This document discusses protecting intellectual property (IP) rights when working with others. It notes that 80% of IP losses come from employees and contractors, and suppliers and big customers often try to access proprietary information. The key aspects to protect include secrets, the right to use IP, and the right to license IP in the future. Confidentiality agreements should specify who is involved, what information is covered, and time periods. Special attention should be given to contractor agreements, joint development deals, government funding obligations, and marketing agreements to avoid losing IP rights.
Presentation Slides from InfoLab21 and the Intellectual Property Office's event: "Intellectual Property: Value Creation" at Lancaster House Hotel on 14th February 2012.
Slide Deck from 'Start-Up Law 101: Protecting Intellectual Property and Legal Strategy (Formerly: How to Run Your Startup
and Not Get Screwed by Lawyers)' at EntrepreneurTrek Mar 21 at Stanford GSB
AZBIA & Traklight present "New Year, New Business" Open HouseTraklight.com
Traklight organized the New Year New Business event open house with CEI and AZBIA.
5 presenters shared on their legal expertise in the area of intellectual property. Patents, protection, copyrights, business formation, contracts and identification of intellectual property permeated throughout the presenter's discussions.
Russ Yelton (President and CEO of NACET) & Joann McMaster (President of AZBIA)
Mary Juetten (Founder and CEO of Traklight
Juliet Peters (Founding Partner of Becker Peters, PLLC)
Ron Kisicki (registered Patent Attorney and Partner with Woods Oviatt Gilman, LLP)
Ruth Carter (Owner and Attorney of Carter Law Firm, PLLC)
Protecting your new idea can be a very expensive exercise but there are initial steps you can take cost effectively. Clare Griffiths of BeLegal talks through the options based on your future objectives.
Presentation Slides from InfoLab21 and the Intellectual Property Office's event: "Intellectual Property: Value Creation" at Lancaster House Hotel on 14th February 2012.
Slide Deck from 'Start-Up Law 101: Protecting Intellectual Property and Legal Strategy (Formerly: How to Run Your Startup
and Not Get Screwed by Lawyers)' at EntrepreneurTrek Mar 21 at Stanford GSB
AZBIA & Traklight present "New Year, New Business" Open HouseTraklight.com
Traklight organized the New Year New Business event open house with CEI and AZBIA.
5 presenters shared on their legal expertise in the area of intellectual property. Patents, protection, copyrights, business formation, contracts and identification of intellectual property permeated throughout the presenter's discussions.
Russ Yelton (President and CEO of NACET) & Joann McMaster (President of AZBIA)
Mary Juetten (Founder and CEO of Traklight
Juliet Peters (Founding Partner of Becker Peters, PLLC)
Ron Kisicki (registered Patent Attorney and Partner with Woods Oviatt Gilman, LLP)
Ruth Carter (Owner and Attorney of Carter Law Firm, PLLC)
Protecting your new idea can be a very expensive exercise but there are initial steps you can take cost effectively. Clare Griffiths of BeLegal talks through the options based on your future objectives.
Intellectual Property Protection Presentation by Matt Poulsen of Suiter Swanz...mklucks
This presentation lays out basic information and topics for early stage start-ups to consider concerning intellectual property, such as patents, trademarks, and copyrights. For more information and resources, visit www.suiter.com.
Matt Poulsen is a patent attorney and co-owner of Suiter Swantz IP.
He represents clients including large Fortune 500 companies, universities, start-up companies and individual inventors. His practice is generally focused on IP procurement and protection, including U. S. and foreign patent preparation and prosecution, patentability and freedom-to-operate analysis and various trademark, copyright and trade secret matters. Matt also advises clients with respect to various start-up related activities, such early-stage IP strategy.
Matt is admitted to the Nebraska Supreme Court and the U.S. District Court, District of Nebraska, and is registered to practice before the United States Patent and Trademark Office.
"The New Patent Law: What Should Management Do Now?" presented by Ted Sabety, Manny Schecter and Peter Schechter on February 1, 2012 at the CUNY Graduate Center. Event organized by the New York Technology Council.
Your venture needs extreme care when it comes to running it successfully and without hassle. We at legistify work so that startups and entrepreneurs do not suffer legally.
While expert guidance is required for all legal compliances and guidelines here are a few tips you should be thorough with to avoid any ynwanted legal problems.
