Managing Your Intellectual Property (IP)

11 years ago · by Shawna Kreis · 0 comments

Managing Your Intellectual Property (IP)

When businesses consider Intellectual Property management, they often think about protecting their own assets, in the form of copyrighted material, trademarks, patents and trade secrets. But businesses also need to ensure that they are managing the IP rights of others, according to Kirstin Simonson, a Segment Lead in Global Technology at Travelers. “This is especially true in the technology sector, which faces some of the most complex IP issues,” says Simonson.

One common violation of intellectual property is software copyright infringement. A common scenario may include a company that purchases software licensing rights for 400 employees, and then fails to update the licensing for an additional 100 employees later added to staff. According to a BSA Global Software Survey, they found that 43% of the software installed on personal computers in 2013 was not licensed.¹

Why Businesses Need an IP Risk Management Program

The survey also reported that only 35% of companies have written policies requiring the use of properly licensed software. It also found that there is an awareness gap about software policies between workers and IT managers. Appropriately ensuring the rights of others is an important part of risk management for your organization because IP, in all of its forms, is a critical business asset.

Companies need an IP Risk Management plan because:

They may face legal action for copyright infringement and other IP violations.
They may have to perform an intensive software audit to prove they have resolved the problem.
Use of unlicensed software may put the business at risk for data breaches, data loss or other forms of information security and network security threats.
Laws protecting IP can vary greatly around the world, so it is important to understand which ones apply to your business.

Statistic: 43% of the software installed on personal computers in 2013 was not licensed.

What to Include in an IP Risk Management Program

“Like all risk management, a good IP Risk Management Program needs to be proactive and comprehensive from an enterprise perspective,” says Simonson. “Consider IP rights management as a tool for growth, and not something to consider once the product is out to market.”

An IP rights management program should include:

The ability to track licensing relationships and royalty obligations.
- Companies should consider some form of automated tracking to ensure they are not only managing their own IP rights that are licensed to others, but they are living up to the licensing agreements they have in place with third parties.
Formal clearance procedure and registration strategy.
- Engaging legal counsel to perform an IP search may be appropriate in many instances or at the very least, determining whether there are automated tools that can assist in the process.
- Having a well-defined strategy for determining whether title is clear to the IP, whether it should be registered and how to maintain the registration.
Contracting and licensing agreements should include appropriate provisions.
- Whether it is a work-for-hire arrangement where the IP rights would be assigned to the business or a licensing agreement to use the IP, it is critically important these be spelled out and managed.
Response plan or dispute resolution plan in the event someone challenges your IP rights.
- Just like any peril or loss a business may face, whether it is hurricane, liability allegations arising out of the failure of the product, or a cyber event – a strong response plan when an event happens will save hours and dollars.
Education of all employees of what constitutes IP and how their misuse or mishandling can put the company at risk.
- Train everyone in the company so they understand how they might put the business at risk.

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 >

¹ http://globalstudy.bsa.org/2013/

11 years ago · by Shawna Kreis · 0 comments

Sunset in the Park Runs

Friday
at
5:00pm – 8:00pm

Please come and enjoy a country run in Toro Park at the magical time of day known as sunset.

With cool temps and beautiful shadows on the course, this time of day provides a great opportunity to run a fast cross country race.

Once again we will offer the

Kids one mile, 2.2 mile
High School 3 Mile Challenge
A 4 mile run
A “Sunset Runner” is for those diehard runners willing to race a combine 10k of cross country running by doing both the 2.2 and 4 mile runs with just about a 30 minute break in between.

Come get in a great summer workout and support Hartnell College Cross Country.

This event is open to all ages, abilities, and even dogs!

11 years ago · by Shawna Kreis · 0 comments

How to Protect Your Intellectual Property (IP)

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 >

Source:
¹ http://copyright.gov/eco/

11 years ago · by Shawna Kreis · 0 comments

Protect Your Identity as you Take Online Classes

Any time you get online, including while you take online classes, you run the risk of having your identity stolen. Be vigilant and protect yourself with seven tips.

1. Use multiple email addresses. Separate your school, business and personal email addresses to limit a thief’s access to your information. Change your passwords at least once a month, too.

2. Don’t share information with third parties. Entering a scholarship contest or signing up for a newsletter about careers can be helpful, but will the site sell your name, phone number, or email and home addresses to a third party? Always read the fine print and uncheck the “permission to share your information” box.

3. Use a secure browser as you surf the Internet and make purchases. Start by setting high security options on your browser. Then, shop only at encrypted and secure sites with “https” and a lock symbol on the address bar.

4. Clear the cookies and cache. They store pages you’ve viewed recently and give valuable personal information to anyone with access to your computer.

5. Install spyware protection. Numerous products, including Norton and Kaspersky, protect your computer from keyloggers and other online hijackers. In addition to stopping potential threats, use these software tools to scan your computer for dangers.

6. Avoid spam. Not only does it clutter your inbox, but it can deliver dangerous viruses to your computer. Stop spam by not opening email attachments from people you don’t know or trust. Then, block email addresses from known spam offenders.

7. Share wisely. If you decide to share personal information with a classmate or school-related business, do so wisely. Use your common sense and protect your identity as much as possible by using a pseudonym and concealing your birthday, hometown and other identifiable information.

Online classes advance your career and can be fun. You’ll want to use these seven tips to protect your identity, however. Additionally, consider Identity Protection insurance as an extra layer of security.

11 years ago · by Shawna Kreis · 0 comments

“Exile on Beach Street” The Beggar Kings

Saturday
August 15, 2015

8:00pm 11:00pm

Musicscool Productions; and Guitars, not Guns present a fabulous concert of top local musicians pooling forces to recreate the classic Stones albums “Exile on Main street”, and “Sticky Fingers” !

The group features members and former members of acts like Doobie Brothers, Quicksilver Messenger Service, Moby Grape, Destroy the Night, White Album Ensemble, Steve Marriott, Le Strange, Tsunami, and many more. This will be a show by the same production team, and in the grand tradition of the White Album Ensemble, and Destroy The Night featuring James Durbin, both sold out Rio Theatre shows. . The accent is in “nailing the vibe” of the music, not the trappings- of the “ World’s Greatest Rock and Roll Bands” ‘ greatest records ( in many opinions) in their original form.

A raffle at intermission will benefit Guitars, not guns, a pro youth, anti violence non profit org.

BUY TICKETS

11 years ago · by Shawna Kreis · 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.