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Intellectual Asset Literacy: Implementing IP Education Programs
Patent practitioners need to do better in sharing their expertise with senior executives, managers, and other personnel. Business leaders, economists, and the general public are increasingly aware of intellectual assets and their value. However, few people actually possess intellectual asset literacy, let alone a deeper appreciation of the principles, strategies, and challenges surrounding patents and other IP. There is a need for high-quality IP education initiatives within organizations of all sizes.
Most patent attorneys have had call to deliver an Intellectual Property 101 presentation. The presenter distinguishes between patents, trade secrets, trademarks, and copyrights; discusses novelty, subject matter, and patent bars; and maybe throws in a bit about patent procedure or international filing. Some patent and licensing cheerleading and cautionary tales about product clearance and litigation are also common ingredients. The presentation is usually delivered to product developers with the hope that it will inspire them to submit more invention disclosures, increase the IP department's visibility, and maybe discourage them from common errors (inadvertent triggering of patent bars, failing to consider the IP provisions of contracts, knowingly infringing a competitor's patent, etc.). Unfortunately, IP 101 is insufficient to convey the skills and awareness necessary for success in an innovation-driven economy.
IP education for non-patent practitioners needs to be deeper, conferring on the recipients some real skills and sophistication that will support their job functions. IP education needs to be broader, recognizing that employees throughout an organization are creators, guardians, and the eyes and ears of the IP management function. IP education needs to reach higher; there is no excuse for a CXO who cannot read a patent or understand the full implications of their corporate IP strategy (or lack thereof).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?