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How Brand as an Intellectual Property has Led to Corporate Globalisation?

Introduction

Globalisation is referred to as a set of profound material changes that have an impact on relations between societies in the past few decades. The identifiable features of these material changes are witnessed in the development and growth of web, satellite transmission, fibre-optic technology, broadband operations, transnational corporations and the emergence of World Trade Organisation.

Globalisation is transformation of how ideas travel and the nature of their final destination leading to increase in international trade thereby increased competition. Firms expand by penetrating established markets to create new markets for their products. This necessitates them to have identity for them by establishing trademarks by way of branding and keep on administering to create value. While expanding and penetrating newer markets; developing, promoting and performing marketing operations using different trade marks for different countries become costlier. The more the countries a trademark is known, the greater is its value and the greater the need to protect the same by registering at the global level. Trademark registration involves not only higher costs but also procedural constraints while registering the same in every country.

Brands have become part of not only an economic market, but also a metaphorical market because they involve and propagate a system of using signs to control meaning and language as brands fulfils several different economic functions.

Identification: On a basic level, it serves an identification function by associating a product with a company.

Communication: More abstractly, it has an informative function, in that it provides a vehicle for the efficient communication of information, thereby reducing consumer search costs in choosing a product. Signaling: The use of branding in advertising also serves a signaling function, in that, it suggests that a company who is willing to expend a substantial sum on its advertising must have developed a good product. Expression: Lastly, branding also serves an expressive function, in the sense that it links a particular consumer identity or essence with a product.

Mega - branding Strategy

Branding involves not just the product name, advertisements, or the use of a logo, but the core assumptions and beliefs that are conjured up when one thinks of the brand. The best brands were those who could generate a certain psychological feeling about the product. Thus, the "brand essence" moved away from a focus on the product and toward a psychological association of the brand with a certain identity. Today, firms undertake "mega-branding" strategy, in which firms devote a substantial portion of their income towards placing their logo on a variety of different products and events, further amplifying the link between psychological, cultural and corporate association. In this way manufacturers control both supply and demand by manipulating consumer trends through the skilful promotion of the brand.

Brand Plan - A Valuable Management Tool

Brand plan is a crucial step in charting a business route to success. A good brand plan provides an overview of where the brand is, how it plans to position or reposition itself, and how it seeks to achieve its business objectives. A well-prepared and regularly updated brand plan is a valuable management tool that serves variety of purposes. It helps examine the feasibility of taking a brand idea to the market. A written brand plan forces a firm to think through all the key issues - such as the potential demand, the nature of the competition, entry barriers, the unique selling proposition, key employees, relevant technologies and strategic partners, raising funds, projected start-up costs, and the like.

A brand plan is a reference document that provides management with an objective basis for determining whether the brand is on track to meet its goals and objectives with the available resources in a set timeframe. Innovation is very important and critical to the future of the brands. Context, Leadership and core values of the brands are the drivers of innovation. One needs to address "What is the current situation of the brand? What threats for survival might exist?", "What is the leadership passionate about? What drives the choices, decisions and behaviour in the organisation? How innovation and creativity improve brand? How this can be strengthened to be considered as a global brand? Customer analysis and brainstorming help generate ideas for innovation. Internal sources and customers are the best sources of ideas.

The World Intellectual Property Organization (WIPO) has initiated and promoted the Madrid Protocol, which establishes a system for the international registration of trademarks to reduce this cost due to multiple registrations in different countries. This protocol is termed as the Intellectual Property Rights. Intellectual Property Rights cover Patents, Trade-marks, Industrial designs, Copy rights & related rights, Geographical indications and Trade secrets & Undisclosed information. Trademarks have become more than a means of protecting market share. They have become an invaluable tool in claiming and creating markets. From just being a trade mark, they become trust marks as brands. According to the author and journalist Naomi Klein, "branded world where the logo is a common language understood by everyone" leading to a shift in corporate marketing strategies: from promoting commodities based on the needs of the marketplace, to promoting a brand to represent a lifestyle thereby create needs in the marketplace. The branding strategy makes the trademark and the socio-cultural identities associated with the mark including the product itself.

Intellectual property in a brand plan becomes critical as business incubator or investors need to understand and accept the coherence of the brand idea including its protection. New or original knowledge and/or creative expression of ideas, protectable by the system of intellectual property (IP), underpin their competitive advantage and success. Therefore, a brand plan should cogently reflect how the firm plans to protect, manage and leverage its intellectual property assets for brand success. Patents for Brands provide exclusivity for the commercialization of inventions and often play a crucial role in convincing investors or lenders. One or more patents along with industrial design registrations reflect as a proof of brands ability to dissuade competitors using original or aesthetically attractive features of the brand. Therefore, a brand plan should integrate intellectual property and reflect the steps that are planned to develop, register and effective use of intangible assets to win and retain market share from competitors.

While integrating intellectual property, operational elements that make the brand innovative like, Challenge, customer focus, creativity, communication, collaboration, completion and contemplation should also be considered.

Issues

The possibility of inadvertently infringing a third party's intellectual property rights is high in high-tech sectors. Confidential information such as details of production, inventions, and technical, financial and marketing know-how is often the source of competitive advantage. Intellectual Property can be a highly valuable asset. Managing and ascribing a value on the balance sheet of the brand will make it more attractive to potential investors. The more the position in the market place is exploited, more the value will be of the property while licensing it or selling the brand.

