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Protection of Intellectual Property in a Startup
Aside from competence of management team, control of intellectual property is a major focus of investor scrutiny. The ability to identify and protect intellectual property directly reflects on investor confidence and the resulting access to capital available to technology start-up. Protection of intellectual property assets is available through the law of copyright, trade secrets, patents and trademarks.
Employment and Intellectual Property Issues in a Startup
At some point in the growth of the business, entrepreneurs will have to hire and terminate employees. Employment in Canada is heavily regulated, governed by either federal or provincial legislation. Most employers are covered by provincial legislation. Federal employment laws apply only to industries within the federal government's jurisdiction.
Terms & Conditions of Use
Pinsky Law maintains a web site currently located at www.pinskylaw.ca (the "Site") that provides information, articles, publications, data and other materials (the "Content"). The Site is provided to you subject to your compliance with these terms and conditions of use ("Terms and Conditions"). You agree to be bound by these Terms and Condition by accessing or using the Site. Please do not access or use the Site if you do NOT agree to be bound by the Site’s Terms and Conditions.
Lawyer-Client Relationship Not Created
Pinsky Law provides the information on this website for general information purposes only. Your use of or access to the Site does not create a lawyer-client relationship and the Content provided in the Site is not intended nor should be considered the provision of legal advice. Your use of the Site may facilitate access to or communications with Pinsky Law by way of email or otherwise on the Site. Receipt of any such communications or transmissions by Pinsky Law does not create a lawyer-client, contractual or other relationship with Pinsky Law and the user or sender.
Legal Advice Not Provided
The Content is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. Content is provided solely for informational purposes. It is not intended to be legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting Pinsky Law or competent legal counsel in relation to your specific legal issues.
Modifications to the Terms and Conditions
Pinsky Law reserves the right to change these Terms and Conditions at any time. It is your responsibility to review these Terms and Conditions on a regular basis. Pinsky Law is not responsible for informing you of any changes to the Terms and Conditions of the Site. Your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified.
Viruses
The downloading of Content is done at your own risk. Pinsky Law cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.
Disclaimer and Limitation of Liability
The Site and the Content are provided "AS IS" without warranty or condition of any kind whether express or implied, statutory or otherwise. Use of the Site or the Content is at your own risk. Pinsky Law does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Site or the Content. Pinsky Law does not assume any responsibility for any errors, omissions or inaccuracies related to or arising from the Site or the Content.
To the fullest extent permitted by law, Pinsky Law disclaims all warranties, representations and conditions of any kind with respect to the Site and the Content whether express, implied or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Site or the Content are or will be error-free or will operate without interruption. In no event will Pinsky Law be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages or any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Pinsky Law is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the Site or the Content.
Communications Not Confidential
Pinsky Law does not guarantee the confidentiality of any communication sent to it by email or otherwise through the Site and cannot guarantee that any such communications are protected by solicitor-client privilege.
Intellectual Property
Pinsky Law retains all Content in the Site, including without
limitation, designs, pictures, names, titles, logos and marks displayed
on the Site and the Content is owned by Pinsky Law and protected by by
copyright, trade-mark and other intellectual property laws and treaty
provision laws with the exception of pictures provided by
www.matton.com.
Links
The Site may provide links to other websites external to the Site. The provision of the links is for your convenience and viewing pleasure only and Pinsky Law does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Pinsky Law has no control of the linked site and your access to any link is at your own risk.
Governing Law
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada. You agree to attorn on an irrevocable basis to the exclusive jurisdiction of the Courts of Ontario. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use. Anyone accessing this website from other jurisdictions assumes sole responsibility for compliance with local laws.