Insight on Business

December 2014

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26 | I NSIGH T • D e c e m b e r 2 0 14 w w w . i n s i g h t o n b u s i n e s s . c o m need to protect their own ideas and material, says Bob Duimstra, an attorney with Menn Law Firm in Appleton. "People need to recognize what they need to protect and what means they have available to protect those assets. Businesses sometimes don't realize what they have," he says. While people usually link intellectual property and patents, the topic is much broader and needs to include copyrighted and trademarked information as well as business trade secrets, says Andrew Landsman, an attorney with Godfrey & Kahn S.C., which serves clients throughout Wisconsin. "Right away, I tell all my clients to make sure they copyright all the material on their website. at's important," he says. "Patents are clear cut and there are distinct rules that need to be followed; it gets blurrier with trademarks and copyrights. You need to make sure you're not ignoring these areas because once the genie gets out of the bottle, it's hard to get it back in." With today's technology, digital information is streaming in and out of businesses. Landsman says businesses need to think about where information is coming from and where it's going. "Every business needs to have policies about digital communication, whether it's through the IT department, HR or both areas," he says. "For example, some companies say employees can't use flash drives on company computers or maybe emails sent from certain domains are encrypted." Confidentiality agreements and non-disclosure agreements also can come into play when keeping business information secure, Duimstra adds. Just like with other areas of business, Wilhelm says companies must manage their risk when it comes to IP. "It's about putting the right people and procedures into place to keep you out of trouble," he says. "Lawyers are there to help you when the unexpected shows up." Landsman says business owners shouldn't be afraid to ask their attorneys about IP issues as they come up. "It's better to deal with issues up front than on the back end, so ask an attorney if you have questions." Conducting an IP audit Just as you would inventory your business' physical assets, you need to do the same with its intellectual ones. Consider: » What information is trademarked or copyrighted? » Is there additional information or materials that need to be copyrighted or trademarked? » Are there ideas or processes in the works that may need to go through those processes? By knowing what your company "owns," you'll be in a better position to realize if something is being misused. If you're unsure about what needs to be done, consult with an IP attorney. He or she can help steer you in the right direction. Source: Tom Wilhelm of Wilhelm Law Offices, Appleton BUSINESS SERVICES The Law Firm of Conway, Olejniczak & Jerry, S.C. provides legal services in more than twenty areas of practice. Our proactive, collaborative approach has earned the trust of businesses and individuals throughout Northeast Wisconsin. Keep Your Business Moving Forward At the Law Firm of Conway, Olejniczak & Jerry, we take a strategic approach to help businesses of all sizes get started, grow, and navigate legal challenges that crop up along the way. Services include: • Business structuring • Lender negotiations • Mergers, acquisitions and restructuring • Credit accessibility • Recapitalization • Account collection • Succession planning We customize solutions that maximize your opportunities for success. P h o n e : 9 2 0 . 4 37. 0 476 • w w w. l c o j l a w. c o m

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