184 Posts Found

Because of patent law, which exists to protect intellectual capital, we often think the value of an idea lies in its creation. Yet the value of an idea lies in the audience, not its source, and one idea can be ‘created’ many, many times. Creativity exists in a chain: an idea comes from this group and goes to that group, and that group then carries … [ Read more ]

Content: Quotation | Source: Rotman Magazine | Subjects: Creativity, Intellectual Property

Companies have everything to gain from forging a strong link between regulation and strategy. By shifting their approach to regulation from confrontation or passive compliance to a proactive and informed dialogue with external stakeholders, they can help construct more balanced regulatory frameworks and ensure a better outcome for the organization.

Content: Article | Authors: Denis Bugrov, Luis Enriquez, Scott C. Beardsley | Source: McKinsey Quarterly | Subjects: Legal, Strategy

While the Internet still retains some of the “wild wild west” feel, increasingly Internet activity, and particular blogging, is being shaped and governed by state and federal laws. For US bloggers in particular, blogging has become a veritable land mine of potential legal issues, and the situation isn’t helped by the fact that the law in this area is constantly in flux. In this article … [ Read more ]

Content: Article | Source: Aviva Directory | Subjects: IT / Technology / E-Business, Legal

An inevitable and unfortunate part of the “I want to be me” movement has been the idea that there is no distinction between your business life and your personal life. People treat colleagues as friends and family-often to disastrous effect. Sexual harassment is a prime example. If you flirt with somebody at a party, that person can’t have you arrested. But if you flirt at … [ Read more ]

Content: Quotation | Source: Harvard Business School (HBS) Working Knowledge | Subjects: Legal, Organizational Behavior

As IP has assumed greater strategic prominence in the boardroom, so has IP due diligence in funding and M&A activity. Part of managing diligence compliance is knowing what to expect. Cheaters ace the test by getting the questions in advance. In IP diligence, that’s not cheating – just common sense. Funders and acquirers usually focus on three primary areas. [Hat tip to Themanager.org]

Content: Article | Author: Steven J. Frank | Source: Goodwin Procter LLP | Subject: Legal

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A policy of giving only basic employee references may lead to liability.

Editor’s Note: this is an older article (Spring 1999) so the status of some of the legal issues discussed has undoubtedly changed, but the concepts addressed are of long-lasting value…

Content: Article | Author: Linnea B. McCord | Source: Graziadio Business Report | Subjects: Human Resources, Legal

Roughly 30% of all companies, including big names like Wal*Mart and General Motors, subject their applicants and employees to some sort of personality test. Judicial decisions, however, illustrate the risks employers assume by using and relying on such tests for employment decisions. This article surveys the use of personality tests historically, their purported benefits to employers, and the potential liability associated with the tests. [BNET … [ Read more ]

Content: Article | Author: Kathryn Davis | Source: Morrison & Foerster LLP | Subjects: Human Resources, Legal

Joe Hadzima offers a look at the basics of patents.

Content: Article | Author: Joseph G. Hadzima Jr. | Source: Boston Business Journal | Subject: Legal

I have often had entrepreneurs tell me with great confidence that they either do or do not want to set up their venture as a Subchapter S corporation. Equally often when I ask them why they want to take that course of action I find they don’t really understand what is involved.

Content: Article | Author: Joseph G. Hadzima Jr. | Source: Boston Business Journal | Subjects: Entrepreneurship, Legal

Firing an employee can be painful, emotional and, if done incorrectly, costly. Following some basic procedures and acting as a corporate humanitarian rather than a corporate assassin can help you avoid the agony of a legal battle.

Content: Article | Author: Carol Orsag Madigan | Source: Business Finance Magazine | Subjects: Human Resources, Legal

A fundamental question examined in the management arena is not only the factors that may lead people to make clearly illegal decisions, but more so the dilemma faced by individuals when confronted with legal but irresponsible or illegal but responsible behaviors. Under those conditions, what should one do? What will influence what behavior the manager chooses?

Content: Quotation | Source: Graziadio Business Report | Subjects: Ethics, Legal

A thorough due diligence involves examining not only the financial information of a company, but also the company’s key assets. For the vast majority of enterprises, this means a review of the intellectual property assets of the target company.

Content: Article | Authors: Jacqueline Klosek, Mary J. Hildebrand | Source: Goodwin Procter LLP | Subject: Legal

One thing differentiates intellectual capital or knowledge assets from physical and financial assets, and that’s what economists call “rivalry” and “non-rivalry” assets. Physical assets are rival assets. Different users rival for the use of an asset. This asset cannot be used elsewhere at the same time. …Physical, human and financial assets are rival, or scarce, assets, where the scarcity is reflected by the cost of … [ Read more ]

Content: Quotation | Source: Ivey Business Journal | Subjects: Economics, Intellectual Property

The first negative [for intangible assets] is what economists call “partial excludability.” With physical and financial assets, you can completely exclude others from enjoying these assets. If I own a car and there is an effective police force, I can prevent anybody from using my car. But let’s say that I have an employee who is brilliant and that I have invested in his or … [ Read more ]

Content: Quotation | Source: Ivey Business Journal | Subject: Intellectual Property

Abstract: This Article addresses a curious gap in the theory of intellectual property. One of the central dogmas in both the legal and economic literatures is that patents, copyrights and trademarks constitute separate forms of protection, each serving different purposes and designed to operate independently of the others. By challenging this dogma, however, this Article shows that certain combinations of intellectual property protection give … [ Read more ]

Content: Article | Authors: Gideon Parchomovsky, Peter Siegelman | Source: Social Science Research Network (SSRN) | Subject: Legal

Lawrence Lessig covers “Fair Use” and Google’s interpretation of it in their Book Search project. (~30 minute video)

Content: Article | Author: Lawrence Lessig | Subject: Legal

Businesses in the Western world are still governed by antiquated corporation laws. In the past, employees were regarded as an adjunct to business; they were simply the “hands” to operate the machines. Power was concentrated at the top. The law gave priority to the shareholders, based on the assumption that the human elements were mere extensions of the capital assets.

Most of today’s corporations, however, have … [ Read more ]

Content: Quotation | Source: European Business Forum (EBF) | Subjects: Corporate Governance, Legal

If you have a great idea, you want to set up your own firm, make a quick buck and a swift exit, then the limited liability structure makes sense. If, however, you want to grow a successful company over the long term, you should steer clear of the classical limited liability formula – it gives too much power to too few people.

Content: Quotation | Source: European Business Forum (EBF) | Subjects: Corporate Governance, Legal

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