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Saturday, February 04, 2006


This week's featured woman executive is Kara Cenar, Esq., Principal at Welsh & Katz (Chicago, IL), an intellectual property (IP) law firm with offices in Chicago and Washington, D.C. Kara is also President of the Chicago National Association of Women Business Owners (NAWBO) chapter.

about Welsh & Katz, Ltd.
Welsh & Katz, Ltd. is a full-service intellectual property law firm. The Firm focuses on obtaining patents, trademarks, and copyrights; intellectual property litigation; protecting trade secrets; product anti-counterfeiting; clearance opinions; and licensing transactions. The Firm's distinguished client base includes corporations, universities, and individuals involved in high-tech fields such as electronics, chemicals, computers, and biotechnology as well as those in the entertainment industry. With offices in downtown Chicago and Washington, D.C., Welsh & Katz has proximity to state and federal courts and important governmental agencies, such as the U.S. Patent and Trademark Office and the U.S. Copyright Office.


Kara's Top 10 Tips


1. Take A Proactive And Strategic Approach To The Intellectual Property Assets Your Company Has Developed Or Acquired.
Your intellectual property rights could be the one thing that stands between you and your competition. Do not wait until there is a problem in the marketplace, or after lengthy and expensive litigation, to determine that more attention should have been spent on your intellectual property rights. Be proactive.

2. Have The Foresight To Protect Your Business, Product Or Service, With Various Forms Of Intellectual Property Protection.
Every business typically has some form of intellectual property asset. Many businesses don't realize that varying forms of intellectual property protection are available and can be used in connection with one another to provide a more comprehensive form of protection. Consider all forms of protection and select the form or combination of forms of protection that provide the best strategic protection for your business.

3. Respect The Intellectual Property Rights Of Others.
Other companies are acquiring intellectual property rights and will enforce those rights against your business. A cease and desist letter from your competitor and the expense of the litigation process could be the fatal blow to your business. There are steps you can take to confirm that your business actions will not violate the intellectual property rights of another. It is a good business practice to regularly do so.

4. Don't Fear The Expense Of Obtaining Intellectual Property Protection, Fear The Risk Of Not Taking The Proper Steps.
When your product, service or business is a rising star, there are many out there that are willing to ride your coattails all the way to the top with you, taking a portion of your goodwill, profits and market share with them. Gain an understanding of how intellectual property protection could actually help grow or protect your market share, keep your competitors at a respectable distance, and increase your sales and profits. Make the investment.

5. Recognize And Identify The Intellectual Property Assets.
Intellectual property rights are developed continuously in an ongoing business. Failure to timely recognize intellectual property rights can destroy the right altogether or weaken effectiveness or enforceability. Be vigilant.

6. Make Sure You Own Your Intellectual Property.
Many businesses fail to understand the issue of ownership of the intellectual property rights. In the era of outsourcing and independent contractors, you could find that your business is not the owner of the intellectual property rights. Initial agreements and assignments are proper and necessary to secure the ownership of certain intellectual property rights. Make these an up front part of your outsourced or independent contractor business dealings.

7. Preparing Effective Applications for And Obtaining The Patents, Trademarks And Copyrights.
The ability to effectively use intellectual property rights in the marketplace can begin or end with the preparation of the application. Since this step involves defining the boundaries by which businesses are able to protect their innovations, and protect against copying, use or theft by others, it is vital from an enforcement perspective, to prepare an effective application.

8. Become Educated on the Proper Use Of The Intellectual Property Rights.
Protection of intellectual property does not end with registration. Intellectual property that has been used improperly or neglected after registration, such as in your own marketing efforts, will loose strength and diminish in effectiveness in the marketplace, or become completely lost. The steps taken by the owner in connection with the use of the intellectual property could prove to be the difference when stopping another believed to be misusing the intellectual property.

9. Create An Enforcement Program And Procedure.
Successful protection and enforcement of intellectual property enables a company to stop competitors from benefiting from the goodwill, research and development, and reputation of your company and will also enable your company to recapture losses of profits, market share or price erosion.

10. Make This Strategy Part Of Your On-Going Business Plan.
An effective intellectual property ownership strategy requires continuous attention. The creation of new intellectual property rights and the maintenance, care and enforcement of existing intellectual property rights should be evaluated as an on-going activity of the company and should become the subject of an intellectual property audit every couple of years.


Contact Information

Kara Cenar, Esq.
Principal
Welsh & Katz, Ltd.
www.welshkatz.com
312.526.1523


A big thanks to Kara for her wise words.


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