"Do not go hastily to court..."
An agreement, fairly negotiated and well drafted, can go a long way toward avoiding a legal dispute. Likewise, an unfair agreement, or one that is poorly drafted, or misunderstood, often leads to intractable disputes that result in messy and expensive litigation. Contact us as early in the negotiation process as possible, and we can help to frame a fair agreement. One of the areas that requires the most attention is partnership, shareholder and operating agreements.
Paradies® law will only represent one party in such agreements, and we usually represent the company, not the shareholders, members or partners. In this way, we can prepare agreements that best protect the company and its intellectual property assets, providing advice regarding terms and conditions that can prevent unnecessary litigation in the future, if possible.
Tech Talk, March 2013
Use of intellectual property by others requires a written agreement, in most cases. For example, licensing use of your brand, without a written agreement, risks loss of rights. Licensing of patents, know-how, trademarks and copyrights can bring in additional income and expand your markets, but these types of agreements are intricate and complex, requiring advice of licensing professionals at an early stage of negotiations. Paradies® law helps to draft licensing agreements that are fair to both the licensor and the licensee, while protecting our client's interests. This means that we need to understand the business and legal terms conditions that are important to our clients. Using a firm that understands your unique intellectual property is important when entering into licensing deals.
Does your company own what it thinks that it owns? Transfer of rights in intellectual property usually requires a written agreement. When Paradies® law completes due diligence on IP assets, we often find that companies do not own all of the rights in patents, copyrights, know-how and trademarks that they expected to own. Copyrights are subject to a work made for hire, but the statute that provides for this is narrow when it comes to works created by independent contractors. Other rights are owned only by the original registrant or by a proper assignment of rights, in writing. Don't take your ownership for granted. Paradies® law can give you peace of mind that you do own what you think you own.
Do not go hastily to court; for what will you do in the end, when your neighbor has put you to shame? Debate your case with your neighbor, and do not disclose the secret to another; lest he who hears it expose your shame, and your reputation be ruined. Proverbs 25:8-10