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9 years ago · by · 0 comments

How to Protect Your Intellectual Property (IP)

How to Protect Your Intellectual Property

Many companies do not know exactly what intellectual property (IP) they may own, while others are uncertain how to protect and maximize these valuable assets. When someone infringes on your IP, it may dilute the ability of consumers to associate your company as the source of your goods and services.

To protect your company, it is important to first understand what is typically included as intellectual property. Generally, it involves a creation of the human mind, such as an invention, literary work or musical composition. The different areas of IP law include trademark (such as service mark, trade dress and trade name), as well as copyright, patent and trade secret.

Why it is Important to Register Your IP

While some intellectual property, such as a trademark or copyright, can be valid and protectable even if it is unregistered, registration offers important and key benefits. Registering a trademark or service mark with the United States Patent and Trade Office (USPTO) serves as constructive notice to the public of your claim of ownership of the mark.

An owner who has successfully registered his mark with the USPTO also receives the following:

  • An incontestable right to use the mark under certain conditions.
  • A rebuttable presumption of the validity of the mark, the registrant’s ownership of the mark, and exclusive right to use the mark in commerce.
  • The ability to seek costs, attorney’s fees, and treble damages (or three times the actual amount of financial losses) in infringement lawsuits.
  • The destruction of the infringing articles.
  • The ability to litigate in federal court.

How to Register Your Trademark and Service Mark

You can file an electronic application to register your company’s intellectual property. The Lanham Act governs federal trademark registration and allows trademark and service mark owners to pay a fee (typically $325) and file an application and verified statement to the USPTO.

Applicants must state when they first used the mark in commerce and include a description of the goods that the mark is connected to, along with a drawing of the mark. In the verified statement, applicants must also state that they believe they are the owner of the mark, that the mark is used in commerce and that no other person has the right to use the mark.

How to Register Your Copyright

Copyright owners who register their work with the United States Copyright Office also receive significant benefit in any subsequent judicial proceeding. A certificate of copyright registration constitutes prima facie evidence of the validity of the copyright and of the facts stated in the certificate. Copyright owners who register their works can also potentially receive statutory damages from an infringer.

Copyright owners can apply online to the United States Copyright Office to register a copyright. The application requires a $35 filing fee and the applicant to provide: name and address, title of the work, the year in which it was created and other preparation and identification information. [According to the USCO website, processing time for an e-filing is generally eight months.¹]

How to Register Your Patent

Patent applications are more complicated than trademark or copyright applications and are often filed by registered patent attorneys experienced in the patent drafting and filing process. A patent applicant must pay a fee (these fees range in amount) and produce an oath, a drawing of the invention and a “specification.” Applicants must state in the oath their country of citizenship and that they believe they are the first inventor of the process, machine, manufacture or improvement.

The specification must contain a written description of the invention and the manner and process of making and using it in a full and clear manner. The specification also must contain one or more “claims” that point out the specific subject matter that the applicants regard as their invention.

Using Written Agreements to Your Advantage

Using, adhering to and enforcing various written agreements can help your company protect and profit from its Intellectual Property (IP). No agreement can accomplish everything but here are some to consider for advancing your IP portfolio.

Non-Disclosure Agreements (NDA): An NDA, or confidentiality agreement, can help keep proprietary or trade secret information private. Among other details, it should plainly state who owns the IP rights associated with the product or service, and who has the right to enforce those IP rights.

Non-Competition Agreements: A non-competition agreement can help lessen the risk that a vital employee will take critical information, such as processes, customer lists or formulas, to a competitor or a start-up company.

Employment Contracts: When an author, artist or designer is an independent contractor or creates work outside the scope of his or her employment, a carefully drafted contract can eliminate potential conflicts by clearly, and broadly, defining the person’s scope of employment and assigning all IP rights generated from his or her work to the employer or hirer.

Licensing Agreements: In a license, one entity grants another permission to use IP rights(s) within a defined time, market or territory. Typically complex, these agreements may contain provisions related to exclusivity, transferability, revocability and warranties.

Download the White Paper on How to Protect and Maximize Your Company’s Intellectual Property >

Get Technology Resources that Can Help You Turn Risk into a Business Advantage >

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9 years ago · by · 0 comments

Emergency Action Plans for When the Unthinkable Happens

No one expects the worst to happen, but sometimes it just does. Whether it is a complete power outage or a fire breaking out in your break room, preparing for the unexpected should be part of your overall safety program.

While prevention should always be your first priority, preparedness may reduce the severity of the event and help maintain your employees’ safety.

Emergency Planning is Your Responsibility

Every company should have a published, well-communicated and practiced emergency preparedness and life safety plan.

The National Fire Protection Association and the Occupational Health and Safety Administration (OSHA) provide codes, regulations and guidance on emergency action and fire prevention plans, including minimum standards. OSHA, in fact, requires a written emergency action plan for workplaces with 10 or more employees. Employers with fewer than 10 employees must still have an emergency action plan, but they may communicate the plan orally to employees.

