This document provides an overview of intellectual property (IP) and key considerations for businesses. It discusses the different types of IP including trademarks, copyrights, patents, confidential information, industrial designs, and personality rights. It then covers topics like choosing business names, hiring employees, incorporating the business, websites and social media, doing business with others, IP litigation, and monetizing IP. The goal is to help businesses understand IP, find and protect their IP, and avoid issues down the road.
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
Intellectual Property & Contracting Issues for Web & Graphic Designersdesandro
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
This document discusses protecting intellectual property (IP) for businesses. It defines IP as creative works protected by law, including trademarks, copyrights, patents, and trade secrets. The document outlines the types of IP - trademarks protect brands and logos, copyrights protect artistic works, patents protect inventions, and trade secrets protect commercially useful secrets. It provides examples of common situations that could involve IP issues for businesses.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
This document provides an overview of key concepts regarding trademarks and copyrights. It discusses what trademarks and copyrights are, how to obtain federal registration of trademarks, best practices for using and protecting trademarks and copyrights, and considerations for trademarks and copyrights in business transactions and online.
This document provides an overview of key intellectual property concepts including copyright, trademarks, trade secrets, and licenses. Copyright protects original creative works, trademarks protect brands and source indicators, and trade secrets protect confidential business information as long as secrecy is maintained. Proper registration, notices, and contractual agreements can strengthen protections for these different types of intellectual property.
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
The document provides an overview of intellectual property (IP) types and strategies for protecting ideas as business assets. It discusses timing issues and action items for various IP types, including trade secrets, copyrights, trademarks, patents, and domain names. Common IP acquisition and protection models are presented for different business sizes and industries.
This document provides an overview of intellectual property law basics. It discusses why intellectual property matters economically for the US, common myths about IP, and the main types of IP including trademarks, patents, trade secrets, and copyrights. It also discusses securing, licensing, and enforcing IP rights and provides examples of common IP issues companies may face. The concluding thoughts emphasize that every company has IP assets and a proactive strategy is generally less expensive than a reactive one.
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
Intellectual Property & Contracting Issues for Web & Graphic Designersdesandro
This document provides an introduction to key concepts in intellectual property law, including copyright, trademarks, trade secrets, and contract drafting issues for designers. It defines these concepts, outlines how they are protected and enforced, and discusses best practices for protecting one's own intellectual property. Key topics covered include what qualifies for copyright and trademark protection, how long protections last, registering intellectual property, infringement, and components of effective contracts and non-disclosure agreements.
This document discusses protecting intellectual property (IP) for businesses. It defines IP as creative works protected by law, including trademarks, copyrights, patents, and trade secrets. The document outlines the types of IP - trademarks protect brands and logos, copyrights protect artistic works, patents protect inventions, and trade secrets protect commercially useful secrets. It provides examples of common situations that could involve IP issues for businesses.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
This document provides an overview of key concepts regarding trademarks and copyrights. It discusses what trademarks and copyrights are, how to obtain federal registration of trademarks, best practices for using and protecting trademarks and copyrights, and considerations for trademarks and copyrights in business transactions and online.
This document provides an overview of key intellectual property concepts including copyright, trademarks, trade secrets, and licenses. Copyright protects original creative works, trademarks protect brands and source indicators, and trade secrets protect confidential business information as long as secrecy is maintained. Proper registration, notices, and contractual agreements can strengthen protections for these different types of intellectual property.
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
The document provides an overview of intellectual property (IP) types and strategies for protecting ideas as business assets. It discusses timing issues and action items for various IP types, including trade secrets, copyrights, trademarks, patents, and domain names. Common IP acquisition and protection models are presented for different business sizes and industries.
This document provides an overview of intellectual property law basics. It discusses why intellectual property matters economically for the US, common myths about IP, and the main types of IP including trademarks, patents, trade secrets, and copyrights. It also discusses securing, licensing, and enforcing IP rights and provides examples of common IP issues companies may face. The concluding thoughts emphasize that every company has IP assets and a proactive strategy is generally less expensive than a reactive one.
Intellectual property (IP) is an important business asset that can be leveraged for competitive advantage and increased profits. CEOs should understand their company's IP portfolio to properly direct business strategy. An IP audit identifies a company's patents, trademarks, and other IP rights so their value can be recognized. One company found its IP-protected products had 8% higher margins on average than non-protected products, showing the financial impact of IP. Understanding IP value allows companies to maximize returns from their innovation and creativity.
