Intellectual Property Attorney In Austin, TX Offers Technology And Software Licensing Services
Technology and software licensing entails contractual arrangements where a particular licenser’s intellectual property, such as trademarks, patents, copyrights, service marks, or trade secrets are sold to a licensee. The amount and form of compensation for access to this intellectual property is negotiated in the contract in advance by the parties. Payment, for example, could happen in one lump-sum royalty or could include ongoing royalties, based on production volume. Some agreements can even require a combination of both payment types. American companies frequently license their technology to companies in foreign countries, who plan to sell products internationally. You should always seek legal guidance from a well-known intellectual property attorney in Austin, TX to determine your company’s liability in these types of arrangements.
Utilizing a technology licensing agreement can allow your company to quickly and easily enter a foreign market. It also can pose fewer risks, both legally and financially, than owning a foreign manufacturing facility or creating an entire overseas joint company. Licensing is also a common way around certain barriers when it comes to the export of products. Licensing can be a very smart option for small businesses without vast international trade experience. Technology licensing is also a way to acquire foreign technology. Cross-licensing agreements and grant-back clauses can be used to award rights to upgraded technology that was developed by a licensee. Any potential disputes that come up over licensing issues in Austin, TX should immediately be handled by an experienced intellectual property litigation attorney.
Trademark Prosecution and Brand Protection in Austin, TX
The trademark prosecution process starts immediately upon an application for a service mark or a trademark registration being filed with the USPTO. There is more than one trademark application: a use-based application and an intent-to-use application. Before you can file a use-based application, the trademark or the service mark must be being used in commerce. It is extremely important to correctly determine which type of application you need to file. Filing the wrong application type for your situation could cause major issues for you in the future. A registered trademark or service mark can even be canceled through the litigation process if the incorrect application type was filed. A reputable Austin, TX intellectual property attorney should be always be consulted before you submit any type of trademark or service mark application.
Copyright Registration and Licensing Concerns
Copyright law is what gives the author of an original work that is tangibly fixed in a medium specific rights to that work. These rights include six particular economic rights:
- Preparation of derivative works
- Public display
- Public performance
- Digital transmission of sound recordings
If one or more of these rights are infringed upon, the author of the work is legally permitted to bring a copyright lawsuit in order for the court to enforce their rights. For example, a musician can sue a film studio, if it uses his song on the soundtrack of its movie without his permission. A painter may sue another artist who has added onto one of his existing works since this new work would actually be a derivative work.
According to a law called the first sale doctrine, any person who buys a copy of an artist’s original work can dispose of that copy by selling it to another person. They may also display it, without violating the rights of the original artist/copyright owner. It is important to note, however, that this doctrine does not protect someone who makes an unauthorized copy of the work and distributes it unless those copies are covered because they are considered to be protected under fair use. A book reviewer, for example, is permitted to quote from a book for the purpose of analyzing it. A magazine can then publish copies of that book review under the fair use doctrine. A private individual, however, who makes copies of an entire book after purchasing it and then packages and sells those copies, has infringed upon the author’s copyright. Copyright matters can become quite complicated and always call for the advice of an intellectual property attorney in Austin, TX.
What is Internet Law?
Internet law is the group of laws and regulations that have been created to govern the legal principles and legislation that guide the use of the internet. This is also known as cyber law. Cyber law, uniquely, cannot be narrowed down to any one specific field of practice. It applies principles from several legal areas and governs the creation of websites, internet service providers, the use of trademarks online, domain name disputes, and how websites are linked.
Privacy Law, Protection, and Your Intellectual Property Attorney
Privacy laws are part of the Fair Information Practice guidelines, which were developed by the U.S. Department for Health, Education, and Welfare. There are certain proposed universal principles for the privacy and protection of the data of consumers and citizens:
- There must be a stated purpose for all data collected.
- The information that is collected from a person cannot be shared with other organizations or individuals unless it is legally authorized or the person has given permission.
- All records that are kept on people must be kept current and accurate.
- The individuals must be able to review the data that is kept about them to ensure accuracy.
- Once the data is no longer needed for the stated purpose, it should be deleted.
- Transmission of a person’s data to a potentially unprotected location is not permitted.
- Certain types of data are considered sensitive and cannot be collected.
Privacy law issues are very serious to people whose data could be compromised and to the businesses who face severe penalties for non-compliance. The advice of an intellectual property attorney is worth the investment for any business that handles data in Austin, TX.
Intellectual Property Litigation in Austin, TX
When an intellectual property dispute arises, it can abruptly escalate to expensive litigation. Always seek out a reputable intellectual property attorney in Austin, TX to help to negotiate a solution before entering a court of law.