Managing Your Intellectual Property

Posted by Jonathon Narvey

The latest seminar hosted by New Ventures BC this week in downtown Vancouver covered some essential information on how companies can protect their intellectual property. The topic included a number of themes, including copyrights, trade-marks, trade secrets and patents. Some highlights from the NVBC seminar, delivered by Roger Kuypers and Doran Ingalls of Fasken Martineau (Disclaimer: none of this ought to be considered official legal advice):

On Copyright

As a general rule, the author or creator of a work is the first owner of copyright. If you’re an employee of a company creating code on instructions of your employee, your code is copyrighted to the owner. If you’re an independent contractor creating the code and don’t have an employee relationship, the contractor owns the copyright. This can be addressed in a contract.

A classic example is a website. The web developer creates what you see. If your contract doesn’t say you own it, you don’t own it (you just have license to use it).

On Copyright and Blogging

QUESTION

I write a blog that’s interesting to my user base. I’m re-posting parts of an article.

ANSWER
Often with blogs you have to accept certain terms before you’re allowed to post. If you want to be sure about what you post and submit, you need to be clear about those terms… There are concepts of fair use. You are allowed to use parts of works if you credit them, depending on what they’re used for. Such as education.

At the end of the day, you are running some risk in re-posting part of an article.

If you’re copying Harry Potter and selling it, that’s obviously infringement. But copying a few sentences for a Harry Potter fan blog and crediting it should be fine.

An overview of the pros and cons of commercializing your Intellectual Property as a licensor:

Licensor- license the technology to others to take it to market (ie. sell the license and sit back and collect checks).- low capital and capability requirements- requires strong IP protection- requires good contracting skills- allows innovators to focus on what they do best

The seminar was very well attended and very educational. Lots of questions were asked and the audience seemed very interested in the topic.

Next week, NVBC is having a networking event instead of a seminar, so that could be THE place to check out on Tuesday, April 20. To those who have already attended some seminars at the SFU Segal School of Business, an important note is that this event will be taking place at Fasken Martineau DuMoulin Offices at 550 Burrard Street.

Company:
New Ventures BC Society
Website:
http://www.newventuresbc.com/
Location:
Vancouver, British Columbia, Canada

Turn your idea into a profitable company by entering the New Ventures BC competition. A "new venture" is a business idea that is economically viable, but has not yet secured significant financing from "outside investors" (ie. investors other than friends, family, and company founders). It must be an innovative product or service involving a new technology. The competition will give you the opportunity to: Join... more

Company:
Fasken Martineau
Website:
http://www.fasken.com
Location:
Vancouver, British Columbia, Canada

Fasken Martineau's Technology and Intellectual Property Practice Group includes lawyers, patent agents and trade-mark agents. All members of the group have extensive experience with business, technology and intellectual property issues. Clients can rely on our individual and collective experience to provide proactive, relevant and timely advice that concerns their unique business and market realities. We work with... more


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Jonathon Narvey

Jonathon Narvey

Jonathon Narvey is a Vancouver-based freelance journalist, website copywriter and author. He is the founder of WRITEIMAGE, a website copywriting services company. Jonathon grew up in Winnipeg, Canada. While he remains proud of his prairie roots, he moved to the west coast of Canada soon after beginning a career as a writer. Mostly, he writes about politics, current events and life in... more




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