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Intellectual Property

IP Compliance

IP compliance problems tend to arrive as a letter: a software vendor wants an audit, an open-source project says its license was ignored, or a competitor objects to a product name.

Reviewed

01 GUIDE

IP Compliance: what usually happens

Where companies usually slip

Many problems come from using someone else's work under terms nobody read closely. Open-source components carry licenses, and some of them require you to make source code available to recipients or include notices when you distribute software that contains them. Commercial software licenses often limit how many users or devices may run the product and give the vendor audit rights. Brand issues arise when a product or company name sits too close to an existing mark, which is why a clearance search before launch is common. Marking products with patent numbers that do not actually cover them can also draw challenges.

Securing what the company creates

The other half of IP compliance is making sure the company actually owns what its people build. Work made by employees within the scope of their jobs generally belongs to the employer for copyright purposes, but contractors and consultants are different, and their work usually needs a written assignment. Patent rights start with the individual inventors, so companies commonly rely on signed invention assignments. New York limits how far an employment agreement can claim inventions an employee develops entirely on personal time without company equipment or information, so older agreement forms may need review. Trade secret protection depends on reasonable steps to keep information confidential, which means access controls and confidentiality terms rather than a label alone.

What a review looks like

When a demand letter or audit notice arrives, we start with what it actually claims and what deadline it sets, then gather the license agreements and usage records that answer it. Responding to a software audit without a plan can hand over more information than the agreement requires. For an internal review, we usually look at the code inventory, the agreements with employees and contractors, and how brand names were cleared. Gaps can often be closed quietly through new assignments or license purchases before anyone else raises them. You leave with priorities ranked by actual exposure rather than by how alarming a letter sounds.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about IP compliance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.