It is now well established that the most valuable assets of a 21st century business consist of its intellectual property, including its trade marks, copyrights, patents or confidential information. An IP audit helps in identifying, protecting and managing these assets.
In broad terms, an IP audit is conducted to identify the company's IP assets and ensure that the assets are being appropriately protected, managed and valued. An audit is a useful management tool at any time, but may be prompted by a significant financing, the recognition that IP assets are not sufficiently protected, or a recognized management need to develop strategies that will maintain and improve the company's market position.
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When is an Actor an Author?
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A recent U.S. case raises some interesting copyright issues concerning the rights of actors who appear in a film.
The Facts
The plaintiff, an aspiring actress, answered a casting call for a low-budget amateur film. The working title of the film was "Desert Warrior" which was to be an adventure film set in ancient Arabia. The writer and producer cast the plaintiff in a minor role. She was given four pages of the script in which her character appeared and paid approximately $500 for three and a half days of filming. The producer did not obtain any formal assignment of copyright or other applicable consent or waivers from the plaintiff.
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Trade mark Infringement and Merchandising
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Declarations of Non-infringement
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The Facts
The Parties
Thomas Pink limited (Thomas Pink) is a part of the Louis Vuitton Moet Hennessy group. Thomas Pink is an international luxury shirt brand. As well as shirts for men and women Thomas Pink sells silk ties, tailoring, knitwear and accessories.
Thomas Pink's branded goods are sold in Canada and it owns a number of registered trades marks the majority of which include the word "PINK" in a block-letter design format or in combination with other words such as THOMAS PINK.
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