The Licensing Journal articles from November 2005

The Licensing Journal archives from November 2005

The top 10 tips for information technology licensing.(Canada)
November 1, 2005... Information technology (IT) license agreements require an awareness of certain risks, issues, and contractual terms. To create effective licenses for both licensors and licensees, it is important to have an understanding of the common legal...

Guide to establishing a subsidiary in China.
November 1, 2005... As China's strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. In order to successfully transact business in China or with Chinese enterprises, foreign...

Protecting trade secrets: maximizing the chances of proprietary information being deemed a trade secret.
November 1, 2005... Shin-Guo Tsai gave notice of his resignation as a design engineer at Volterra, a Fremont semiconductor company, allegedly telling his employer that he was retiring to Taiwan to get married. In fact, Tsai had downloaded information on...

Internet crimes.
November 1, 2005... Attorneys should be aware of Internet crimes for at least two reasons: (1) to counsel clients against walking too close to the edge of the abyss and (2) to gain insight from the US Department of Justice's (DOJ's) prosecution of certain...

Trademark surveillance opportunities for character marks and images.
November 1, 2005... Trademark owners often monitor trademark registries around the world to learn of any possible conflicting character names filed as trademarks by unauthorized parties. Trademark surveillance should also be considered for character likenesses...

Making a strong trademark portfolio a priority.
November 1, 2005... We are all aware of the value that trademarks have to their owners. The importance of enhancing an owner's portfolio of registered marks, however, is not always made a priority. This column discusses why it is essential to strengthen a...

Music licensing.
November 1, 2005... A previous music-licensing column provided an overview of the music-licensing landscape. Certain types of licenses, however, require more in-depth explanation and discussion. At the top of this list is blanket licensing for the performance...

Brand modifications and license agreements.
November 1, 2005... Brands can be used both to indicate the source of the goods and services offered under them (trademark function) and to convey a certain image to consumers (marketing function). Companies often update their brands--particularly their design...

When is enablement not enablement: a double standard.
November 1, 2005... A 2004 decision by the Court of Appeals for the Federal Circuit (Federal Circuit) rocked the academic technology-transfer community when it invalidated a patent, owned by the University of Rochester, for inadequacy of written description...

Insurance coverage for business method patent infringement lawsuits under commercial liability policies.
November 1, 2005... Some courts have been resistant to finding "advertising injury" coverage for any form of patent infringement lawsuit. Nevertheless, policyholders who make diligent inquiry may still find standard form commercial general liability (CGL)...

Effective use of meetings in licensing organizations.
November 1, 2005... With disturbing frequency, I find myself walking into a room only to wonder why I was going in there in the first place. This is obviously the product of a person who is not terribly focused. A comparable product of lack of focus, but on...

Will the IRS impute income in cross-licensing agreements between US and foreign companies?
November 1, 2005... This month's column discusses a recent proposal by the Internal Revenue Service (the Service) to impose a tax and withholding requirement on US companies that enter into cross-licensing agreements (CLAs) with foreign companies. Taxation...