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Protection of Intellectual Property in 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.
Financing Startup
Many startup companies, particularly in technology sector, require capital beyond the means of their founders in order to finance continued growth. Expenses quickly add up, and a business that cannot manage its cash flow will not survive. Because startup companies typically have a limited operating history and are considered to be risky ventures, obtaining even simple financing arrangements can be a difficult task.
Business Contracts
Legal issues are not new or unique to the contracts entrepreneurs, technology businesses and emerging companies are entering to. Although the information and technology age has transformed much of what businesses do and how they do it, basic principles of sound commercial contract drafting and negotiation have not changed. It is just as critical in smaller scale transactions as it is in other commercial transactions that a client clearly express in his written agreement who will be doing what, who will own what, and when, how, and to what standard the outsourced work will be performed.
What has changed in the past few years, however, is the value to businesses of technology, information, and e-commerce processes. Such value has ascended considerably. Clients must take extra care when they deal with functions that involve these "crown jewels." A commercial agreement must clearly address the ownership and protection of these assets, as well as the allocation and management of risks posed by their unauthorized or improper use. Careful drafting and negotiation of technology, e-commerce, and outsourcing contracts are extremely important functions.
There are various recipes for disaster in drafting and negotiating such business contracts. Clearly, contracts prepared by those with a shallow understanding of how the intellectual property rights to be licensed operate can lead to some extremely undesirable results. Ignoring or providing tacit attention to regulating authorities can result in provisions of an contract that are unenforceable or entire contracts that are essentially invalid. In short, the negotiation and preparation of business contracts should never be equated to the preparation of the simpler, ordinary contracts, which usually involve much shorter time spans and more easily understood property rights.
The Firm can provide a full spectrum of commercial contract services to our clients with focuses on corporate, intellectual property and technology law and is able to assist in structuring and negotiating complex commercial contacts. We can assist clients of all types (from middle market to start-ups in high tech, financial, entertainment, publishing, marketing and other industries) on business and marketing issues and strategies (including risk management), the protection and exploitation of creative and technological works (including trademarks, copyrights and patents), litigation management, and other intellectual property, Internet and technology matters, including website and intellectual property audits, strategic alliances, website agreements, software development, licensing, merchandising and other service contracts.
A niche status and use of technology enable us to provide high quality, cost effective legal services for emerging and existing businesses, technology start-ups, entrepreneurs and inventors in a variety sectors of economy. We continue to develop relationships with other law practitioners with experience in technology litigation, patent law, corporate financing and leasing as well as full service corporate law firms, all of whom will work in conjunction with the Firm on specific matters.