Trademarks
A protectable trademark is frequently the best barrier to entry for technology
companies. A protectable trademark is the best way to protect a company’s
marketing investment and the good will generated in the market place.
Any business model that has a component of “we’ll be first
to market” or “we’ll deliver better service”
must possess a protectable trademark or risk losing the advantage. To
obtain a protectable trademark, a proper search, analysis and opinion
is required.
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Copyrights
Most software is protected with a combination of copyright law
and trade secrecy law. (Many companies also use patents to attempt to
protect their software or the processes inherent in the software). A
firm grasp of copyright law is essential to any software or content licensing,
especially when a business model is hinged upon the license of software
from another party.
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Trade Secrets
Many times the best strategy for protecting intangible property
is to keep it secret. Failure to adopt the appropriate policies and procedures
to keep “it” secret can cause you to lose “it”
forever.
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Patents
A patent is a relatively inexpensive means to attempt to protect
the novel aspects of a venture. Although the value of a business method
patent can be debated, the bottom line is that a patent is not very expensive
and it could deliver significant benefits. Most early stage technology
companies apply for one or more patents and many investors like to see
that one or more patent applications have been filed.
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Confidentiality/Nondisclosure Agreements
Even standard confidentiality agreements (frequently referred
to as “NDAs” – nondisclosure agreements) have exceptions
big enough to drive a truck through so that they remain “signable”
by both parties without protracted negotiations. A good form NDA is a
basic tool of business, and knowing when a customized NDA is needed in
certain transactions can be the difference between moving the business
forward and dropping it in the sewer by accident.
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Website Terms of Use
Appropriate
Website terms of use is a must for all companies offering any good or
service over the Internet. |