Of course, a plan is only as good as its effectiveness, when put into action. How would your plan fare in a real emergency? Do your employees know what to do? These are questions to ask before an emergency happens.

Communicating, training and drilling are all essential elements to include in your emergency action plan, and can help make the critical difference in life safety outcomes.

Effective Planning Can Save Lives

In the first critical minutes of an emergency, taking the right steps can help save lives. Planning ahead and maintaining a well-trained emergency team can help make the critical difference.

  • Appoint, organize and train designated staff with their emergency response duties and responsibilities.
  • Document and distribute emergency procedures, including how to notify the fire department, evacuate employees and provide accommodations for those with special assistance needs.
    • Publish instructions for the use of emergency equipment, such as the voice communication system, the alarm system or emergency power supply system.
    • Post procedures for confining, controlling and extinguishing fires.
    • Post procedures for assisting the fire department in accessing and locating the fire.
  • Communicate your evacuation plan to all employees, visitors, vendors and contractors.
  • Distribute the plan to emergency personnel who will be responsible for taking actions to maximize the safety of building occupants, including the fire department and designated emergency management and supervisory staff.
  • Post your evacuation/floor plan exit diagram in clearly visible locations. Assign locations away from the building or job site for employees to gather.
  • Practice drills on a regular basis. Monitor and evaluate drill performance to consider improvements.
    • Include full, partial and shelter-in-place evacuations, designed in cooperation with local authorities, to familiarize employees with procedures.
  • Develop a roll call system to account for all persons and notifications to the fire department of any missing person.

Travelers safety professionals see a broad spectrum of businesses and facilities and understand the plans used to ensure emergency preparedness. Every day, we share our insights with our customers to help keep their businesses, and most importantly, their people, safe.

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9 years ago · by · 0 comments

Why your company needs a business continuity plan

Business continuity planning is one of the most critical components of any recovery strategy.

Companies today face an unprecedented number of exposures.

The frequency and severity of weather-related events seem to be increasing. Reliance on a complex network of technology and supply chains is expanding. Both leave businesses susceptible to a variety of existing and emerging risks.

Managing these risks is key to the survival of any organization.

Why Business Continuity?

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MISCONCEPTION:
“Our people will know what to do in an emergency.”

REALITY: Even the best employees cannot be expected to know what to do when disaster strikes. Leaving each to respond in his or her own way only adds to the confusion of an event. Having a well-documented business continuity plan in advance, and training your employees to follow it, gets everyone on the same page — helping ensure an organized, safe and timely recovery.

Scurich Insurance Services, Watsonville, CA, Business Insurance

MISCONCEPTION:
“We have insurance to cover our losses.”

REALITY: Insurance alone is NOT a business continuity strategy. Proper coverage is a significant and important part of the plan. But it may not fully cover some of the peripheral damages from an event, like loss of customers, loss of market share, or setbacks in development or release of a new product. Consult with your insurance agent to understand what is and is not covered under your policy.

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MISCONCEPTION:
“We don’t have the time to develop a business continuity plan.”

REALITY: Time spent developing and maintaining a business continuity plan is an investment in your company. Your fixed costs will continue after an event whether or not you are open for business. The faster you can return your operations to normal, the more likely you will recover from the event successfully. With so much at stake, your company can’t afford to NOT have a plan.

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MISCONCEPTION: 
“Business continuity and disaster recovery planning are the same.”

REALITY: Business continuity is a proactive plan to avoid and mitigate risks associated with a disruption of operations. It details steps to be taken before, during and after an event to maintain the financial viability of an organization. 

Disaster recovery is a reactive plan for responding after an event. It deals with the safety and restoration of critical personnel, locations, and operational procedures after a disaster, and is a part of business continuity planning.

A business continuity plan is one of the best investments your company can make.

From Hurricane Sandy and 9/11 to the tornadoes in Oklahoma – companies that proactively consider how to respond to events are the first to get back to business, often at the expense of competitors.

A predefined business continuity plan, combined with the proper insurance coverage, maximizes the chance of a successful recovery by eliminating hasty decision-making under stressful conditions. It details how to get businesses back on track after a disruption – in the most thoughtful way possible.

Think your business can withstand a disaster? Think again.

Twenty-five percent of businesses do not reopen following a major event.1 It does not take a major catastrophe to shut down a business. In fact, seemingly minor disruptions compared to widespread natural disasters can often cause significant damage – power failures, broken water pipes, or loss of computer data.

A Travelers study found that 48 percent of small businesses are operating without any type of business continuity plan…Yet 95 percent indicated they felt they were prepared.

  • Is your business continuity plan predominately an insurance policy?
  • Is it predominately an emergency response or evacuation plan?
  • Is it predominately an IT or data recovery plan?
  • Is it something you developed that sits in a binder on a shelf?

If you answered “Yes” to any of these questions, then your business continuity plan may be giving you a false sense of security.

Natural disasters are more common – and costly – than you may realize.

In 2012, nine of the top 10 most expensive world-wide natural disasters happened in the United States. With $77 billion in insured losses worldwide, 2012 was the third costliest year on record. The first was 2011, when $126 billion in insured losses were reported.2

Business continuity planning for a competitive advantage.

