IP Checklist
July 18, 2012 By Stone Lawyers
We frequently find that our clients are unaware of the actual scope and value of their intellectual property assets. A great deal of valuable intellectual property can be hidden in a business. The true value of intellectual property is often only appreciated when it is stolen, or infringed by rivals.
Our intellectual property audits (IP Audit) aim to identify what intellectual property is owned by our clients and how important those assets are to them. Once identified, those items can then be attributed a value, and if required can be transferred, licensed or assigned.
An IP Audit can provide significant competitive advantages as it forms the basis of intellectual property management, exploitation and commercialization. An IP Audit also allows informed decisions to be taken in the event any intellectual property infringement occurs.
1. Have you registered a trademark for your brands and business name for each country in which you do business?
2. Have you registered a design to protect the visual appearance of your products?
3. Do you use Non-disclosure agreements (NDA) or confidentiality agreements before disclosing your valuable intellectual property to third parties?
4. Is your business part of a group of companies?
5. Are your employees subject to a written employment agreement?
6. Have your contractors and suppliers created intellectual property for you? If so, have they assigned that intellectual property to you in writing?
7. Are your contractors subject to a Work for Hire agreement?
8. Does your business have a privacy policy, and is it clearly displayed on your website?
9. Does your business clearly display terms and conditions on its website?
10. Are you in business with others?
11. Are your trademarks and designs registered to your trading entity, or a separate intellectual property holding company under your control?
12. Do you monitor your competitors’ trademark and design applications?
13. Have you lodged Customs Notices for goods bearing your valuable trademark?
14. Have you registered all available variants of your business’ domain name?
15. Do you allow third parties or suppliers to use your business’ intellectual property without a signed License Agreement or Distribution Agreement in place?
ABOUT THE AUTHOR: Richard Stone
Managing Director at Stone Lawyers Australia and Stone Lawyers New Zealand
Copyright Stone Lawyers
More information about Stone Lawyers
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
An IP Audit can provide significant competitive advantages as it forms the basis of intellectual property management, exploitation and commercialization. An IP Audit also allows informed decisions to be taken in the event any intellectual property infringement occurs.
1. Have you registered a trademark for your brands and business name for each country in which you do business?
2. Have you registered a design to protect the visual appearance of your products?
3. Do you use Non-disclosure agreements (NDA) or confidentiality agreements before disclosing your valuable intellectual property to third parties?
4. Is your business part of a group of companies?
5. Are your employees subject to a written employment agreement?
6. Have your contractors and suppliers created intellectual property for you? If so, have they assigned that intellectual property to you in writing?
7. Are your contractors subject to a Work for Hire agreement?
8. Does your business have a privacy policy, and is it clearly displayed on your website?
9. Does your business clearly display terms and conditions on its website?
10. Are you in business with others?
11. Are your trademarks and designs registered to your trading entity, or a separate intellectual property holding company under your control?
12. Do you monitor your competitors’ trademark and design applications?
13. Have you lodged Customs Notices for goods bearing your valuable trademark?
14. Have you registered all available variants of your business’ domain name?
15. Do you allow third parties or suppliers to use your business’ intellectual property without a signed License Agreement or Distribution Agreement in place?
ABOUT THE AUTHOR: Richard Stone
Managing Director at Stone Lawyers Australia and Stone Lawyers New Zealand
Copyright Stone Lawyers
More information about Stone Lawyers
View all articles published by Stone Lawyers
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
