Trademarks, Copyright and the Internet, by Mark V.B. Partridge, Partner, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Chicago, Illinois

www.GuidingRights.com

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www.GuidingRights.com

Guiding Rights
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GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms.

$24.95 hard cover; $14.95 paperback
ISBN: 0-595-65957-8

"This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around."

Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law

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"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles."

Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA

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View Article  Sarbanes-Oxley and IP: What Your CEO Must Know

CONTINUED . . .

We've explored for several weeks the relationship between Sarbanes-Oxley compliance and intellectual property management.  There is emerging recognition that SOX imposes new corporate obligations relating to intellectual property. 

While Sarbanes-Oxley compliance is largely the domain of accountants and auditors, IP counsel can and should play a meaningful role.  Under Sarbanes-Oxley, auditors are prohibited from providing legal opinions relating to the assets they audit, yet informed legal opinions are necessary for identifying, evaluating and maintaining IP assets and for insuring that management fulfills its obligations with respect to IP. 

What your CEO needs to know ...   more »

View Article  Sarbanes-Oxley and IP: Economic Impact

Continued . . .

Economic Impact of Compliance

Compliance with Sarbanes-Oxley is expensive.  The initial SEC estimate was $91,000 per company.  This has been shown to be woefully low.[1]  A survey by CRA International disclosed that smaller companies ($75 to $700 million in market cap) faced average second-year SOX compliance costs of $860,000, down 31% from year one.  Companies over $700 million faced year two compliance costs on average of $4.8 million, down 44%.[2]

Strong criticism and call for reform and repeal has arisen claiming disaster.  Compliance is wasteful and too expensive.  ...   more »

View Article  Sarbanes-Oxley and IP: Best Practices for Compliance

CONTINUED . . .

IP Compliance Obligations under Sarbanes-Oxley

Intellectual property compliance obligations arise in at least these ways under Sarbanes-Oxley.  First, the lesson of the intellectual asset management movement is that intellectual property is a material asset of most businesses.  Therefore, it should follow that a CEO and CFO responsible for certifying the financial condition of a company must insure that there are systems in place to manage IP assets and to bring material changes to the attention of management.

Second, the consequence of the GAAP changes by FASB regarding goodwill and intangible assets is that financial ...   more »

View Article  Sabranes-Oxley and IP: Three Trends Creating IP Obligations

CONTINUED . . .

Three Trends Converge to Create IP Oversight Obligations

Sarbanes-Oxley rises as a phoenix from the ashes of Enron.  Yet, the application of the Act to intellectual property has origins predating the Enron scandal and can now be attributed to the convergence of three related trends.

1.         The Intellectual Asset Movement[1]

Intellectual property must be recognized as a major corporate asset.  Beginning in the early 90's, there was growing recognition that financial reports dramatically under reported the large portion of total corporate value represented by intellectual assets.  The gap can be seen ...   more »

View Article  Sarbanes-Oxley and IP: Growing Recognition that Sox Creates IP Obligations

I made a presentation last month at the John Marshall Law School 50th Annual Conference on Developments in Intellectual Property entitled "Sarbanes-Oxley: What Your CEO Must Know Now about IP."  Here's a reprise of my comments.

Sarbanes-Oxley

What Your CEO Must Know Now about IP

On July 30, 2002, during a signing ceremony not long after the initial Enron revelations, President Bush stated, "[m]y administration pressed for greater corporate integrity.  And today I sign the most far reaching reforms of American business practices since the time of Franklin Delano Roosevelt."  Thus Sarbanes-Oxley became the law of the land.  ...   more »

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Mark VB Partridge
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Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
311 S. Wacker Drive Suite 5000
Chicago, Illinois 60606

312-554-8000

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