Conclusion

Administering Intellectual Property is an arduous task for approaching investors and considering the market opportunities for the brand. As the Intellectual Property provides the brand with competitive advantages and increases its value, it is necessary to let the investors know that the intellectual property integrates with the brand plan. Reference to the assets of the brand and its market opportunities should list both the tangible and intangible assets, as the latter are often the key to success of the brand. The growing emphasis on the brand has been paralleled by a massive expansion of property rights in trade symbols. In the past, the law's major emphasis focused on protecting a mark in order to avoid the danger of consumer confusion, or piracy between goods which used similar marks. However, today, the focus has shifted towards trademark protection. In other words, in order to protect their trade marks used in advertisements and logos, firms turn to trademark law, and copyright law. As per the trademarks, 1999, the term mark includes a device, brand, heading, label, ticket, name signature, word, letter or numeral or any combination thereof. The new Trade Marks Act, 1999 has made far reaching changes in the act considering the liberalisation and globalisation of economy. They include particularly the following:

a. Registration of Service Marks

b. Collective marks provided

c. Two parts A & B abolished

d. Well known trademarks protected even if not registered

e. Shape of words can also be registered

Hence, intellectual property law should form a key part of every aspect of a good brand plan.

J. Solomon Prabakar

Intellectual Property Protection: Legal Right Protection

Intellectual property, although intangible, is still ownable and your intellectual property rights should be protected. Modern business, especially since the rise of the internet has seen a rise in the creation of intellectual property. However the internet makes it even easier for someone to steal your ideas and work. An intellectual property lawyer who is trained to help reclaim patent, trademark, copyright and trade secret rights can help protect your intellectual property.

Types of intellectual property include patents, trademarks and trade dress, copyrights, and trade secrets.

Patents

A patent is granted by the government allowing a (usually) 20 year monopoly on an invention previously "not generally known." Patents are intended to encourage investment in research and development. If you create a new useful process for doing something, a machine, manufacture, or even an improvement on something already in existence, you can patent your invention and prohibit others from "making, using, offering for sale, or selling...or importing" the invention in the U.S. Your right to patent your invention is a constitutional right (Article I, section 8).

Patents are subdivided into three groups: design, utility, and plant. Design patents protect innovations in the appearance (although not the structure or function) of an item. Utility patents are for wholly new inventions including machines, industrial processes, compositions of matter, and articles of manufacture. Plant patents cover innovations in plant-life, such as new species of plant created from the reproduction of cuttings and grafts of existing plants.

Patent lawyers will research previously granted patents for you to see if a similar product has already been patented or whether you should apply for a patent for your invention. A patent attorney will also tell you if your idea is not patentable because it is a law of nature, a physical phenomena, or abstract. You should find a specialized patent or intellectual property attorney because in order to prosecute a client's patent application, he or she must be registered with the U.S. patent office. A patent lawyer will also have to have passed a science and engineering exam to better understand and serve clients.

Trademarks

Trademarks are granted for words, names, symbols, or devices which separate and distinguish businesses and services. These include arbitrary names such as Kodak, suggestive names such as Caterpillar (tractors), descriptive names which indicated the business' products or services, and generic names which are descriptive. Generic and some descriptive names cannot be protected, so a trademark or intellectual property lawyer should be consulted to see if your name qualifies for trademark rights.

You can also file an intent-to-use application to reserve a name that will later be trademarked. (This is especially important with the expansion of business on the internet.)

Trademark lawyers can also be sought to make sure that your new business isn't using a registered mark. The consequences for using a registered mark, even though you may have put money and advertising into promoting your business, include being sued for infringement.

Copyrights

Copyrights protect the individual's expression of an idea, but do not protect the idea itself (see patent). Copyrights are intended to promote scientific progress. You can copyright your writing, performance (music, dance), art, sound, compilations. You cannot copyright ideas or uncompiled facts, words, or phrases (these could be registered as trademarks, though, so consult an intellectual property lawyer). If you come up with an idea or invention while working for a company, it is able to be patented or trademarked by the company you work for, but copyrightable work belongs to you, the employee, not the company employing you. However, there are loopholes, and an intellectual property lawyer will help you both with the process of getting your expression copyrighted but will also save you trouble and time in getting over road blocks.

If you are a company, you need an intellectual property lawyer who specializes in copyrights because especially with internet businesses, you will need to make sure that contractually your web site design can be copyrighted to your company and will not belong to the employee or independent contractor who created it. This also applies to software.

Trade Secrets

It is important to protect your business' trade secrets so they will not be misappropriated. Whereas patents have a limited time of coverage and after 20 years are released, trade secrets are always protected. To qualify as a trade secret, it must have independent economic value to the company. For example, the recipe for Coca-Cola is a trade secret, not a patent, and therefore will never be released because without maintaining the secrecy of the recipe, the business would not be able to compete by offering an individual product.

Contact an experienced Intellectual Property Lawyer today.

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Strict Laws and Skilled Attorneys Protect Intellectual Property Rights

If you created it, you own it... except when you don't.

Both national and international laws control who owns "intellectual property," the products of your creative genius. Copyright laws govern written works, the narratives in movies and television broadcasts, and most photographic and cinematographic images and icons. Trademarks, service marks, and the little "r" sign protect corporation's logos and advertising art; in some cases, they even protect the font in the corporation's advertising. Patents protect inventions.