Patents protect new or inventive processes or products that could be used commercially. To be patented, an invention must be novel, inventive, and capable of industrial application. Key considerations for patenting include conducting a commercial assessment and understanding enforcement is the patent owner's responsibility. Trademarks protect distinctive signs that identify commercial source, like company logos and names. Registering a trademark formally establishes trademark rights but is not required. Copyright automatically protects original creative works and registering provides evidentiary benefits. Design rights protect the visual appearance or aesthetics of a design and registration provides formal rights for a limited term. Professional advice should be sought when working with intellectual property.
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Startup Legal & IP (July2013 Founder Institute)Touraj Parang
Startup Legal Issues Facing Founders. From pre-formation, to incorporation, to IP strategy. What to expect to pay in legal fees and how to save money. Tips on hiring lawyers for your business effectively and efficiently. Technologies mentioned: Markify, http://upcounsel.com,
Touraj Parang explains possibly legal challenges for startups and provides guidance for budding entrepreneurs. Parang covers all sorts of legal myths and prepares founders to approach legal challenges in an informed, strategic manner and properly protect their new company and product.
This content was produced for the 2013 summer semester of the Founder Institute by Founder Institute mentor Touraj Parang, COO of Upcounsel. Follow him on Twitter to learn more:
https://twitter.com/touraj
1) The document provides an overview of intellectual property (IP) rights, including confidentiality agreements, patents, design rights, trademarks, copyright, and database rights.
2) It discusses strategies for claiming, protecting, and enforcing IP rights to gain competitive advantage and deter infringement.
3) Key recommendations include treating IP as a business asset, protecting IP rights, researching applicable rights, getting appropriate advice, and using IP to profit from licensing or selling rights.
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
Watching your invention or any idea to be under someone else’s ownership, be it a book or a machine. So, you start considering the options to get copyright, patent or trademark for your product and legally have the authority. But what should you opt for? Should you trademark your product or get a patent for it? Don’t worry as after reading this guide on Copyright Vs Trademark Vs Patent.
The document discusses various types of intellectual property including trademarks, copyrights, patents, and trade secrets. It provides tips for identifying, registering, protecting, and enforcing different forms of intellectual property. Some key recommendations include performing trademark searches before use, properly using trademark and copyright symbols, registering intellectual property with relevant agencies, documenting first use of trademarks, treating trade secrets confidentially, and using services like Traklight to help identify and store intellectual property.
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
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.
This document discusses intellectual property law and how it relates to the internet. It covers copyright, trademarks, patents, and trade secrets. Key points include that copyright protects original creative works, trademarks protect commercial source indicators, and fair use is assessed using a four factor test. The Digital Millennium Copyright Act created provisions for internet service provider liability and anti-circumvention measures. Overall, the document examines how intellectual property law tries to balance rights of creators with new technologies like the internet.
designing of branding strategy requires considering the legal perspective in branding. In this topic, student will see how important legal factors are in designing branding strategies.
The document discusses intellectual property audits. It provides details on why companies conduct IP audits, how they are conducted, and the typical post-audit activities. An IP audit involves analyzing a company's intellectual property to identify protectable assets and make recommendations. It addresses issues like scope, team roles, and educating managers on IP importance. The audit process involves fact finding, then a report is made identifying IP owned and recommendations. Post activities may include filing for protections and ensuring accurate ownership records. A sample IP audit questionnaire is also provided.
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
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.
Startups commonly make mistakes with intellectual property (IP) that can be costly. Some key IP mistakes startups make include failing to patent products and innovations, not securing ownership of IP developed before incorporation, using IP from previous employers, choosing weak trademarks, and uncontrolled use of open source software in products. These mistakes can result in losing ownership of IP, costly lawsuits, delays, and reduced acquisition values. It is important for startups to seek expert IP advice to avoid costly IP issues in the future.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Intellectual property (IP) is an important business asset that can be leveraged for competitive advantage and increased profits. CEOs should understand their company's IP portfolio to properly direct business strategy. An IP audit identifies a company's patents, trademarks, and other IP rights so their value can be recognized. One company found its IP-protected products had 8% higher margins on average than non-protected products, showing the financial impact of IP. Understanding IP value allows companies to maximize returns from their innovation and creativity.
Patents protect new or inventive processes or products that could be used commercially. To be patented, an invention must be novel, inventive, and capable of industrial application. Key considerations for patenting include conducting a commercial assessment and understanding enforcement is the patent owner's responsibility. Trademarks protect distinctive signs that identify commercial source, like company logos and names. Registering a trademark formally establishes trademark rights but is not required. Copyright automatically protects original creative works and registering provides evidentiary benefits. Design rights protect the visual appearance or aesthetics of a design and registration provides formal rights for a limited term. Professional advice should be sought when working with intellectual property.