To know more visit www.legistify.com
Injunctive Relief for Standard Essential Patents by Michael ShimokajiSHIMOKAJI IP
In Realtek v. LSI, the district court for the Northern District of California addressed “whether a holder of patents essential to an industry [*2] standard ("standard-essential patents") may commence an action before the U.S. International Trade Commission ("ITC") pursuant to Section 337 of the Tariff Act of 1930 ("Section 337 action") seeking an exclusion order and injunctive relief against a party practicing that standard without violating its obligation to license the standard-essential patents on reasonable and non-discriminatory ("RAND") terms.” For more information, contact info@shimokaji.com
Third Party software product licenses and services resold by VMware are provided by the manufacturer under its own end user license agreement and services terms.
Download at: https://templateshunter.com/business-operations/end-user-license-agreement-style-17.html
Legal Issues for Bloggers by Donald R. Simon, J.D/LL.M.Steven Chau
Bloggers face a lot of legal issues. More and more citizen journalists are facing defamation and invasion of privacy lawsuits. The presentation will discuss some of the legal issues confronting bloggers, how to avoid common pitfalls, and how to ensure legitimate speech is protected.
This presentation was presented by Donald R. Simon, J.D./LL.M. at the SMCKC March'2011 Breakfast. Donald is a former intellectual property attorney and now business consultant. His firm concentrates in assisting media- and arts-based entrepreneurs.
don@simonbizconsulting.com
Twitter: @simonbizconsult
Web: www.simonbizconsulting.com
Blog: www.ThinkBigKC.co
So you got a patent cease and desist letter. Now what?Jason Schwent
In this Oct. 21, 2014 webinar, “You’ve Got Mail: How Your Company Can Better Respond to Patent Cease and Desist Letters,” Jason Schwent detailed the actions you can and should take after receiving a cease and desist letter concerning allegations of patent infringement.
While patent law cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one. By taking a closer look at the risk involved in such cease and desist letters, companies can better assess the strategies to deal with them.
The Intersection of Bankruptcy and... IP Law (Series: Bankruptcy Intersection...Financial Poise
Intellectual property generally includes patent rights, copyright rights, trademark and servicemark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well a special issues regarding assignment of licenses in bankruptcy proceedings.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/bankruptcy-and-ip-law-2020/
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
Introduction to Intellectual Property (IP)
Presentation includes types of IP - Trade Secrets, Copyrights, Trademarks, Patents; Timing Issues for Protecting IP; and Patent Strategy Models
Intellectual Property Protection Presentation by Matt Poulsen of Suiter Swanz...mklucks
This presentation lays out basic information and topics for early stage start-ups to consider concerning intellectual property, such as patents, trademarks, and copyrights. For more information and resources, visit www.suiter.com.
Matt Poulsen is a patent attorney and co-owner of Suiter Swantz IP.
He represents clients including large Fortune 500 companies, universities, start-up companies and individual inventors. His practice is generally focused on IP procurement and protection, including U. S. and foreign patent preparation and prosecution, patentability and freedom-to-operate analysis and various trademark, copyright and trade secret matters. Matt also advises clients with respect to various start-up related activities, such early-stage IP strategy.
Matt is admitted to the Nebraska Supreme Court and the U.S. District Court, District of Nebraska, and is registered to practice before the United States Patent and Trademark Office.
"The New Patent Law: What Should Management Do Now?" presented by Ted Sabety, Manny Schecter and Peter Schechter on February 1, 2012 at the CUNY Graduate Center. Event organized by the New York Technology Council.
Your venture needs extreme care when it comes to running it successfully and without hassle. We at legistify work so that startups and entrepreneurs do not suffer legally.
While expert guidance is required for all legal compliances and guidelines here are a few tips you should be thorough with to avoid any ynwanted legal problems.
To know more visit www.legistify.com
Injunctive Relief for Standard Essential Patents by Michael ShimokajiSHIMOKAJI IP
In Realtek v. LSI, the district court for the Northern District of California addressed “whether a holder of patents essential to an industry [*2] standard ("standard-essential patents") may commence an action before the U.S. International Trade Commission ("ITC") pursuant to Section 337 of the Tariff Act of 1930 ("Section 337 action") seeking an exclusion order and injunctive relief against a party practicing that standard without violating its obligation to license the standard-essential patents on reasonable and non-discriminatory ("RAND") terms.” For more information, contact info@shimokaji.com
Third Party software product licenses and services resold by VMware are provided by the manufacturer under its own end user license agreement and services terms.