In the age of the internet, however, everything seems to have gone up for grabs, and violations of intellectual property rights happen a million times every minute. The internet has become "The Wild West" of intellectual property rights: Go ahead and stake your claim to your own idea, but watch every black-hat in the known world claim it as his own. Blogs constantly are raided for their good ideas, and "tweets" are re-tweeted with no regard for the original "poet's" rights. Every unauthorized download steals somebody's good idea; every copy of a good design appropriates someone's precious work of art.

If you're still in school, your teachers or professors probably have serious cautions about and severe penalties for plagiarism, by far the most common violation of intellectual property rights. Especially in a college or university, where careers and fortunes depend on the quality of a scholar's ideas, theft of intellectual property represents an extremely serious offense. In the workplace, these rights turn to serious business. Consider, as prime examples, the formulae for popular colas. Their brands depend on their distinctive flavors, and a tiny paper fortress of property protections and safeguards guards those soft drink recipes. In a more quirky example, Harry Caray, longtime voice of the Chicago Cubs, took steps to protect his signature exclamation "Holy Cow!" as his intellectual property, preventing other sportscasters from imitating it without crediting him. Very technically, garage bands should pay for the rights to the songs they cover just as theater producers must pay for the rights to put on new productions of old plays.

Industrial espionage takes questions of intellectual property to their furthest extreme. If the Acme Anvil Company is developing a new carbon-composite anvil guaranteed to fall on the roadrunner every time, Universal Anvil Works certainly wants to see what their chemicals and designs look like-of course, so that Universal can copy and improve upon Acme's product. Even the first hair-brained notion of the new anvil is Acme's intellectual property, and using it without paying for it constitutes theft. In a competitive market, though, free enterprise and warfare have a lot in common.

So, what does an attorney do when he or she specializes in intellectual property? The practice consists of protecting original works and making certain that people pay for "fair use" of a creator's original inventions. Yes, you may Xerox the entire biochemistry textbook...after you pay the copyright holder for the right to copy it. If the publisher catches you bootlegging copies of his biochemistry masterpiece, he can collect both compensatory and punitive damages, because everything about that book right down to the color of the ink and the photo on page 237 belongs to that publisher. The publisher's attorney secured the copyrights, and now the attorney comes after the bootlegger with full force of the law on the publisher's side.

If you are a creative artist of any kind, learn how to protect your intellectual property. If you are a law student, consider specializing in intellectual property rights, because it promises to remain one of the hot areas for all of the twenty-first century.

The intellectual property rights and concerned issues are under hot discussion nowadays, especially in connection with the Internet. Read more about it at our website.

What is Intellectual Property

As a general rule, intellectual property rights are those intangible and tangible bundle of rights of a particular intellectual property asset. Accordingly, the legal system seeks to establish enforceable property rights for the creators of new works. Specifically, intellectual property law grants rights to inventors and innovators so they can profit from their creations.

Generally, intellectual property is broken into different categories which include, but are not limited to, trade secrets, confidential information, patents, trademarks, and copyrights. According to Dallas intellectual property attorneys, intellectual property law conveys different types of rights depending on the type of intellectual property that is developed. For example, with respect to trade secrets, intellectual property law protects the trade secrets and other types of valuable information created by a business.

This would include customer lists and other types of sensitive business information. With respect to trademarks, intellectual property law protects the mark of a business so there is little likelihood of confusion as to a business' particular goods or services. According to attorneys, intellectual property law protects the unauthorized reproduction and distribution of the creation of an authors work.

Pursuant to the current intellectual property law framework, patents basically protect the inventions of inventors. Confidential information is that type of sensitive information that is compiled by businesses. Confidential information is very much like trade secrets.

Of note, in terms of litigation, most defendants accused of misappropriating confidential information such as customer lists often claim that the customer lists can be generated by combing through the phone book. However, there is a distinction between those vendors that can be compiled by looking through the phone book versus those customer lists that have the actual name and number of the vendor who is able to make a decision with respect to a particular purchase.

If you need more information, you should contact a qualified Dallas intellectual property attorney to help navigate through your intellectual property needs.
James Bell

Safeguarding Intellectual Property in the Republic of Panama

Panamanian Intellectual Property Law No. 35 of May 10, 1996, replaced the obsolete legal provisions on Intellectual Property, which were in existence for more than sixty years. This law simplifies the process of registering trademarks and allows for renewal of a trademark for ten-year periods. The law's most important feature is the granting of ex-officio authority to government agencies to conduct investigations and to seize materials suspected of being counterfeited.

This new legislation introduced modem concepts recommended by the World Intellectual Property Organization (WIPO), consistent with the policies of the World Trade Organization (WTO), thus bringing Panama into line with international developments on industrial property, which has reduced the infringement of foreign trademark rights in Panama.

In addition, Panama is party to the following international agreements:

(a) The Trade Related Intellectual Property Rights (TRIPS) contained in the Marrakech Treaty, approved by means of Law No. 23 of 1997;

(b) The Berna Convention approved by means of Law No. 3 of January 3 1996;

(c) World Intellectual Property Organisation (WIPO) Treaty approved by means of Law No. 93 of 15 December 1998;

(d) The General Inter-American Convention for Trademark and Commercial Protection approved by means of Law No. 64 of 1934; and

(e) The Paris Convention, approved by means of Law No. 41 of 1995.

