Exploiting and Protecting your Valuable Assets, Including Intellectual Property and Technology Rights | Services

Exploiting and Protecting your Valuable Assets, Including Intellectual Property and Technology Rights

Reliance on a software developer or service provider that may be in financial difficulty

It is not unusual in tough economic times for a software developer to experience financial difficulty. Software development is labour intensive making it important that the developer has a steady cash flow to meet payroll. You may be faced with a request for more cash to keep your developer afloat and your project alive. You should look into the financial health of your developer and consider your options and protections. Do you have a source code escrow? Have you checked if the code deposited is up to date?

Additionally, you will want to make sure that your software licence agreements, as well as all other outsourcing agreements, are drafted in such a way that you will not lose your ability to terminate the agreement if your service provider begins to face financial difficulties. For more information on how to manage relationships with outsourced service providers and the possible risks that can exist when dealing with a service provider that is facing insolvency click to see our presentation "The Impact of Insolvency on Outsourcing Transactions”.

Employee inventor compensation in the UK – A new dawn?

On 11th February 2009, Mr Justice Floyd handed down a groundbreaking decision in the English Patents Court: the first ever court award of compensation to employee inventors under the UK Patents Act 1977. Although the judge characterised his approach as ‘conservative’, the sums were not insignificant: £1m to one inventor and £500,000 to the other.

Even more surprisingly, this was a decision under the stricter test for patents applied for prior to January 2005. The less strict test, under legislative amendments introduced in 2005, may therefore be even more likely to result in successful claims than had previously been thought. Employers can expect potential claimants to be encouraged by this development, and should bear in mind that UK employees may be entitled to compensation in respect of patent rights worldwide under the UK legislation.

Customs Detention: A cost-effective method of enforcing intellectual property in Europe

When it comes to intellectual property rights such as patents, trade marks and copyright, the economic downturn can only mean one thing – cheaper goods flooding the market, many of them infringements of IP rights. Fortunately, Europe offers a powerful enforcement tool for rights holders, in the form of Customs detention. This provides a method of blocking goods at the border without paying a fee, without providing evidence of infringement and without prior judicial process. It is the ideal enforcement tool for the recession. For a discussion of these issues, click to see our bulletin on Customs Detention: A cost-effective method of enforcing intellectual property in Europe.

Important Lessons in Exploiting Your IP Portfolio: Revenue Generation and Reducing Risks

In times of economic uncertainty, it is vital for a company to assess its portfolio of intellectual property assets. A better understanding of the scope and value of one's intellectual property assets can indicate which assets are underutilized, and identify opportunities to exploit undervalued resources. For a discussion of these issues, click to see our bulletin on Important Lessons in Exploiting Your IP Portfolio: Revenue Generation and Reducing Risks.

Mapping out a Patent Strategy in Today’s Economy

In times of economic uncertainty, belt tightening encourages many intellectual property owners to re-evaluate their patent strategies. While the importance and worth of traditionally more "tangible" assets are being re-considered, intellectual property has become more valuable than ever. Innovators and companies must consider how to identify present opportunities, and how best to protect and capitalize on their trade secrets and patent portfolios. For a discussion on mapping out a patent strategy in today’s economy, click on our bulletin on Mapping out a Patent Strategy in Today’s Economy.