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Startup Legal & IP (July2013 Founder Institute)Touraj Parang
Startup Legal Issues Facing Founders. From pre-formation, to incorporation, to IP strategy. What to expect to pay in legal fees and how to save money. Tips on hiring lawyers for your business effectively and efficiently. Technologies mentioned: Markify, http://upcounsel.com,
Touraj Parang explains possibly legal challenges for startups and provides guidance for budding entrepreneurs. Parang covers all sorts of legal myths and prepares founders to approach legal challenges in an informed, strategic manner and properly protect their new company and product.
This content was produced for the 2013 summer semester of the Founder Institute by Founder Institute mentor Touraj Parang, COO of Upcounsel. Follow him on Twitter to learn more:
https://twitter.com/touraj
1) The document provides an overview of intellectual property (IP) rights, including confidentiality agreements, patents, design rights, trademarks, copyright, and database rights.
2) It discusses strategies for claiming, protecting, and enforcing IP rights to gain competitive advantage and deter infringement.
3) Key recommendations include treating IP as a business asset, protecting IP rights, researching applicable rights, getting appropriate advice, and using IP to profit from licensing or selling rights.
This document discusses various topics related to intellectual property and legal issues for businesses. It defines intellectual property as creations of the mind such as inventions, literary works, symbols and images. The key types of intellectual property discussed are patents, trademarks, copyrights and trade secrets. Patents provide exclusive rights to inventors for a limited time. Trademarks protect distinctive names, symbols or designs to identify business products/services. Copyrights grant authors exclusive rights over artistic and literary works. Trade secrets provide indefinite protection for confidential business information as long as it remains secret. The document also outlines procedures for obtaining these types of intellectual property protections and other legal topics like licensing, contracts and insurance.
Watching your invention or any idea to be under someone else’s ownership, be it a book or a machine. So, you start considering the options to get copyright, patent or trademark for your product and legally have the authority. But what should you opt for? Should you trademark your product or get a patent for it? Don’t worry as after reading this guide on Copyright Vs Trademark Vs Patent.
The document discusses various types of intellectual property including trademarks, copyrights, patents, and trade secrets. It provides tips for identifying, registering, protecting, and enforcing different forms of intellectual property. Some key recommendations include performing trademark searches before use, properly using trademark and copyright symbols, registering intellectual property with relevant agencies, documenting first use of trademarks, treating trade secrets confidentially, and using services like Traklight to help identify and store intellectual property.
It all starts with an epiphany. Every invention begins with a single “eureka moment” or some “brilliant revelation” that causes the inventor to take action.
These epiphanies become the idea seeds planted by inventors around the world. But we can only wish the process was as simple as adding water and fertilizer and waiting for the ideas to spring to life.
Inventions are not just patents to be hung on a wall. They are the starting point for a new business enterprise. So, not only does the inventor have to figure out how to create a working product or device, they also have to drive it forward, creating a business model that will enable it to survive. And that’s where we come in.
The Inventor Boot Camp will help you focus on what’s important. We will show you ways to leverage your time and resources, eliminate unnecessary work, and direct your energies towards driving your product forward. And most importantly, we will teach you what it takes to become successful.
Key Strategies to Learn
How to perform an early stage benefit/market analysis to decide in advance who your end customer will be. Once you fully understand who your customer is, only then can you begin to piece together your business model.
How to develop a profit-centric mindset, the same thinking used by most successful inventors, to maximize your odds of success.
How to decide if your invention needs to be patented. If it doesn’t, this can save you significant amounts of money.
Who you should be listening to. Advice will come from many sources, but not all of it will be good.
How to best position yourself for funding. Hear it directly from the people who have money to invest.
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.
This document discusses intellectual property law and how it relates to the internet. It covers copyright, trademarks, patents, and trade secrets. Key points include that copyright protects original creative works, trademarks protect commercial source indicators, and fair use is assessed using a four factor test. The Digital Millennium Copyright Act created provisions for internet service provider liability and anti-circumvention measures. Overall, the document examines how intellectual property law tries to balance rights of creators with new technologies like the internet.
designing of branding strategy requires considering the legal perspective in branding. In this topic, student will see how important legal factors are in designing branding strategies.