In Panama, differing from other jurisdictions where cases of industrial property are of administrative nature, since 1997, the IP jurisdiction has been removed from the Ministry of Commerce and Industry and given to special courts with exclusive competence to handle IP conflicts (ie, oppositions, cancellations, infringement of trademarks and copyrights, etc). Also, the District Attorneys' office is specialized in the prosecution of IP rights. Since the creation of this specialized jurisdiction within the court system, the proceedings regarding these subjects have been more expedite and owners are allowed to get a better protection of their IP rights in Panama.

The creation of specialized prosecutors for intellectual property-related cases has strengthened the protection and enforcement of intellectual property rights (IPR) in Panama.

Panamanian Intellectual Property Law also includes criminal enforcement and criminal penalties such as prison, which are the most effective methods and procedures in the fight against infringement of intellectual property rights.

Another major difference from foreign jurisdictions is that in Panama custom authorities and administrative authorities from the Colon Free Zone, which have their own special brand register, are empowered by law to retain, inspect and even seize counterfeit goods; in some cases, these institutions may proceed even without the need of a claim or process in case of suspicion of counterfeited goods.

On the other hand, Panama's 1994 copyright law modernized copyright protection and its 2004 update created a special Copyright Office with anti-piracy enforcement powers.

The Republic of Panama is signatory to the WIPO Copyright Treaty and the WIPO Performances and Phonographs Treaty. The copyright office has enhanced border measures and established new punishable offenses, such as for Internet-based copyright violations which have significantly reduced the rate of VHS piracy.

Panama worked through the FTA negotiations with the United States of America to establish a legal regime to combat piracy of audiovisual products over the Internet, including notice and take down provisions and clearly defined Internet Service Provider (ISP) liabilities and copy protection measures.

At the international level, Panamanian government has reinforced the legal framework and institutional arrangements to comply with the existing international treaties, including more effective methods and procedures to all intellectual property matters, such as:

? Administrative enforcement, such as seizure of infringing goods by a customs office;

? Criminal enforcement against the infringer;

? Civil enforcement, in which the right holder, or someone in possession of valid rights, such as an assignee or licensee, takes prescribed legal action, such as in court by filing a civil action against an infringer, and perhaps seeking an injunction;

? Technological enforcement, in which producers of products and services employ technological means to protect IP rights against infringement (for example, encryption of digital copyright works).

? Border measures before the Customs Office and the Colon Free Zone Authority. In order to enforce IP rights, Panamanian Intellectual Property Law grants discretionary powers and faculties to Customs and The Colon Free Zone authorities to conduct investigations and retain any goods suspected of being imitations, including the confiscation of equipment used to manufacture fake goods.

The Attorney General's Office and the Customs Bureau are officially empowered to initiate investigations on Intellectual Property matters.

The Customs Bureau and the Free Zone Administration are duly empowered to keep records of the Panamanian Intellectual Property Registrations for companies willing to protect their intellectual property through barrier measures. GALINDO, ARIAS & LOPEZ offers the service of registering a Panamanian Trademark Registration before the Customs Bureau and the Colon Free Zone.

With the information in the register, the authorities can control and even seize merchandise more effectively at the Colon Free Zone and Customs. These measures take importance because allowing an infringing product to remain on the market will hurt the right-holder's sales and lead to a risk of market confusion.

Some complexities involved in establishing or enforcing IP rights on a cross border/international scale, are time factor and expertise on the part of the authorities. In view of the seriousness of the sanctions involved, which require that decisions be taken as quickly as possible, time is of the essence.

Demanding cessation of infringement only makes sense if a court order can be issued quickly. For this reason, preliminary injunctions play a major part in enforcing IP rights, since these measures are intended to prevent further infringement until the court has decided on the merits of the case.

On the other hand, the demand for a quick procedure, leading to a very tough sanction, requires expertise on the part of the judges. Only judges fully versed in intellectual property matters are prepared to make speedy use of this prohibitory instrument. It is also necessary to ensure the participation of well-trained legal practitioners and attorneys.

Finally, costs are an issue of major practical importance in establishing or enforcing IP rights on a cross border/international scale. With the complexity of these matters, retaining the services of experts, and of specialized legal practitioners in addition to attorneys, imposes a heavy financial burden on the parties. Measures such as taking evidence and carrying out tests and investigations on the infringing goods also involve further costs. In some cases, in Intellectual Property infringement proceedings, the financially weaker party is always in disadvantage.

The United States concluded free trade negotiations with Panama on 2006. This trade agreement will eliminate tariffs and other barriers to goods and services, promote economic growth, and enhance trade between the United States and Panama.

This trade agreement includes a chapter on Intellectual Property. Conventions such as the Madrid Arrangement concerning the International Registration of Marks, and the Patent Cooperation Treaty (PCT) will be mandatory in the Republic of Panama.

The agreement provides for improved standards for the protection and enforcement of a broad range of intellectual property rights, which are consistent with both U.S. standards of protection and enforcement, and with emerging international standards. Such improvements include protections for digital products such as U.S. software, music, text, and videos and; stronger protection for patents, trademarks and test data, including an electronic system for the registration and maintenance of trademarks.

Strengthening and improving Panama's overall regime for the protection and enforcement of intellectual property rights in a broad range of areas was an important objective of the FTA negotiations.

In Panama's climate, businesses are often looking for a way of putting themselves ahead of competitors; many companies lack a clear understanding of exactly what their intellectual property is or what it's worth. Many businesses are unaware of the extent of their intellectual property and the consequences of failing to protect it properly.

