Professional Documents
Culture Documents
OWNERSHIP
OF TARGET IP
Richard Allan Horning IP Society
Palo Alto, CA
Palo Alto, CA
SPEAKER
Richard Allan Horning
Partner and Chair, Technology Practice Group
Tomlinson Zisko LLP
Palo Alto, California
RHORNING@TZLLP.COM
PATENT RISKS
PATENT RISKS
PATENT RISKS
COPYRIGHT RISKS
• Authors of a “Joint Work” are Co-
Owners of the Copyright in the
Work
• Each Author Probably Must
Contribute Copyrightable Subject
Matter
• Each Author Must Intend that Their
Contributions be Merged into the
Whole, and that They Would be
Co-Authors
COPYRIGHT RISKS
COPYRIGHT RISKS
TRADE SECRETS
• Each Co-Owner of a Trade Secret Has
the Right to Use the Secret
• Although not Clearly Established,
Obligation to Account is probably
Outcome of Application of “Equitable
Principles”
• Co-Owners may Have an Obligation to
Co-Owner to Prevent “Unlawful and
Unreasonable Disclosure”
TRADEMARKS
TRADEMARKS