The document discusses intellectual property audits. It provides details on why companies conduct IP audits, how they are conducted, and the typical post-audit activities. An IP audit involves analyzing a company's intellectual property to identify protectable assets and make recommendations. It addresses issues like scope, team roles, and educating managers on IP importance. The audit process involves fact finding, then a report is made identifying IP owned and recommendations. Post activities may include filing for protections and ensuring accurate ownership records. A sample IP audit questionnaire is also provided.
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
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.
Startups commonly make mistakes with intellectual property (IP) that can be costly. Some key IP mistakes startups make include failing to patent products and innovations, not securing ownership of IP developed before incorporation, using IP from previous employers, choosing weak trademarks, and uncontrolled use of open source software in products. These mistakes can result in losing ownership of IP, costly lawsuits, delays, and reduced acquisition values. It is important for startups to seek expert IP advice to avoid costly IP issues in the future.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
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The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
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Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
2. Overview
By downloading this e-book, you have taken an important step
towards protecting the intellectual property (IP) in your business
and protecting your business from unwelcome IP infringement claims.
Unlike most other introductions to IP that approach the topic as a law professor
would, this practical little guide approaches the topic as a businessperson would. That
is, instead of introducing IP in the form of legal concepts like trademarks, copyrights and
patents, it introduces IP in the form of standard business activities: e.g. naming your business,
incorporating your business, hiring employees, entering agreements with others, selling the business
and so on.
Trademarks:
Business names, product names, logos, and in
some cases shapes, sounds, colours, and even
smells used to distinguish your business
from other trade sources.
Copyright:
Software, website content, manuals, music,
photos, etc.
Patents:
Inventions (machines, devices, drugs, etc.).
Confidential Information:
Customer lists, secret recipes, etc. This can also
include information about managing a business
where individual elements might not be
confidential (e.g. franchising).
Industrial Designs:
A shape of, or a pattern applied to a product.
Personality Rights:
Rights in a person’s image or voice, etc.
Every business, no matter how big or small, owns IP. Its IP is often its most valuable set of assets. The IP in a
business includes its name and the brand names of its products and services. It includes the creative
output of its employees. And it includes the information that it has accumulated over years of operation,
including proprietary customer lists, systems and methodologies.
Our goal is to help you understand what IP is, where to find it and what to do with it. That includes creating
IP in your business through branding and innovation; securing ownership of IP through contracts; managing,
administering and registering your IP; enforcing rights in your IP against others; monetizing your IP through
licensing and sale; and minimizing the risks of infringing others’ IP and defending against allegations of
infringement.
The most important takeaway from this guide is not how to distinguish a trademark from a copyright or
a patent but rather how to think about IP early on in your business so you can avoid disruptions or missed
opportunities down the road.
Types of IP
2 | Shift Law
3. Choosing the Right Business
Names and Product Names
Here are some of the key Legal factors to consider when choosing
a name for a business, product or service.
Clearance / Availability:
Choose a name that will not infringe existing trademark rights.
Trademark law prohibits the use of trademarks that are confusingly
similar to trademarks that were previously used by another. It is
always a good idea to investigate the use of similar trademarks
in your industry before adopting a trademark.
Protect-ability / Register-ability:
A trademark must be distinctive of a single trade source (e.g.
PEPSI). It can be suggestive, but not descriptive (or mis-descriptive)
or laudatory (e.g. THE BEST).
Protecting a Trademark
Use – Trademark rights (i.e. rights to exclude others from
using the same, or a similar name) are acquired through use
or registration. Consistent use in commerce is required to
maintain trademark rights – “Use it or lose it”.
Register – Registration gives you the right to exclude others
from using or registering a similar name with similar products
or services anywhere in Canada and is a powerful weapon
in litigation. Budget $1800 to $2300 to cover all anticipated
services for a straightforward application from filing
through registration.
Enforce – Trademark rights only exist so long as the trademark
is distinctive. So they need to be ”policed”. This requires you
to take steps to prevent others from using your trademark or a
confusingly similar trademark whether they pose a competitive
threat to you or not.
“Intellectual property is
harder to recognize than a tangible
asset like a vehicle. And it’s harder to
maintain and to prevent from being stolen.”
– John Simpson, Principal of Shift Law
3 | Shift Law
4. Hiring
Intellectual property is typically created by employees and contractors.
Here are some important IP issues to think about when hiring employees, contractors or consultants:
Will they be creating IP for the business? (e.g. websites, social media accounts, software, catalogues,
inventions, product designs, etc.)
• Contractual terms may be needed to assign rights in the IP they create, to you the employer – before they
start (and sometimes after they create it).
• Copyright law treats employees and independent contractors differently. Like tax law it looks to what
they are – not just what they are called.