Download at: https://templateshunter.com/business-operations/end-user-license-agreement-style-17.html
Legal Issues for Bloggers by Donald R. Simon, J.D/LL.M.Steven Chau
Bloggers face a lot of legal issues. More and more citizen journalists are facing defamation and invasion of privacy lawsuits. The presentation will discuss some of the legal issues confronting bloggers, how to avoid common pitfalls, and how to ensure legitimate speech is protected.
This presentation was presented by Donald R. Simon, J.D./LL.M. at the SMCKC March'2011 Breakfast. Donald is a former intellectual property attorney and now business consultant. His firm concentrates in assisting media- and arts-based entrepreneurs.
don@simonbizconsulting.com
Twitter: @simonbizconsult
Web: www.simonbizconsulting.com
Blog: www.ThinkBigKC.co
So you got a patent cease and desist letter. Now what?Jason Schwent
In this Oct. 21, 2014 webinar, “You’ve Got Mail: How Your Company Can Better Respond to Patent Cease and Desist Letters,” Jason Schwent detailed the actions you can and should take after receiving a cease and desist letter concerning allegations of patent infringement.
While patent law cease and desist letters can be upsetting and sometimes confusing, there are a series of steps that companies can take to be better prepared in the event that they do receive one. By taking a closer look at the risk involved in such cease and desist letters, companies can better assess the strategies to deal with them.
The Intersection of Bankruptcy and... IP Law (Series: Bankruptcy Intersection...Financial Poise
Intellectual property generally includes patent rights, copyright rights, trademark and servicemark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well a special issues regarding assignment of licenses in bankruptcy proceedings.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/bankruptcy-and-ip-law-2020/
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
Introduction to Intellectual Property (IP)
Presentation includes types of IP - Trade Secrets, Copyrights, Trademarks, Patents; Timing Issues for Protecting IP; and Patent Strategy Models
How To Patent A Prototype In Australia?IPPARTNERSHIP
It's simpler than you may think to file for a patent, but it still takes time, money, and meticulous attention to detail. Here is a description of the patenting process.
As an investor, you are aware of the challenges involved in turning a concept into a finished product. All inventions demand a major time and financial investment, regardless of how tiny, simple, and innovative they are or how complex and tough they are. This frequently results in patent applications. The need for a prototype prior to filing for a patent is one of the crucial factors that many people take into account. In these cases competent patent or trademarking lawyers who can assist you in making these crucial selections as well as handle them on your behalf is needed.
Visit-https://www.ippartnership.com.au/trade-marks.html
Startup America Webinar- 7 Ways to Legally Bulletproof Your StartupRocket Lawyer
This webinar features 7 simple steps startups can follow to legally bulletproof your business! Visit rocketlawyer.com for more information and to get started today.
As a startup team, you create something—whether it’s software, a domain name, business logistics or a reputation—that falls within a class protected by the law. Some classes are protected automatically. Others require going through a registration, application or examination process. Fenwick lawyers Stephen Gillespie and Christopher Joslyn discuss what intellectual property is, why it is important and hot-button issues startups commonly face.
Intellectual Primer For Small Business oct 2011Cognition LLP
The strategic management of intellectual property assets can give SMEs a proprietary market lead, improve their competitive positioning and enhance their enterprise value. It is, therefore, important that small businesses have a proactive approach to stimulate the creation and management of their IP assets. Learn the basics of Intellectual Property (IP) for your small business and how to protect and leverage your IP assets for business success. This session will remove the mystique around patents, trade-marks and copyright and explore how you secure them and what they might cost.