Therefore, businesses are realizing the importance of an effective protection and use of intellectual property and companies are seeking expert legal advice to find out the best way to protect their intellectual property and also to understand how best to enforce it.

Some companies are tending to implement measures in order to have an inventory of their intellectual property to determine what the company's intellectual property is, where it is, and what it is worth; and also to understand that managing the company's intellectual property is more than just registering patents and trademarks.

Companies are starting to implement processes to identify intellectual property that belongs to others - such as knowledge and trade secrets of competitors that may accidentally come into their business with new personnel.

Between in-house resources and outside advisors, companies are making sure to cover intellectual property licensing, strategic alliance structuring, counterfeit and grey market tracking, due diligence on partners and employees, registration of patents, copyrights, trademarks and trade secrets, intellectual property valuation and royalty and revenue recovery.

REBECA HERRERA graduated in 1994 from Panama's Universidad Santa Mar?a La Antigua (USMA) with a degree in Law and Political Sciences; she also holds a Master's degree in Law with a focus on private law, earned from the University of Chile (with Honors, 1999).

Rebeca Herrera specializes in the areas of mercantile law, corporate law, mergers and acquisitions, unfair trade practices, public bids and contracts, intellectual and industrial property, and administrative law.

She has worked with a particular focus in the area of intellectual and industrial property, legally representing multinational companies-such as banks, commercial businesses, insurance companies-in judicial and administrative processes before the customs authority of Colon's Free Zone, and legal representations regarding health where such matters have concerned violations of sanitary registry regulations. She has participated in the process of mergers and acquisitions involving the principal banking companies in Panama, as well as insurance companies, and also the execution of legal corporate audits. She is in charge of the firm's intellectual property department.

Rebeca Herrera has held the position of Director of AFP Horizonte - Peru (1997 - 1998), Director and Secretary of Techolit, S.A. (1999 - 2001) and Director and secretary of Fibropan Inc. (1999 - 2001).

She has authored various publications, including "Judicial Intervention in Corporations", "The Judicial and Administrative citation for shareholders' meetings in corporations (comparative analysis of the Panamanian and Chilean legislation)", "Modifications to the Code of Commerce", "Important Issues Regarding Industrial Property in the Republic of Panama", "Customs and Colon's Free Zone Regime on Intellectual and Industrial Property Issues", and "New Panamanian Legislation of Electronic Commerce".

She is a member of the Panamanian Intellectual Property Law Association; International Trademark Association (INTA); Interamerican Intellectual Property Association (ASIPI); ASIPI Trademark Comitte (2007).

Intellectual Property Law

Intellectual Property Law can be quite confusing at times. Copyrights, trademarks and patents all have a role in protecting your hard earned content and knowing their role is half the battle.

Intellectual property in itself refers to the creations of the mind, including such things as: artistic works, literary works, inventions, names, images, symbols, and designs used in commerce. In other words, the intellect that is the possession of an organization or an individual is considered intellectual property.

Intellectual property is divided into two categories, copyrights and industrial property.

Copyrights give the authors of an exclusive work, exclusive rights to that work for a limited amount of time. Copyrights cover such literary and artistic works as novels, poems, plays, films, songs and other musical works, artistic works (drawings, paintings, sculptures and photographs) and architectural designs. Copyrights, which must be renewed periodically, allow the creators of a piece of work, the opportunity to benefit from that piece of work.

Industrial property includes patents, trademarks, industrial designs and geographic indications of source.

Patents give the inventors of a new product, a certain (limited) amount of time in which he/she may prevent others from making, selling or using the invention without authorization.

A trademark is an intellectual property protection which is used to protect the distinctive features that distinguish one product from another. Those features can include such things as: symbols, colors, brands, names, sounds, smells, shapes, and signs.

Fortunately, Intellectual property laws benefit the creator of a property, by rewarding that creator for his/her innovation and creativity. Also, society as a whole benefits from intellectual property laws, by the fact, that these laws encourage creativity, therefore allowing the rest of us to benefit from the wide range of products and services that are produced.

Any violation of a trademark, patent or copyright could constitute the grounds for an intellectual property lawsuit. If you feel that you have been victimized it would be wise to consult a qualified attorney in your area. Find an attorney or law firm, which specializes in intellectual property law. Know your rights and protect them accordingly.

You are welcome to reproduce this article: Intellectual Property Law as long as a live link to www.hugesettlements.com is provided.

The Intellectual Property Audit - Finding What You Have (Part II of V)

One traditional definition of an intellectual property audit is "a cataloging of a organization's intellectual property assets." It is required for an organization to meet its due-diligence requirements for mergers, acquisitions, or other transfers. Today, organizations see an intellectual property audit not only as a balance sheet for intangible assets but also, more importantly, as a self-evaluation that the organization constantly and consistently engages in to determine the value of its own assets, determine how to best capitalize on those assets, and keep abreast of the changing values of its assets in the face of the ever-changing economic and legal ecosphere.

Who Should Conduct an Intellectual Property Audit?

