Given the critical role that employees and independent contractors play in the creation and access to a business’s intellectual property, the Intellectual Property Practice Group at Crain Caton & James collaborates closely with our colleagues in the Labor & Employment Group. Together, we identify potential IP issues and ensure they are properly addressed in employment agreements, independent contractor agreements, and in the business’s internal protocols.
It may be necessary for every employee to be bound by a formal employment agreement. Such agreements can clearly define the conditions under which intellectual property created by the employee belongs to the employer, and when it remains the property of the employee. These agreements can also set forth the precautions and disclosure requirements necessary to protect trade secrets, ensure patentable subject matter is promptly identified and protected, and specify the employee’s ongoing obligations. Additionally, these agreements can define the ownership of the results of the employee’s work, and under what circumstances ownership may change.
Independent contractor agreements, too, must clearly establish the rights and responsibilities of both parties. Such agreements should specify how intellectual property created during the relationship will be owned, the mechanisms for securing that protection, and the obligations of both parties to cooperate in the protection and enforcement of those rights. The Intellectual Property Practice Group works diligently to ensure that these agreements reflect the parties’ intentions and address the essential IP considerations.
Areas of Focus
- Appeal of Judgments Regarding Intellectual Property
- Copyright Litigation
- Cybersquatting Litigation
- False Advertising Litigation
- Foreign Patent Prosecution
- Foreign Trademark Prosecution
- Intellectual Property Assets in Family Hands
- Intellectual Property in Corporate Agreements
- Intellectual Property in Mergers & Acquisitions
- Intellectual Property Ownership from Employees & Independent Contractors
- Litigation With Intellectual Property
- Patent Administrative Challenges
- Patent Litigation
- State Trademark Prosecution
- Trade Secret Litigation
- Trade Secret Protection
- Trademark Administrative Challenges
- Trademark Litigation
- U.S. Copyright Protection
- U.S. Patent Prosecution
- U.S. Trademark Prosecution
