Intellectual Property is a key strategic asset for any business. It is also often among the most vulnerable. Our firm advises clients in developing, and assists them in implementing, a thorough and effective program for protection and management of this key asset. Protecting these assets maintains competitive advantage in the market place and lessens the need for costly and distracting enforcement actions in the future.
The necessary components of any effective intellectual property protection and management program are:
- Identifying a company's intellectual property assets
- Determining which among those assets are of most importance to the business
- Understanding the likely areas of risks to the intellectual property
- Developing and implementing a plan for protecting the intellectual property, including registration and enforcement, where appropriate
- On-going monitoring of threats to a company's intellectual property
- Prompt and comprehensive response to such threats
An intellectual property protection plan will include a combination of policies, procedures, agreements, training programs, and enforcement, depending on the nature of the intellectual property and the potential threats to it. Where necessary and appropriate, we recommend securing patent, trademark, or copyright protection, including registration, as well as counseling related to the maintenance of certain intellectual property as trade secrets.
Working with clients, we assist in the identification of the intellectual property owned by a business and devise and implement essential policies, protocols and procedures, as well as training presentations and materials, for intellectual property protection. We evaluate the feasibility of and recommend other, official protections (such as patent, copyright, or trademark registration). We advise clients on trademark selection and clearance and assist with trademark and copyright registration. We provide referrals to a network of counsel with whom we work for patent application and prosecution as well as "freedom to operate" opinions.
We develop confidentiality and other basic agreements for use with contractors, vendors and customers that secure intellectual property and are tailored to a business, its industry and marketplace, and advise on the intellectual property aspects of employment agreements and employee policies.
Finally, we assist clients with an entire range of enforcement efforts, including infringement and misappropriation investigations, cease and desist letters, licensing programs and litigation.