"Intellectual property audit" is perhaps something of a misnomer. It indicates that the audit is a mere counting up of assets, and the person conducting the audit merely adds up the intellectual property found in the organization and reports the value. Nothing could be further from the truth. An intellectual property audit is an inherently legal undertaking , and should therefore be performed by a team consisting of at least an attorney with expertise in the law of intellectual property, either in-house or outside counsel, or by the in-house personnel of the organization, if they have sufficient knowledge of the organization's intellectual property to perform the activities required for an intellectual property audit of the organization. An intellectual property audit is not an accounting function. The intellectual property audit is an assessment of the legal status and value of an organization's intellectual property, especially targeting those areas where the marketing and management goals of the organization and the existing protection of the organization's intellectual property are somehow not well suited to each other. The attorney or attorneys and other team members (the team might consist of the intellectual property attorney and at least one representative from each of the management, marketing and technology areas ; because of the inherent legal significance of the intellectual property audit, at least one member of the team must be an intellectual property attorney) selected to perform the audit should therefore have some expertise with the organization's technology, the marketing and management goals of the organization, and have some familiarity with what is involved in intellectual property protection: prosecution of the registration application, maintenance of the property, and on through defense of the intellectual property through litigation and the appellate process.

When to Conduct an Intellectual Property Audit

When should an organization consider conducting an intellectual property audit? Attorney Leslie J. Lott has identified several appropriate times in the life of an organization for intellectual property audits ; in this subsection, I borrow heavily from her listing and commentary.

New Intellectual Property Management

If the organization has new intellectual property management, the new intellectual property manager should have a thorough intellectual property audit performed to become familiar with the status of the portfolio.

Merger, Acquisition, Significant Stock Purchase

A significant corporate change (merger, acquisition, significant stock purchase) can impact intellectual property ownership; this is another signal for an intellectual property audit.

Transfer or Assignment of Interest in Intellectual Property

A transfer or assignment of intellectual property from one organization to another calls for an intellectual property audit of both organizations' intellectual property. Here, the intellectual property audit allows the organizations to be sure the transfer or assignment meets the interests of both by ensuring that the intellectual property is properly protected and enhances the acquiring organization's existing intellectual property interests, and that the intellectual property does not leave any unplanned vulnerabilities for the organization transferring the interests.

Licensing Program

An intellectual property audit should be performed when an organization sets up an intellectual property license or licensing program, and on a regular basis thereafter. This is important whether the organization is the licensor or the licensee.

If the organization licenses its intellectual property to others, it must of course actually own the intellectual property that it is licensing. Also, there must be no existing licenses that would interfere with the proposed new license.

If the organization is the licensee, obtaining the intellectual property rights of another, the audit determines that the scope and extent of the license to be obtained is adequate for its purposes.

Significant Change in Law

A significant change in case or statutory law may require an organization to re-evaluate its intellectual property.

One such change in statutory law occurred when Congress passed the federal anti-dilution statute. This change in the law significantly impacts the analysis of the potential liability of an organization for infringement of the trademarks of others and also affects the analysis of whether or not others are infringing the organization's rights.

Four examples of case law which arouse the need for an intellectual property audit are the Qualitex case (which deals with the protection of color as a trademark), the Sony case (which deals with the question of whether a device that can be used for copyright infringement is itself an infringement of copyright), the Festo case (which deals with the Doctrine of Equivalents in patent prosecution), and the KSR case (which deals with the concept of obviousness in patent law).

Financial Transactions Involving Intellectual Property

Financial transactions involving intellectual property might include loans, public offerings, private placements, or any other transaction which directly involves an organization's intellectual property, or in which the intellectual property of the organization is or could be significant.

New Client Program or Policy

An organization should conduct an intellectual property audit in connection with new programs or policies, such as an aggressive foreign filing program, new marketing approach or direction, expansion of a product line or services, corporate reorganization, or any other corporate change that could affect the interaction between the organization's intellectual property and the marketplace.

Continued in Part III.

Copyright 2003, 2007, Nancy Baum Delain. All rights reserved.

Nancy Baum Delain, a registered patent attorney, is the managing member of Delain Law Office, PLLC, an intellectual property and business law firm located in Clifton Park, NY. Nancy's expertise lies in patent, trademark and copyright prosecution, contract, licensing, and general business matters. She answers her own phone. Find out more at http://www.ipattorneyfirm.com

Intellectual Property Assignment and License Agreements

An Intellectual Property Assignment and License Agreement is a unique agreement whereby one party, the assignor, transfers to another party, the assignee, rights to their intellectual property, be it in a copyright, trademark, or patent, in exchange for valuable consideration, and in exchange for the assignee assigning back to the assignor a license to use the intellectual property. Thus, in such an arrangement, ownership to the intellectual property rights has been transferred, but the assigning party is still able to use the copyright, trademark, or patent, subject to the terms and conditions of the agreement. Unless stated otherwise, the rights, for the duration of the license at least, are thus non-exclusive, as both parties have the right to use property.

Because the arrangement is so unique, a drafter of an IP Assignment and License Agreement must be sure to carefully state the rights and obligations of each party. The following are the most important areas to address:

1. Assignment - The agreement must first address the parameters of the assignment. This generally involves a full and irrevocable transfer, assign, conveying, and delivering of all proprietary ownership and all other right, title, and interest in and to the property. The assignee should also require further assurances that the assignor will execute all documents and do all other things deemed necessary to perfect, establish, protect, prosecute, defend, and enforce assignee's right to the property, which could include things like filing certain documents with the Federal Government.