How much do they need to know about the business to do their job?
• Do not share more about how the business works than is necessary – especially with non-employees.
• Use Non-Disclosure Agreements (NDAs) that clearly identify what is considered confidential.
• Treat proprietary information as confidential: write it down, mark “Confidential”, etc.
What IP are they bringing to the job?
• Ensure that the employee/contractor/consultant/partner has rights to use and disclose the IP that they
bring to the job (e.g. photographs used by third party website developer, software codes used by
programmer, customer database brought over by new employee or business partner etc.).
What IP are they leaving with?
• Make sure that all IP remains with the operator of the business (e.g. corporation or partnership) when an
employee leaves, especially, founders and partners.
• IP should never be controlled by or registered to an individual (unless it’s a sole proprietorship) or a
group or an unincorporated group of individuals.
Incorporating
Make sure that all IP owned by the sole proprietor or other individuals
prior to incorporation (e.g. trade name, brand names, domain names,
rights in NDAs, inventorship rights and licenses, etc.) is assigned
to the corporation as soon as possible.
If the corporation does not own the IP (even if it is authorized
to use it) it may not have rights to enforce against others
– or worse: rights in a trademark may disappear
altogether if the trademark is not used by
its owner.
4 | Shift Law
5. Websites and Social Media
Register domain names with other gTLDs (.ca, .com, .biz, .net, etc.) and social networks – pro-active
prevention against infringing use and cybersquatting.
Clear rights in all website content (photos, copy, layout) with the source (e.g. the developer,
website consultant).
Shelter your business from exposure to infringement liability as much as possible through contracts
and Terms of Use (to developer, and to users for user generated content).
It is easy to find and hard to hide infringing content on the web (stock photos, text, personal images)
and the consequences of infringement can be serious - $$$.
Doing Business With Others
Business partnerships can have tremendous advantages. Ideally, you and your partner have similar visions
for the business and access to different strengths that contribute to a common objective.
If you are both aligned and have a shared passion, it may seem unlikely that your interests could diverge.
In any case, it’s essential to define in writing how you plan to manage your partnership and the intellectual
property that results. Here are some points to keep in mind when doing business with others.
Do not disclose more information about your business than is necessary.
Where necessary, use NDAs.
Do not let others use your trademark without expressed written terms giving you control over its use
(otherwise, rights to enforce against others may be lost).
Ensure that they own rights in the IP that they bring into the relationship and that you will not be liable
if they infringe third party IP rights.
Clarify in writing who owns IP created in the relationship when the relationship is over.
5 | Shift Law
6. IP Litigation
If someone is infringing your IP rights, your best response will depend on a number of factors that an experienced
IP lawyer can discuss with you. It is often best to start by having your lawyer send the infringer a cease-and-desist
letter (or “demand letter”) requesting that they stop their infringing activities or face legal consequences.
A good demand letter will set out in clear terms your demands, the factual and legal basis for your demands
and the factual and legal basis for a lawsuit if the infringer does not comply with those demands. The letter
should detail the rights that the infringer has violated, how you acquired those rights and any damages that
may result from the infringement.
If a demand letter does not yield the desired result, it may be necessary to commence an infringement action.
Most actions settle early on. But if it goes all the way, an action will typically take 2 to 3 years or more to proceed
to trial.
There are other procedural options that will lead to a determination of the dispute before going all the way to
trial. There are strategic implications that come with each of these options that are important to discuss with an
experience IP litigation lawyer.
Questions?
Do you have questions about intellectual property and what it means for your
business? Call us at (647) 361-7533 or send us a note here and we’ll get back to
you within one business day.
About Shift Law
Shift Law is a highly regarded intellectual property and IP litigation boutique. We combine in-depth experience
in trademark and copyright law with a highly accessible, nimble and creative approach to provide our clients
with solid strategic advice, practical solutions and smart, aggressive representation when they need it.
Monetizing your IP
A company’s ability to innovate, compete, and grow sustainably depends on the development of intellectual
property assets. Assets like these can also be leveraged to generate additional revenue, thereby strengthening
profits and reducing risks.
IP can be sold and, in some cases, it can be used as security when borrowing money.
A small business’s IP is often its most valuable asset (and a large portion of the value of the business
as a whole).
It is Important to document and keep track of IP (including rights to use others’ IP under license
– e.g. software licenses) – this can be done through a formal IP audit.
Investors, purchasers, and lenders typically require a “paper trail” connecting all IP associated with the
business to its owner – important to avoid surprises.
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