What's in your bottom wardrobe?

Do you remember what it was like before we had email, voicemail, hotmail, faxmail, mobilemail and the rest? We actually had time to think, writes Stuart Gibson.

There is no doubt that with electronic communication that, as business owners, we have to process so much more information that sometimes, the everyday tasks get put aside. Just like at home it is important however to do a little spring clean in our businesses including a little tidying up of our business' assets.
When was the last time that you checked what was in the bottom drawer of your intellectual property wardrobe?
We recently acted for a client as licensee for one of the largest rock bands in the world. The client had the license to manufacture and distribute that band's T-shirts. When given the licence he was also granted the licence to use the band's registered trade mark in Australia.
Not unsurprisingly a recent stroll through the Victoria and Paddington Markets revealed that surprise, surprise the band's T-shirts were being ripped off. In order to pursue the matter it was important that he be able to demonstrate his rights to the trade mark in Australia. A quick check of his contracts inventory revealed that he hadn't executed the Trade Mark Licence Agreement. Accordingly, it became more difficult to enforce and stamp out the counterfeiters.
That reminded me of the importance of checking what it is in your own IP wardrobe. A proper "health check" should include the following checks:
* That all your core brands, logos and slogans are properly trade marked (particularly house brands);
* That those trade marks are registered and that appropriate renewals have been paid;
* That any valuable brand extensions are trade marked;
* That all key house designs have been registered (assuming they are registerable) and that those registrations are renewed;
* That your Manufacturing Agreements have got appropriate protections including as to confidentiality of your designs and (importantly) return of those designs on termination of the arrangement;
* That any artwork or original materials loaned to third parties have been returned;
* That all appropriate contracts are in the appropriate entity name;
* That all designs are in the name of the right entity;
* That all domain names registrations are up to date and in the name of the right entity;
* That any novel manufacturing inventions created by you have been (where appropriate) patented;
* That your employee contracts assign over to you any intellectual property that they create during the term of their employment with you;
* That your website agreements validly give you the right to adapt your website including the right for you to adapt your own website.
Just like your spring wardrobe, a regular check of your IP wardrobe may reveal a few surprises.
Good luck with your spring clean!