An alarming 48% of business owners surveyed by Travelers in 2012 said they have no plan in place. That means business continuity planning is more than smart business – it helps your company remain better positioned to recover from the business interruption, property damage, financial impact, and loss of life that a natural disaster or man-made event may cause.

The time for business continuity planning is now.

Planning for a disruption or catastrophic event should happen when business is going well, not when disaster strikes. Having a pre-defined, well-documented business continuity plan that clearly communicates how your business will respond during an event can help mitigate risk – and is one of the best investments your company can make.

1Source: Insurance Institute of Business & Home Safety; http://www.disastersafety.org/
2Source: Insurance Journal; http://www.insurancejournal.com/news/national/2013/03/27/286235.htm

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9 years ago · by · Comments Off on How does my loss ratio affect business insurance premiums?

How does my loss ratio affect business insurance premiums?

Scurich Insurance Services, CA, Workers CompensationAny new business is considered to be high risk by your insurance company, and the appropriate premiums will be charged. After all, you have not had the opportunity to prove otherwise. As your business becomes more established, though, other factors come into play and help determine your business insurance premiums. Your loss ratio is one such factor that insurance companies take into consideration.

Loss Ratio Explained

The loss ratio can most easily be explained as the ratio between the premiums that the insurance company receives from you compared to the amount of money they pay out as the result of claims to your business. A simplified example that helps you understand how insurance companies look at loss ratio is this:

  • If you pay your insurance company $200 a month, that is $2,400 per year in premiums they receive.
  • Suppose your business is paid $1,200 in covered claims by your insurance company that year.
  • This results in a loss ratio of 50 percent for your insurance company.
  • Your insurance company had a profit from your business of $1,200 since they paid out half ($1,200) of the yearly premium you paid them ($2,400) because of the claims they paid to you ($1,200).

Loss Ratio and Your Insurance Premiums

If your loss ratio is higher than comparable businesses in your industry, you will likely pay higher premiums for your insurance coverage. The same is true if you have one year that is marked by a high loss ratio even if you have shown a low loss ratio during the years prior to that particular year. Your insurance company can help you find the policy that best applies to your own unique business situation.

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9 years ago · by · Comments Off on Are you offering your employees the best benefits possible?

Are you offering your employees the best benefits possible?

silhouettes2Finding — and keeping — great employees is always the challenge of any business. While recruiting and training employees can be an expensive process, it is an investment in the growth and well-being of your company. In order to protect your investment, you need to make sure you are giving your employees the best benefits for their needs.

Health Insurance

Whether you are required by the federal government to provide health insurance to your employees or not, you should offer them the choice. In addition, paying for a certain portion of that health insurance goes a long way toward retaining those high-quality employees you worked so hard to find and train.

Retirement Plans

If you have a young workforce, you might not think that they are concerned about retirement. Even though young people thrive on adventure, it doesn’t mean that they aren’t planning for their retirement. Offering the option to pay into a retirement plan helps your employees plan for their future and makes them feel like you are invested in that with them.

Other Benefits

While other benefits such as life insurance, disability insurance and vision and dental coverage might not be on the must-have list for all of your employees, it is still important to offer them these options. Providing a range of different benefits allows your employees to pick and choose those options that best fit their situation at that time. You will likely find that their choice of benefits changes as their life circumstances change. A 20 year old employee, for example, might not be interested in obtaining life insurance until he becomes a father years later.

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9 years ago · by · Comments Off on Employee Advocacy: How to target and recruit the right employees

Employee Advocacy: How to target and recruit the right employees

peopleEmployees are more than just a warm body in your office. Being able to target and recruit the right ones not only makes your life run more smoothly, they actively bring your company closer to the goals you have set for it. There are three top priorities you need to keep in mind when you need to find an employee to fit your next job vacancy.

1. Position Criteria

The first step to finding the right employee is to know exactly what skills and knowledge you want them to bring to your organization. You also need to determine if this criteria can be obtained with experience, schooling or both. Consider the culture of your company and those attributes that successful employees must have to fit in there.

2. Recruitment Methods

These days, in order to obtain a diverse pool of applicants, you will likely need to advertise utilizing a variety of methods. While newspaper ads have fallen out of favor somewhat due to the rise in popularity of the internet, consider posting your job opening in a variety of different media outlets to capture the attention of as many qualified job seekers as possible.

3. Make Your Job Posting Count

Your job posting is the critical bridge that helps you connect with the right applicants. Partly an advertisement for your business and partly a laundry list of attributes you want the perfect job applicant to possess, your job posting needs to include key information. This includes items such as the opportunities that are available for applicants, what you expect from the person who fills the job opening and a synopsis of your company’s goals.

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Company information

Scurich Insurance Services
Phone: (831) 661-5697
Fax: (831) 661-5741

Physical:
783 Rio Del Mar Blvd., Suite7,
Aptos, Ca 95003-4700

Mailing:
PO Box 1170
Watsonville, CA 95077-1170

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(831) 661-5697

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