2. Compensation - This section must address what the assignee is giving up in exchange for the intellectual property rights. It could be a cash payment, a stock payment, a mixture of both, or some other form of payment altogether. If it is an agreement with a subsidiary company, there may not be any consideration at all. Generally though, the purchase price is substantial for valuable intellectual property rights, as it is not unusual to see hundreds of thousands, if not millions, shares of stock in play.

3. Rights - The actual rights being assigned by Assignor to Assignee must be described here. Intellectual Property rights fall into the categories of copyrights, trademarks, or patents. Many times a company will have a trademark to a name and as well as a patent to that service.

4. License to Assignor - Here the terms of the "license back" to the Assignor should be addressed. For example, this paragraph could state: "In further consideration for the assignment, the assignee will grant to Assignor a worldwide, exclusive, royalty-free right and license for the purposes of making, using, selling, offering for sale, and importing products." The key is to outline the scope of the license, whether it is exclusive or non-exclusive, what territory it covers, and whether there are any limitations on the Assignor's right to use the intellectual property. The agreement must also state the term, i.e. length, of the license.

5. General Provisions - The agreement should address the rules governing the Assignor/Licensee's right to sublicense the property or obligation to refrain from sublicensing the property. The agreement should also address issues such as assignment, waiver, and governing law.

These are the most important provisions involved in an Intellectual Property Assignment and License Agreement. For further information, or to read and download actual Intellectual Property Agreements, please see the Agreements section of this website.

Mark Warner is an Intellectual Property Assignment and License Agreement Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDocs.com.

How to Work With Your Intellectual Property Lawyer

In many small businesses, intellectual property is an overlooked asset. The goodwill from your company name, computer programs you have written, articles, manuals, or books that you have written, logos, advertising copy, methods you have used or processes to create your products or services, all should be closely examined in conjunction with a qualified intellectual property attorney, to decide how much value they are to your business, and how they should be properly protected.

There are many different disciplines under which your intellectual property can be protected. These include copyright, trademark, trade secret, method patents, design patents, product patents, and others. You can also consult with your intellectual property attorney to decide whether or not to extend your intellectual property protection world wide, or just keep it national.

If your business could be impacted by competitors copying your name, your logo, your products, your services, or anything else integral to your business' success, you owe it to yourself, your employees and your shareholders to protect it in the strongest way possible. Fine yourself a good intellectual property attorney with specific knowledge of your particular business genre who can help you "lock down" your investment.

What Should You Look For in an Intellectual Property Attorney?

Intellectual property is a field in which an attorney has to know not only the law, but must also have a sense about the potential client's business goals, practices, and ethical stance. These elements are not always obvious, so it is in the client's best interest to inquire in an initial interview not only how long s/he has been practicing this particular type of law, but also what type of businesses the intellectual property attorney has had experience with, as well as how "gung ho" the attorney is. For example, if your business wishes to take a balanced view of protection, going after only infringers that you feel are causing serious damage, if your intellectual property attorney delights in dropping nuclear bomb style threat letters on indigent college students and little old ladies, perhaps you would do better with an attorney more in line with your personal ethical structure.

Other things to look for in an attorney include whether or not your personal communications style meshes with that of the intellectual property lawyer. A good example is email communication. Email, for many business owners, is a much more efficient and usually cheaper method of communication. As an added bonus, you have a written record of the exchange in case of later misunderstanding. If your business runs on email contact and your attorney uses pen and paper, this may not work out in your best interests.

Once You Find an Intellectual Property Attorney, Then What?

What do you do once you've found your intellectual property attorney? Communicate clearly what your objectives are and let the attorney make suggestions to you as to how to reach those objectives. Intellectual property law is often highly complex and legally technical. If you have questions, ask the intellectual property attorney. If they don't communicate with you, their client, in clear English terms, ask them to. Oftentimes, lawyers forget that they are dealing with non-lawyers and may fall back on legal jargon. If they can't explain concepts to you in a way you understand, perhaps you should find an attorney who will.

On the other hand, you should not expect your intellectual property lawyer to boil 3 years of law school and decades of experience into a fifteen minute "Cliff Notes" summary. As with all things, finding a balance where both of you are comfortable is of great importance.

As a legal client, do not forget that you are in the driver's seat. Your intellectual property attorney can't make business decisions for you. You must weigh his or her advice carefully, then make your decisions as an informed consumer of legal services. Your decisions should feel "right" to you. Insist that your intellectual property lawyer lay out the scenario to you and give you appropriate cost estimates, time estimates, and how the attorney thinks that this action (or inaction) will be of benefit to your business.

What is an Intellectual Property (IP)?

The concept of property is something we all understand. Take real estate. Property is a home, a strip mall, a commercial building or farmland. You can touch it, walk on it and live in it. Pretty simple concept. Property is something real, ergo, real estate.

An intellectual property is different. It usually begins as an idea, takes form and becomes a book, a film, a game, a TV show or something else that people read, watch, play or otherwise recognize. The World Intellectual Property Organization (WIPO) defines intellectual property this way:

"Intellectual property relates to items of information or knowledge, which can be incorporated in[to] tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them. Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents."

An IP differs from real property in several key ways. An IP is the product of imagination - a very difficult thing to measure or define. An IP is more easily stolen, pirated or just plain ripped off. In fact, certain countries in the world have no intellectual property agreements across international borders so you can buy a pirated copy of the latest blockbuster on the streets of Beijing today - BEFORE it premiers in U.S. theaters.

