Asked by the Customer on 09-10-2018 10:38:32
Question posted in the Intellectual Property Law category relating to Western Cape

EXTREMELY URGENT --- KINDLY ASSIST

Good day,

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.

Kind regards,

Sabrina

Posted by Att. Patrick on 09-10-2018 11:40:42

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.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Hi Patrick,

Does full rights include using their wording and or pictures from their website?

Kind regards,
Sabrina

Posted by Att. Patrick on 28-10-2018 20:48:23

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!