Intellectual Property

Intellectual Property License Infringement vs. Breach of Contract

February 23, 2024 | Structure Law Group, LLP

When two parties enter into an intellectual property licensing (IP) agreement, it is not uncommon for disputes to arise regarding licensees using IP outside the scope of a license agreement. Such cases can result in IP litigation that can be extremely costly, and anybody with a possible IP dispute should quickly seek the help of a Texas intellectual property lawyer.

One of the major questions many people struggle to answer is whether a violation constitutes a breach of a license agreement, infringement of IP rights, or license infringement. A licensing agreement typically outlines the terms and conditions for the use of IP as well as the compensation a licensor will receive from a licensee, and a licensee who fails to follow the terms of the contract can allow a licensor to hold the licensee accountable.

Types of Licensing Agreement Violations

10 Key Intellectual Property (IP) Licensing Agreement Terms – What Terms Do You Need in Your Licensing Agreement?

February 16, 2024 | Structure Law Group, LLP

An intellectual property licensing agreement allows a person to retain ownership of a patent, trademark, or copyright but gives another party permission to use some or all of their intellectual property rights for a specific amount of time for a fee or royalty. Intellectual property contracts usually specify termination dates and procedures, and any person trying to craft an intellectual property agreement will want to be working with an Texas intellectual property lawyer.

After you secure your intellectual property rights, it can be more convenient or valuable to let somebody else use the rights in exchange for a fee. Such logic is exactly why intellectual property agreements and contracts exist, but the documents can be complex and may require intensive negotiations.

Key Intellectual Property Licensing Terminology

Protecting My Intellectual Property

May 26, 2023 | Dona Abdo

Intellectual property theft costs businesses billions each year. If you believe that someone is misusing your patent, copyright, or trademark, you need to act quickly to protect your interests. The California intellectual property attorneys at Structure Law Group, LLP discuss how to respond to IP theft issues.

Types of intellectual property

Companies have legal protection over patented designs or processes, trademarks, and copyrights. Trade secrets are something else entirely. Theft of patents, trademarks, or copyrights can result in lawsuits against other companies or individuals.

Due Diligence in Acquisitions: Top 5 Issues to Thoroughly Investigate

May 12, 2023 | Ryan Penhallegon

When any party is in the process of merging or acquiring another company, due diligence is absolutely necessary, and many recent mergers and acquisitions (M&As) cases have demonstrated the importance of conducting thorough due diligence reviews or evaluations. When you are in the process of buying another company, you will want to be sure you seek the help of a Texas business lawyer.

Due diligence activities in any M&A transaction can be very expansive, and the costs of conducting due diligence reviews or evaluations are often justified because performing this work typically means companies can avoid the significant costs associated with not performing due diligence. There are five major issues all due diligence reviews should be sure to focus on.

Target Company Overview

Understanding What Might Constitute Intellectual Property

April 14, 2023 | Structure Law Group, LLP

Here in San Jose, intellectual property (IP) is the most valuable asset many companies own. Individuals, too, have IP rights that must be protected. The San Jose intellectual property attorneys at Structure Law Group, LLP help businesses and individuals protect their intellectual property. The United States Patent and Trademark Office (USPTO) recognizes different tools that can be used to protect different types of IP. Keep reading to learn more about the four distinct types of intellectual property that are recognized by law.

Patents

According to the USPTO, patents are an IP tool used to protect technical inventions. These technical inventions can be chemical compositions, mechanical processes, or machine designs. When a technical invention is protected with a patent, the patent holder may prevent others from using the invention in any way without their permission.

What All Austin Entrepreneurs Must Know About Startup Law

December 9, 2022 | Jared Amory

The term “startup” refers to a company in the initial stages of its operations, usually founded by one or more entrepreneurs aiming to develop a product or service, while having high costs and limited revenue. The first thing any startup founder will need to do is hire experienced Austin startup attorneys for assistance navigating the many challenges that will arise in the early stages of operations.