Like a house or other property, an intellectual property can be bought and sold. It happens every day. An intellectual property can be sold lock, stock and barrel, or sold off in parts, which usually delivers increased revenue to the owner of an intellectual property.

For example, rights to a copyrighted book can be sold off in many different formats: North American distribution rights, large-print rights, one-time serial rights, sole source rights, audio-book rights, film rights - the owner of a copyright can sell various types of rights as long as the sale doesn't conflict with rights agreements already in place.

"I Have A Good Idea."

So does everyone else in the world including my Aunt Tilly. But an idea is NOT an IP. You can't copyright or trademark an idea. In fact, if some other innovator comes along with the exact, same idea as your brainstorm, there's nothing you can do about it.

An idea is NOT an intellectual property. An idea becomes an intellectual property when you apply work to it - write it, design it, describe it, code it, or otherwise put some work into that idea. And the more work you put into your idea, the more of an intellectual property you own - an IP that needs protection from theft or infringement.

That protection can take the form of a registered copyright, a patent, a license, a contract or some other defining documentation that describes the parameters of the intellectual property.

That's why it's critical to protect your idea as you give it more and more form. You can copyright a book or film. And as the copyright holder, you own that IP, whether it's a book, video game, movie, webinar, seminar or any other form of media. Without legal protection your intellectual property may be unprotected.

You know the famous smiley face - the one that's burned into all of our brains? Well, the artist who created that ubiquitous icon never registered the copyright for the image and, over time, that smiley face fell in to the public domain, which means anyone can use it. Even an IP lawyer.

It's a Jungle Out There

If you're new to the concept of IP, but you're in the process of creating one, i.e. you're writing a book, coding a computer game, building a website or broadcasting a webinar, you need protection early in the development process.

The world wide web, and all the attendant "new media," have created an insatiable demand for intellectual properties. Today, an IP - a good one - is almost like currency. It can be traded, bought and sold, used to build credibility and trust and generate revenue. And if it's really good, that IP can generate a whole lot of revenue.

However, if you don't know the consequences of selling your copyright to a publisher, if you don't understand the difference between a trademark and a signature mark, if you're unfamiliar with one-time serial rights, you may quickly discover that your IP is no longer your IP.

Intellectual property law is a complex specialty, one few attorneys practice. It involves a variety of media. It entails means of distribution, it crosses international boundaries in this global economy, it engages dealers, publishers, distributors and even rack-jobbers. And if you're engaged in the creative process, chances are you may not even be aware of the value of your IP.

Further, you may not fully understand the risks associated with intellectual properties - especially across international boundaries.

Seek Legal Advice Early

Remember, an idea is just an idea. However, once you've developed that idea and put work into it, giving the idea substance, it needs to be protected with a copyright, patent or other legal document. You own something. But without legal protection, you can very quickly lose that product of imagination forever. Or, end up in court for years battling a deep-pockets IP publisher who's in no rush to settle.

As soon as you begin shaping your idea into an IP, seek legal counsel from an experienced legal firm - a law firm that has extensive experience in IP management, IP development and, most importantly, intellectual property protection.

The earlier you obtain legal counsel during the development phase, the safer you and your IP are. Don't take chances. This is your concept, your vision, your dream.

Consult with an intellectual property lawyer and protect what's rightfully yours.

Protect your future. That IP may be the next big thing, and that would be a terrible thing to lose.

Just ask Harvey Ball. He created the Smiley Face as a freelance artist. He gave that million-dollar IP away.

Jack Yachbes is a New York City attorney who specializes in intellectual property law. He has worked with authors, game developers and other creative individuals to protect their intellectual property rights, distribution rights and other rights related to the ownership of an intellectual property. Jack can be reached at: http://www.jjylaw.com/.

Intellectual Property (IP) Litigation And WIPO

Intellectual property litigation is big business and a challenge that quite often run into millions of dollars. What is it that causes various countries to protect their Intellectual properties? Intellectual property rights are protected for various categories according to the World Intellectual Property Organization (WIPO). The WIPO is a specialized agency of the United Nations that is dedicated to developing a balanced and accessible international intellectual property (IP) system. Nowadays IP Litigation is primarily seen in cases covering patent, trademark/trade dress, copyright, trade secrets and related commercial disputes in the areas of antitrust, unfair competition, trade secrets and other technology related areas such as cyber squatting and domain name disputes. Intellectual properties are protected with the following objectives,

To give moral and economic rights to creations


To give the public right to access the creation


To promote creativity /innovation


Dissemination and application of knowledge


To encourage fair trade


Safeguard public interest

Intellectual property is broadly divided into two categories,

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source;


Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

An International Roundtable on the Economics of Intellectual Property is held every year in Geneva, Switzerland and April 26th is celebrated as the world IP day to increase public understanding of IP. WIPO's vision is that IP is an important tool for the economic, social and cultural development of all countries. This shapes its mission to promote the effective use and protection of IP worldwide. The themes of World IP Day over the years have been as follows,

2001 - Creating the Future Today


2002 - Encouraging Creativity


2003 - Make Intellectual Property Your Business


2004 - Encouraging Creativity


2005 - Think, Imagine, Create


2006 - It Starts With An Idea


2007 - Encouraging Creativity


2008 - Celebrating innovation and promoting respect for intellectual property

The author of this article is John Kessel of Managed Outsource Solutions, a US based company that offers legal outsourcing services in Legal Outsourcing, Legal Transcription for clients across the US.