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Overcoming Challenges In Transferring Technology In Academia and Beyond
University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. Of course, the process of protecting and commercializing intellectual property (IP) is not exclusive to universities. For-profit companies worldwide engage in a similar process; however, universities (as well as start-up and other pre-revenue companies) face unique challenges in these efforts. Six such challenges are identified herein, along with best practices for overcoming those challenges.
Non-Disclosure vs. Operation Of University Research Program
A TTO often acts as the sole advocate of non-disclosure and secrecy within a community in which disclosure and transparency are highly valued. On one hand, non-disclosure is critical to the ability to protect an innovation by patent or trade secret. On the other hand, prolific publication is directly correlated obtaining to grant funding for research, receiving tenure at a university, and improving standing in the researcher's field of study. Consequently, university researchers are often impatient to disseminate their work to interested colleagues and the scientific community and may not ensure that the underlying IP in their research findings is properly protected before disclosure.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.