You will want to have a lawyer working with you early on because it will save you a lot on costs on the frontend, ensure the entity is properly formed and maintained, and establish an effective legal strategy as operations evolve. Make sure you are working with an attorney who understands the complexity of laws relating to startups and the relevant industry.

Early Startup Challenges

When Should I Have My Employees Sign A Non-Disclosure Agreement?

November 18, 2022 | Mark Figueiredo

Most businesses in California have confidential and valuable information to protect. Ensuring its protection is often a vital priority. In the ordinary course of business, companies will enter into numerous consulting agreements, service agreements and strategic alliances. These agreements are best made with the advice of a Los Angeles employment attorney who can help protect proprietary information by drafting enforceable non-disclosure agreements.

NDAs and best practices

The proper use of NDAs and noncompete clauses is to protect your company’s valuable proprietary information. NDAs can be used to safeguard trade secrets, and this is their preferred mode of operation. Nonetheless, if your company wants to protect trade secrets, you must show that you made some effort to protect those secrets. Informing hires that they will have access to proprietary trade secrets and signing an agreement not to divulge those trade secrets makes the effort enforceable and shows your company took measures to protect their intellectual property.

CIO: The New Chief in Charge

November 11, 2022 | Structure Law Group, LLP

In the twenty-first century, information is power. Businesses are facing unprecedented challenges in the race to create, maintain and protect information. These challenges have become painfully obvious in recent years. Business owners have had to move their operations to an entirely remote format while still maintaining cybersecurity. Cybersecurity has been breached in multiple brazen attacks against some of the country’s largest companies. Information security can no longer be taken for granted by any successful business. The key to success starts with the right human infrastructure within your organization. The right Chief Information Officer can protect your company’s confidential client information, intellectual property, and trade secrets to prevent the legal liability and bad publicity that comes with a data breach.

How Corporate Information Changed During the COVID-19 Pandemic

The global economy has become increasingly interconnected in the early twenty-first. Business moved online as companies have expanded their reach across the world. For most companies, however, these online operations were merely supplemental to a workforce that primarily operated in person. All of that changed with the coronavirus pandemic. Suddenly, businesses were forced to move their operations entirely online if they wanted to survive. Data had to be secured to allow employees to work remotely via Zoom, Skype, WebEx, Facetime, and other video conferencing services. Two+ years into the pandemic, it seems clear that remote work will become more and more popular in the years to come. Businesses must find a way to facilitate this major change while ensuring the security of their data.

Licensing the Rights to My Intellectual Property

September 30, 2022 | Dona Abdo

For many businesses, intellectual property will be their most valuable asset. Licensing your IP to other businesses is a lucrative way to earn a passive income. Patents are the most common way to earn revenue from your IP, but copyrights and trademarks can also earn revenue. Nevertheless, there are pitfalls here and you want to ensure that your interests are protected when you license your IP to another company. In this article, Structure Law Group’s Los Angeles IP attorney will discuss how to protect yourself when licensing out your intellectual property.

IP license agreements and chain of title

Intellectual property is licensed out to another business using a licensing form. The form, which can likely be downloaded somewhere online, creates a contract between you and the licensee for use. However, license templates found online will not necessarily protect your company’s interests when licensing your IP.

Checklist: IP Due Diligence for M&A Transactions

August 26, 2022 | Structure Law Group, LLP

Here is a checklist for buyer’s counsel to use when conducting a legal due diligence review of intellectual property (IP) and information technology (IT) matters as part of a merger or acquisition (an M&A transaction). The checklist covers common areas of due diligence concerning intellectual property (IP) and information technology (IT) matters in relation to a merger or acquisition (an M&A transaction).

When you are preparing for any kind of M&A transaction, you will want to be sure that you retain legal counsel for assistance with many of these concerns. A Silicon Valley business law attorney with Structure Law Group, LLP can be by your side the entire time and ensure that you achieve the most favorable end result.

Common Pitfalls or Deal Breakers