2011 Silicon Flatirons IP (Crash Course) For EntrepreneurersJason Haislmaier
Intellectual Property Crash Course for Entrepreneurs (February 22, 2011) presentation at the Wolf Law Building at the University of Colorado (Boulder, CO)
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
Sheridans' Fashion Master Class: How To Protect Your Brandnicsheridans
Presentation by Sheridans’ dedicated fashion law team on how to protect your brand in terms of copyright, trademarks, design rights and patents. It also includes how to plan ahead, employees and confidentiality, and collaboration.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Effective legal representation of innovators and inventors requires careful thought and consideration. Among other things, care must be taken to properly initiate communications, prepare assignments, and handle subsequent legal disputes. This webinar discusses common legal issues that often arise during the representation of innovators and inventors. It also includes valuable advice from both innovators/inventors and the IP attorneys who represent them.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/legal-issues-for-innovators-inventors-2021/
Similar to Protecting Your Ip With Agreements (20)
Mike Zimmerman, CPA will guide you through the basics and also share information on accounting software that is easy to use for a new business. Your company’s books and financial statements represent a score sheet which tells how you are progressing, as well as an early warning system which lets you know when and why the business may be going amiss. Financial statements and the underlying records will provide the basis for many decisions made by outsiders such as banks, landlords, potential investors, and trade creditors as well as taxing authorities and other governing bodies. The necessity for good, well-organized financial records cannot be over-emphasized. One of the greatest mistakes made by owners of small businesses is not keeping good financial records and making improper or poor business decisions based on inadequate information. An accounting or bookkeeping system is like any tool used in your business; it needs to be sophisticated enough to provide the information you need to run your business and simple enough for you to run it (or supervise the bookkeeper).
For Mike Zimmerman's Bio check out: http://incuba8.com/speaker-michael-zimmerman-principal-yeo-yeo-cpas-business-consultants/
Navigating Trademarks! What Most Entrepreneurs Don’t Know will Kill their Bus...Incuba8
Karen Kimble, Ph.D, JD, discusses the key mistakes entrepreneurs make with regard to trade marks. It is never a good idea to create a product, slap a logo or custom label on your creation, and begin selling to the public. To many small companies have infringed on large company’s trade mark’s and have been taken to court and forced to cease operations, costing the operator precious time and money. Allow Karen Kimble to show you how to do basic trade mark searches and how to safely navigate your product into the marketplace without infringing on other trademarked material.
For Karen's bio check out: http://incuba8.com/karen-kimble/
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
3. WHO: Eighty percent (80%) of IP losses are due to employees and contractors Suppliers are a frequent source of industrial intelligence gathering Big customers often try to work around you LESS PROBLEM: Professionals who need your trust to avoid their own ethical issues: accountants, attorneys
5. WHAT : Protect your secrets and proprietary information Protect your right to use your intellectual property Protect your right to license your intellectual property in the future. Remember to protect information that belongs to others, as well
6. When Before disclosing information to outside parties Follow up with a reminder after disclosure When hiring new employees, consultants or contractors Follow up with a reminder when they leave or when job is completed
7. WHEN: POTENTIAL PATENTS In the US, you cannot disclose or use your patent more than one year before the filing date. PROCESSES cannot be patented, if used more than one year before filing EVEN IF you cannot tell what process was used Outside the US, most countries do not allow ANY disclosure before the filing date. PROCESSES may or may not be patented if used before a patent application is filed. TALK TO YOUR ATTORNEY
8. WHERE Know where your information is Computer? On factory floor? In a proposal? In someone’s head? Control where it goes
9. WHY Protect from copycats! Protect ability to patent or register trademarks and copyrights Stay ahead of the competition Protect future value of any licenses
10. HOW: Work with people you can trust Get confidentiality in writing Review any agreement that the other side drafts very carefully Be specific in describing the type of information that needs to be protected TALK TO YOUR ATTORNEY
11. Confidentiality agreement Also called “Secrecy” or “non-disclosure” agreements Consider WHO, WHAT and WHEN Do not use a standard form without reading it. Insist on getting the agreement signed by someone who have the right authority to represent each side.
12. WHO: Decide who is involved Check all agreements to see who the parties are Look to see who the other side wants to share information or license rights with Be careful of nonspecific “subsidiaries” or “related parties” DO YOU KNOW WHO MIGHT GET THE INFORMATION?
13. WHAT: Decide what to cover Define the project or reason for disclosing Non-public information Ways of combining public information Prohibit USE as well as DISCLOSURE If necessary, include penalty for use Make certain that any confidentiality agreements are specific about what will be disclosed (not “any and all information”) Do you need to prevent reverse-engineering or analyisis?
14. WHEN: IN the Agreement When will you be disclosing information? When will it be okay for each side to disclose or use the information? Until it is disclosed by a third party? Until it is published by the owner? When the owner gives permission? For 2 years? 5 years? 10 years? From when? The end of the project? Can information really be protected forever?
