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It is important for companies to periodically take inventory of intellectual property to be protected within the organization. The following checklist provides guidance on identifying IP and taking the necessary steps to ensure protection. 1. IDENTIFICATION OF INTELLECTUAL PROPERTY TO BE PROTECTED A. Identify organizational areas within the client organization where intellectual property is developed or used in order to identify the types of intellectual property to be protected. B. Conduct interviews with key individuals in the identified organizational areas to determine the nature, scope and use of intellectual property developed or used within that organizational unit. C. Review pertinent documents, including standard agreements currently in use, selected negotiated licenses or other agreements or existing policies or procedures. D. In conjunction with members of the client’s staff who are currently responsible for particular types of security (e.g., data systems or physical security), conduct general reviews of all types of related security issues. 2. ANALYSIS OF RESULTS OF IDENTIFICATION PROCESS A. Review results of the foregoing, to determine the types of intellectual property to be protected, and to categorize and classify this intellectual property. B. Based on this review, develop an integrated plan of action for going forward including a plan for the development of policies and procedures, based on identified policies and procedures and the scope of intellectual property identified as proper subject matter for protection. C. If required, prepare an interim report which sets forth the results of the identification and analysis phases, and also identifies specific issues to be addressed either in the development of policies and procedures, or otherwise. 3. PREPARATION OF POLICY STATEMENTS A. Information Security Policy sets forth policies for protection of information from unauthorized use, destruction or disclosure. Such a policy statement may include: a. General policies b. Information access policies c. Specific organizational unit policies d. Information classifications e. Restrictions on use of company resources f. Restrictions on use of external resources g. Software protection including the development and design stages h. Considerations regarding the use of outside support services B. Copyright Policy sets forth the policy statements regarding the copyright protection of the client’s or third parties’ information, including statements of: a. Scope of use of copyright protection b. Responsibilities c. Explanation of statutory basis d. Registration policies e. Notice policies C. Trade Secret Policy sets forth the policy statements regarding classification and protection of the client’s or third parties’ confidential and proprietary information as trade secrets, including statements of: a. Responsibilities b. Use of agreements c. Document control d. Control of release of information e. Physical security D. Patent Policy sets forth general guidelines and policies for periodic review and determination of what items should be protected via the patent process, including analysis of timing issues and cost/benefit analysis. E. Trademark Policy sets forth general guidelines and policies for periodic review and determination of trademarks or service marks to be protected, including, for example, providing for filing for renewals of trademarks as required by statute. 4. DEVELOPMENT OF PROCEDURES AND MANUALS A. Data and Information Security Procedures B. Copyright Protection Procedures C. Trade Secret Protection Procedures D. Patent-Related Procedures E. Trademark Procedures F. Agreements to be included with Procedures a. Employee agreements b. Consultant agreements c. New employee statements d. Confidentiality and Nondisclosure Agreements e. Employee termination statements 5. DEVELOPMENT AND DELIVERY OF TRAINING PROGRAMS A. Identification of organizational areas to be trained and levels of training courses (e.g., management versus operational) B. Design and development of training courses based on agreed upon standards and objectives C. Development of training materials based on agreed upon standards, including participant guides, procedural manuals and training aids D. Delivery of training sessions E. Development of a plan for ongoing training and support of training programs in the future F. Follow-up procedures to ascertain effectiveness of training This checklist is intended to serve solely as a guideline. It in no way constitutes legal advice. Richard Raysman and Peter Brown are partners with the law firm of Brown Raysman Millstein Felder & Steiner (www.brownraysman.com) in New York. The authors are also computer law columnists for the New York Law Journal , an affiliate of law.com. For information on purchasing the book, Computer Law: Drafting and Negotiating Forms and Agreements , click here .

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