The intellectual property landscape is changing all of the time. It can be very difficult for someone not familiar with the law to know whether an idea or other the intellectual asset can be protected in different jurisdictions across the world.
Questions arise as to what can be protected. and if so what that protection might cost. It is possible in many instances to protect written materials such as a manual or a table of results even if the information is readily available in some other form. It is possible to protect the moral rights of artists for example in a visual expression such as a sculpture. Rights in music can be protected. Breeds of plants and other modification of nature can sometimes be protected. Code, circuit layouts and other digital expressions can be protected in some circumstances. Trademarks, even if they are not registered, can be protected. And so the list goes on. The critical point is that before abandoning an idea that something of value which a little property cannot be protected is appropriate to take advice. Conversely, concerns regarding possible breaches of little property should also be taken seriously and carefully assessed.
If the asset it can be protected, a second phase of questions usually relation to whether the cost of protecting the asset outweighs the benefits to be achieved by protecting the asset. We can assist you with assessing the possible costs associated with protecting intellectual property.
One of the most common areas where intellectual property ought to be adequately protected is in the agreements struck with employees and contractors. We are familiar with drafting contracts of employment that cover confidential information, non-solicitation provisions and restraints of trade. Each of these elements can be very important in protecting the intellectual property of company. Conversely we are also familiar with assisting employees in managing their relationships with employers and former employers where there are disputes regarding entitlement to intellectual property.
Intellectual Property risks may also arise in the following circumstances:
- Creation of an invention;
- A joint venture arrangement;
- Use of technology (either owned or not for commercial gain); or
- Protecting your IP after an employee has left a business or organisation.
We can help you with:
- Deeds of Assignment of Intellectual Property;
- Registration of Trademarks;
- Drafting joint venture agreements;
- Confidentiality/Non-Disclosure Agreements;
- Restraint of Trade Agreements.
We can also assist you in identifying whether there is an asset capable of being protected and how that protection might best be achieved. Please do not hesitate to contact us if we can be of further assistance.
To speak to us about legal issues pertaining to your sporting organisation, or if the time has come to review your policies or governance documents for ease of use and legal compliance, please fill out the form below to arrange a consultation.