15. PROTECTING YOUR RIGHT TO USE and LICENSE your IP Protect your confidential information Look out for agreements that take away your rights Contractor agreements Joint development agreements Government funding Look out for agreements that allow others to use your rights for free Internet user agreements Marketing or promotion agreements
16. PROTECTING YOUR RIGHTS to YOUR IP CONTRACTORS and CONSULTANTS: BEWARE You do not necessarily own all the IP rights to work they do for you. (Very big companies have made mistakes on this) You and the contractor/consultant do not always have the same rights in every state or country where you operate. A GOOD TIME TO FIND AN ATTORNEY
17. PROTECTING YOUR RIGHTS TO YOUR IP JOINT DEVELOPMENT AGREEMENTS Usually involves existing IP on each side and new IP that the project will create. Protect your existing IP Negotiate future IP Avoid assigning future IP based on inventorship Think in terms of lead times rather than exclusivity
18. PROTECTING YOUR RIGHTS TO YOUR IP UNIVERSITY INVENTIONS: BEWARE Who owns the patents? Many grad students are, or should be, listed on patents Funding a professor will not necessarily get you rights to the patents Many professors have negotiated new spin-off companies Many state universities have legal limits on selling or licensing patents State universities may be protected from Federal IP laws by the 11th amendment
19. PROTECTING YOUR RIGHTS TO YOUR IP GOVERNMENT FUNDING If you decide to seek government funding, read the regulations and laws that apply. Ask the funding agency questions. Generally, US governments funding requires you to commercialize first in the US, and allows the US to use it without royalty Check with the entity you want to work with to understand its obligation to protect your confidential information
20. PROTECTING YOUR RIGHTS TO YOUR IP IP rights can show up anywhere and may not be labeled in a special heading Sales and purchasing agreements, warranties Contract manufacturing Material transfer (sampling or demonstration s) Analytical services Employment (your former employers)
21. PROTECTING YOUR RIGHTS TO YOUR IP Make certain any marketing or promotion agreements have limited times for using your trademarks or copyrighted materials READ any click-through or click-wrap licenses. They are generally enforceable. See what the internet service provider, software company, etc. thinks they own. Determine if that will be acceptable for you.
22. Key points to remember Understand which information is critical to keep confidential or secret. Do not just sign the other sides’ agreement form to get it out of the way. Read it and ask questions. ( Look for IP and confidentiality clauses in all agreements Make friends with one or more IP attorneys
Editor's Notes
Actually, patents, copyrights and trademarks do not protect ideas.Patents allow you to exclude others from making, selling, using or importing your machine, process, or compositionCopyrights allow you to exclude others from copying, performing, or distributing your original work or authorshipTrademarks allow you to exclude others from using marks that designate goods or services.THE ONLY WAY TO PROTECT YOUR IDEAS IS TO KEEP THEM SECRETYou also may need to protect your ideas before you have something that is eligible for patenting, copyright or trademarks.There is most likely information about your business that gives you a competitive edge over similar businesses. You may want to prevent others from using your information by protecting it as a trade secret. You also need to be alert to giving away your rights to your intellectual property by agreements Let’s talk about the who, what, when, where, why and how of protecting your business information.
As you grow your ideas into a business, and as your business grows, you will need to exchange information with others. Before you do, you need to decide if there is a risk the other side learning something that could damage your competitive advantage. You will want to control access to that information, and protect what you do disclose. In addition, if the relationship might result in a new invention, brand idea, software, etc. , you will want to define up front who will own the rights to the new intellectual property.
These are rules of thumb, and may not apply to you. The idea is that IP losses can occur through people you work with on a regular basis.
You want to identify anything that has given you a head start on your business or on which you have spent a great deal of time or money.A good practice is to first, use a list such as this to identify the types of information to protect for each product. This type of list, without any details, is useful for educating employees as to what the company considers important. Then, for each type of information, identify who generates or stores it, where it is located, and the details that are important to keep confidential at a particular point in time. These details are shared only with those who need to know, and should be updated.
In addition to your information, you want to protect your rights to use your own IP and license it in the future. If possible, you will want to limit the ability of the other side to create IP using your information or technology.Final what is to remember to respect the secrets and IP of others.
