Intellectual property protection
Intellectual property is a key asset for the IT business along with the team. We help to formalize and protect intellectual property rights.
Intellectual property
Copyright objects: images, source code, music, video
Databases
Patents: inventions and utility models
Know-how: algorithms, unique business processes, metrics
Performances and phonograms
Trademarks
Бизнес должен быть защищен от нарушений со стороны третьих лиц. Чаще всего споры возникают с бывшими сотрудниками и конкурентами. Чтобы компания владела правами на все, создаваемое командой, просто заключить трудовые договоры со всеми сотрудниками недостаточно.
Several key developers left the company. Employment contracts were drawn up with them, but the rights to service works were not formalized - only in the contract it was written that "the rights to service works belong to the company." When the company decided to sell its software product to a large bank, the bank did due diligence. It turned out that there could be claims from former employees related to the fact that the code and the unique technology used in this product belong to them. Therefore, the bank offered to pay the company 70% upon signing the deal, simultaneously with the transfer of rights to the product, and keep 30% in an escrow account for 2 years: if during this time the developers make claims against the bank, the amount will be used to cover legal costs and pay compensation . If there are no claims, then the company will receive the amount. If in a similar situation the company attracted an investor, then the investor would reduce the value of the company, taking into account the size of the possible claims of the developers and the likelihood of their implementation.
International groups of companies tend to "store" intellectual property rights in a separate company (IP-box or R&D center). This IP company then licenses the intellectual property to local operating companies. The local operating company pays the know-how and software license fees (royalties) and deducts the royalties from its taxable income. But the tax authorities in the country of the operating company may claim that the royalties are too high, and therefore the operating company must pay additional income tax. In many countries, including Russia, it is necessary to pre-assess the extent to which prices in an agreement between related parties correspond to market prices and record it in a transfer pricing report. If intellectual rights to know-how, software and other intangible assets are not registered, then it will be difficult for a company to justify that prices correspond to market prices.
How do we formalize intellectual property?
1
We analyze the client's project and identify intellectual property objects
2
We prepare an intellectual property protection strategy and agree on further steps with the client
3
We analyze the client's business processes and take them into account when preparing documentation. We create the most convenient documents for the client
4
If the issue is beyond our competence (for example, you need to file patent applications in the US and Mexico), then we will engage consultants from among our trusted partners and take over the coordination
Other services
Contracts
We will prepare agreements related to the creation of intellectual property or its monetization, including license agreements, franchising agreements, agreements on the alienation of intellectual property
Due diligence
We check the company or asset for risks associated with property, including those associated with the use of open source software.
Dispute Resolution
We defend the interests of the client if his rights to intellectual property are violated, or in the case of claims from third parties that the client’s actions violate their rights.
The depth of due diligence depends on this
Affect the number of documents and potential risks
Directly determine the complexity of the work and the time spent
Round, company valuation and investment amount
Startup date, team size
Project characteristics and affected jurisdictions
Cost of services
The cost of work is formed on the basis of the rate
€ 150 / per hour.
If the scope of work is clearly defined, we are ready to fix the cost of our services for it. The final amount depends on the following variables:
€ 150 / per hour.
If the scope of work is clearly defined, we are ready to fix the cost of our services for it. The final amount depends on the following variables:
Request price:
© Polyak & Co, 2022
Logo © Kirill Martyanov, 2020
Logo © Kirill Martyanov, 2020