Monday, September 3, 2012

When Should You Contact a Licensing Lawyer?

When you sell licensed products (such as a product with a sports team's logo on it), you generally have to pay an advance royalty as well as ongoing royalties. The advance royalty is a flat amount paid up front, and ongoing royalties are a percentage of your sales. An attorney can help you understand the royalty terms of a licensing contract before you commit yourself to the contract.

You Have Developed Intellectual Property from Federally Funded Research

If you invent a product arising from federally funded research, the 1980 Bayh-Dole law may apply. This law gives universities and other organizations intellectual property control over inventions and other types of intellectual property developed from federally funded research. This law gives preference to universities, businesses, and nonprofits over the federal government when pursuing patents.

You Are a Software Developer

If you are a software developer, you know how easy it is to pirate software and you want to protect yourself. You should contact a licensing lawyer early in the software development process to make sure that your rights as a software developer are protected at every stage. If you believe someone has stolen your intellectual property, you should contact a licensing attorney immediately.
You Are an Artist Who Believes Someone May Have Stolen Your Work

If you believe someone has stolen your written work, illegally reproduced a work of art you created, or used music you wrote without your permission, you need to speak with an attorney with experience in copyright law. Copyright law is designed to protect your intellectual property, and your lawyer can advise you as to how to pursue legal recourse.

You Are Creating a New Company Logo

If you are developing a new logo, it's a good idea to speak with a trademark lawyer before you go public with it. You're not allowed to create an image that is similar enough to an existing trademark to cause confusion. For example, you cannot create a logo consisting of a red background and white script that looks like the Coca-Cola logo for your product. Speak to a licensing attorney up front so that you can minimize the risk of trademark problems.

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