koh Samui Property

Property Development - What's an Entitlement and Why Do I Need it to Build?

What is An Entitlement?

The definition of entitlement with regard to land Development is the legal method of obtaining approvals for the right to develop property for a particular use. The entitlement process is complicated, time consuming and can be costly, but know what you can and can't do with a piece of property is vital to determining the real estate feasibility of your project. Some examples of entitlements are as follows:

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Entitlement Examples:

1. Zoning and zoning variances for building heights, number of parking spaces, setbacks. Your land use attorneys and zoning experts come into play here. My advice is to heavily rely on their expertise and follow their directions to avoid unnecessary delays in your approval process.

2. Rezoning. Depending on the current use allowed for the property, you might need to have the site rezoned which is a complicated process and sometimes cannot be done.

3 Use Permits. You may need to obtain conditional use permits and this goes hand in hand with zoning and zoning variances.

4. Road approvals. Do you need to put in existing roads? Who maintains the roads? Are there shared roads via easements? These are all questions that you need to have the answers to and be prepared to comply with in the regulatory process.

5 Utility approvals. Are utilities available to the site? Do you need to donate land to the city in exchange for utility entitlements? Again, you will need to comply with the municipality regulations and standards.

6. Landscaping approvals. The city planning and Development agencies must also approve your design and landscaping. Your architect and engineers will be most helpful in this area.

Hire an Experienced Development Team:

The best advise is to hire an experienced development team of architects, developers, lawyers, project consultants, civil, soil, landscape and structural engineers and consultants at the onset to help you analyze, review, interpret and advise you regarding design studies, applicable zoning and code requirements, and maximum development potential of the property. Without an experienced team, it is extremely difficult and a lot of time will be wasted in trying to complete the regulatory process because the very nature of the regulatory process is so complicated.

Here is how the process works. First, remember to keep in mind that the process is very slow and frustrating and can take approximately 3 to 12 months or sometimes years depending on how complicated the project is. Part of the reason is that each city planner has different interpretations of their local rules. Today, approvals involve jurisdictions overlapping such as city, county and state and these jurisdictions do not communicate with each other. It is extremely crucial that you establish good working relationships with these planners to obtain your approvals. Again, this is why you need to work with a development team that has already built these relationships with local staff of the local jurisdiction where your property will be developed. These relationships will streamline and help to expedite your approval process. Your experienced team of experts will be able to negotiate issues for you and eliminate additional requests by the local jurisdiction to avoid further delays in obtaining your approvals.

Regulatory Process:

Majority of development projects must go through certain aspects of the entitlement process and some projects will be required to go through several public hearing processes for approval depending on each jurisdiction's rules. To begin, commercial development of land requires a review and approval from the local Development Review Board or Planning Department Review Division. Each municipality has a different name but the functions are similar.

The process starts with obtaining site approval from the local Planning and Development Department. By contacting the local Planning and Development Department Review Division, your expert team will then put together a land use pre-Application which complies with the codes of that particular jurisdiction. By complying with the codes, this will eliminate additional requests by the jurisdiction, further review and extension and unnecessary delays of the approval process. Next a meeting date will be set. You and/or your representatives will meet with the Planning Department to discuss the proposed project and review process. The process includes approval of your site plan, elevations, colors, landscaping, vicinity map, etc. Environmental information will need to be submitted also. There is usually a fee that accompanies the Application. The fees vary from jurisdiction to jurisdiction. If for some reason your site plan is denied, you can appeal to the City Council. The appeal process varies from each jurisdiction. Once you obtain site approval, then you will need design approval, master use permits. The design approval process is where your architect will design the building shell, core layout, exterior appearance, building height, site layout, landscaping concepts, traffic impact, site access and utility layouts and submit them for approval. Neighborhood hearings are generally required for all general plan conditional use permits. You may be required to send out written notice or post information on the site. Normally the City will send notices to the neighbors also. Signs should be placed on the property, and an open house meeting is generally held. Your development team will be instrumental in advising and assisting you so that you have a higher probability of achieving success in obtaining neighborhood approval. Be prepared, even if you comply with the regulatory process codes and regulations, there is always the possibility that the neighborhood may have their own agenda and that the hearings and decisions may not be favorable to your project going forward. This is where your attorneys and the rest of your development team's expertise and participation are crucial.

If wetlands are located on the property you will need special documentation that states whether the Wetlands Act applies or not. If it does, either it will result in significant or insignificant impact as granted by evidence of a permit. Sometimes it is best to set aside or donate the wetlands portion of the property and avoid development issues. Your development team will be able to advise you on the best course of action once they have assessed all the information and reviewed the reports.

Property Development - What's an Entitlement and Why Do I Need it to Build?