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Step One: Identify and Protect IP Assets
This foundational step is the prerequisite for a company incorporating any form of knowledge-based assets into its operations. If a company cannot identify the intangible assets that it relies upon, it will not be able to value them and communicate this value to others. Further, once identified, these assets must be protected either as trade secrets, patents, copyrights, or trademarks. As such, a company should have in place a business unit that can control and direct the flow of intangible assets from separate units. Such a unit should also coordinate and communicate with the financial, marketing, and research arms of the company. This level of integration allows a central structure in the business to adequately compile the needed information about these intangible assets and to then direct an IP branding strategy to add further value to these assets. Having an integrated unit also ensures that a discrete IP strategy is not only identified but also instituted. In identifying a company's IP, such a unit should not only identify the technologies that form the core of products or service lines, but also identify those of the company's competitors. Such due diligence should also include identifying the means by which a company's competitors brand their products, the trademarks that they use, the patents that they possess, and the impression such branding has had on the market.
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.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."