Obviously you want to alert customers, suppliers, and others of the confidential nature of information, samples, demonstrations, plant operations, financial data, etc. before you give it to them. Label anything you give them beforehand. Get a written confidentiality agreement that covers what you want.You also want anyone who will be working with you to sign an agreement to keep information confidential
You of course want to cover non-public information. You may, or may not have a particular way of using or combining public information. Be clear that you would expect your method to be kept confidential even if the data is public.You want to protect against someone using your information outside the scope of the project.
Put a reasonable limit, such as a year, for projects, and renew as needed. If both parties are working in a particular business or industry, it becomes difficult for them to keep track of the source of their information. Trade secrets do not have an expiration date, however. If you really need a party, especially an employee, to keep something secret forever, you should give them special notice.
We have covered the problem of protecting confidential informationNow I want to touch on how to protect your IP rights in other settings. Sometimes you have someone working with your exisiting IP to create a new workproduct. For instance, you might contract out an employee training program or a marketing campaign. In those cases you want to make certain that you do not lose control of your own IP, and you can make use of what they do for you. You may also want to use government funds to do some development work. You also may be faced with form agreements that try to claim work you do with someone else’s tools or systems. The issue here is to read and understand what you sign, and get help if it is something new.
Under US copyright law, the person who creates the new work is the owner of the new work. There are some exceptions if the person is an employee, but not if they are a contractor or a consultant. The question is whether this will work for you. Probably not. There is also a problem in that many countries, and in fact many states, have different interpretations of contracts dealing with IP. This is a very good time to find an IP attorney with the right background.
Joint development agreements are usually done to solve technical problems. Each side has some existing IP that it want to use. Usually you have some new solution for a customer’s existing product. (However, you could have joint development of a branding strategy, a computer program, etc. ) You want to be able to use your existing IP in other markets and with other customers. Do not give that away.You want to negotiate the future IP ownership and use based on the situation. Often you will want to limit your customer’s use of the IP by market. For instance, you might develop a battery for solar systems, but exclude its use in automobiles or wind systems.They may want to keep you from using the new IP with their competitors. This is fair. But rather than give them exclusivity, think in terms of giving them a lead time, relevant to the market.
We all like universities. Most of us went to one or more.There are several problems for industry in working with universities. The first is who owns the patents. It is not always straightforward. There are professors, grad students, the spin off company, and the university itself. The second is that state universities often cannot be sued for patent infringement. They are protected by the 11th amendment, forbidding the federal government from controlling state government. The risk to you is that in an information-sharing environment, like a university, your IP may be misused; new inventions using your patent may be made; new programs using your code may be written; your trademark or marketing may show up on a website; your photos may show up on facebook. There is also a chance that the grad student will be hired by a competitor.This is a very good time to get good secrecy and/or consulting agreements in place, with all possible parties. Agreements are controlled by state laws. Make friends with the technology office, if there is one. Be patient. These people are often not attorneys and do not have a lot of discretion to change form agreements.
The government is handing out money. Should you take it?Probably, but look at the strings that may be attached.Do you plan to offshore?Are your customers outside the US?Do you want to sell to the government?Are there deadlines that are in place that you can meet?Identify what information you have to give the funding entity. Is it something you want your competitors to have?
Sales and purchasing agreements occasionally have clauses stating that if you cannot supply product, you will license the customer to make material using another supplier, royalty free. Negotiate this one to at least protect your IP.Contract manufacturing agreements occasionally give the contract manufacturer rights to the IP that they develop while making your project. Negotiate this.Material transfer agreements should limit the use of any samples or demonstrations models you send to someone for testingAnalytical services agreements may contain clauses retaining new methods that are developed to analyze or test your product. Negotiate an exclusive license, if necessarySome employment agreements from former employers will contain a time limit AFTER employment (1 or 2 years) during which any inventions will be presumed to belong to THEM. Read agreement from your former employer and those of your employees.
Internet agreements do matter. You all have internet sites. Many of you are using the internet to sell your product. For some of you, the internet may be the main tool for your business. You have heard a little about copyrights and trademarks today on the internet. One of the issues from a patent side is the information you put on the internet. Consider how much technical information you want to convey, either by picture or by text, if you are not able to limit what people will do with it. Product pictures should not show details that would allow copying. Product information should only be enough to get the customer to want to contact you directly.
The key for a new business to remember are these:You will need to identify