Articles Posted in Technology Licensing

AdobeStock_271540240-scaled-e1588957114666-300x198Data privacy has become one of the biggest concerns in the technology sector today. It is not just a matter of good customer service – today, technology companies are subject to a wide array of state, federal, and international laws. These laws govern the use of customer data and require safeguards to protect the privacy of user data. Companies that fail to meet their obligations under these laws can face large fines, administrative sanctions, and irreparable damage to their public image.  It is important for companies to work with an experienced business lawyer to protect user data at every stage of business operations.

The GDPR

The General Data Protection Regulation was adopted by the European Parliament on April 14, 2016. The GDPR is notable for being the most far-reaching data privacy law to be enacted. It protects data that is collected from any individual in the European Economic Area. The GDPR also applies to any business that collects data from any residents of the European Union. Because of this, your company can still be bound by its provisions, even if you conduct business here in California. The other reason California business owners should be familiar with the GDPR is that it served as a model for the California Consumer Privacy Act. The two regulations have many similar provisions.

In the Silicon Valley technology sector, intellectual property is more than just a buzzword. It is an asset with the potential to generate significant income for years to come. Intellectual property includes patents, copyrights, and trademarks. Many employers protect their intellectual property with invention assignment agreements and confidentiality agreements.

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What types of Agreement can be used to protect my company’s intellectual property?

There are many different types of agreements that employers can use to protect their intellectual property. The appropriate one for your business depends on what specific protections your business wishes to enact. An invention assignment agreement is a contract that establishes the employer’s ownership over all creations (including patents, trademarks, copyrights, trade secrets, and other inventions) that are created at the employer’s expense on company time.

Fotolia_106115248_Subscription_Monthly_M-2-300x237Intellectual property is a valuable asset for a business. When a company licenses its IP out to other businesses, it can gain a competitive advantage and also reap the benefits of a lucrative, passive revenue stream.

When dealing with IP, most business owners immediately think of patents.  Patents cover inventions including processes, machines, compositions of matter, designs, and plants.  However, patents are only one type of valuable IP.  There are other types of intellectual property that can be licensed out to increase your business’s revenue.  These include:

  • Trademarks, which protect company or product names, as well as corporate logos, slogans, and other promotional materials; and

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It seems almost once a week there is data breach in the news-Facebook, Experian, Target, Delta Airlines. The list goes on and on. San Jose business owners have a legal obligation to protect their customers’ personal information (also called Personally Identifiable Information or PII). Every business, regardless of the size, should have a privacy policy and measures to safeguard PII. This is especially true if your business collects user information online or stores sensitive employee information.

What is Personally Identifiable Information (PII)?

PII is any information that can be used to identify an individual’s personal identity. There are many definitions, but most often the following list is considered PII:

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Palo Alto business owners are faced with heavy competition in the Silicon Valley, all of which are looking for the best practices, methods, and trade secrets. Some of a company’s most valuable assets can be found in your intellectual property. Each year intellectual property theft costs businesses billions of dollars. If you think your intellectual property might be at risk of being stolen or you can confirm it has been stolen, you need to act fast.

Different Types of Intellectual Property

In order to protect yourself from Intellectual Property theft, a business owner must first define what they need to protect. For example, if the business owners want to secure a method of a certain process, a formula specific to their company, or even lock down a logo and name to fight off competition, there will be different applicable forms of legal protection to consider and utilize. There are several forms of protection, some of them being:

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California is one of the most innovative and creative job markets in the world. Every year, advances in a wide variety of industries reach consumers as a direct result of work done by California employees. Fashion, entertainment, technology – these are just a few of the many industries which develop cutting-edge consumer goods in California. Employers can protect their valuable intellectual property in this creative and fast-paced market by making sure to have their employees sign a non-disclosure agreement. With strategic employment agreements, such as non-disclosure agreements, employers can create legally enforceable protections for their products, designs, developments, and other intellectual property.

What is Intellectual Property?

Intellectual property is a broad term which applies to creations of the mind. It can apply to artistic works, such a manuscripts or songs. It can apply to branding, such as logos, colors, and package designs. It can also apply to designs for inventions and consumer goods. All of these types of intellectual property have value, which is owned by an employer who hired a worker to create them. In some cases, this intellectual property can be a highly valuable asset. Employers should seek out an experienced California Employment Attorney to help ensure they have the correct strategic employment agreements to take precautions to protect their intellectual property.

Applying for a patent can be complex and time-consuming. People who aren’t familiar with the process can run into hurdles that lead to delays and higher costs.

If you’re thinking about applying for a patent, here are a few important questions to consider. Keep in mind, this is a high-level overview and shouldn’t be construed as legal advice.  If you are looking for advice, please call us at 408-441-7500 today.

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Does my product or idea qualify for a patent?

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