Reference no: EM132424801 , Length: word counr:-750

Refer to the attached Postaudit Activity, Exhibit 24-1 "Intellectual Property Audit Questionnaire. You will find an exhibit showing a questionnaire for an intellectual property audit. Review the questionnaire carefully.

• As a business owner, what steps would you take to prepare for this audit?

The requirements below must be met for your paper to be accepted and graded:

• Write between 500- 750 words (approximately 2 - 3 pages) using Microsoft Word in APA style, see example below.
• Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
• Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

Question 1. Has the Company ever acquired another entity or the business or assets of another entity or person? (This party may have owned intellectual property that is now owned by the Company.)

Question 2. Has the Company ever sold any assets or business to another entity or person?

Question 3. Is the Company engaged in the development or design of any useful products or parts for useful products?

Question 4. Is the Company engaged in the development, design, or modification of computer software?

Question 5. Are there any individuals who may have developed or designed products or software for the Company who have left employment with the Company? If so, indicate whether each such person signed a confidentiality, nondisclosure, or employment agreement with the Company.

Question 6. Does the Company have multiple websites or are there links from other parties' sites to the Company's site? If so, provide documents relating to the registration of the Company's domain names and website addresses.

Question 7. Does the Company use a docketing system or calendar to provide reminders of due dates relating to any of its intellectual property?

Question 8. Has the Company ever conducted an intellectual property audit, or does it maintain a list of its IP assets? If so, please attach a copy.

Question 9. Has the Company changed its name or address within the past 10 years? If so, records on file with the U.S. Patent and Trademark Office (USPTO) and Copyright Office may need to be updated to reflect such.

Question 10. Does the Company use any trademarks, copyrights, patents, or trade secrets
of others? Similarly, do any other individuals or companies use the Company's trademarks, copyrights, patents, or trade secrets? If so, attach any agreements relating to such uses.

Question 11. Do any employees work from home? If so, do they use their own devices and computers or company-issued computers?

Question 12. What cybersecurity measures does the Company use to ensure its computers remain secure and are not infiltrated?

B. Trademarks and Service Marks

Question 1. Does the Company use any trademarks, service marks, logos, slogans, trade dress, or designs (collectively "Marks") in connection with the offer and sale of its products or services? These Marks may have been displayed on products, labels, packaging, letterhead, business cards, in advertisements, brochures, or other marketing materials, including a website.

Question 2. Has the Company ever applied for registration of any Marks with the USPTO or any state trademark agencies?

Question 3. Has the Company ever allowed another party (such as an employee, client, vendor, or competitor) to use any of the Company's Marks?

Question 4. Does the Company use any Marks that are owned by any third party? Review Company marketing materials, website, and other written documents to determine whether the Company displays or uses Marks belonging to another.

C. Copyrights

Question 1. What written materials does the Company use to advertise its products and services? These may be written materials, scripts or copy for radio or
television advertisements, or website materials. Were these developed by Company employees or by independent contractors working for the Company? What agreements exist relating to the development of such materials?

Question 2. What materials does the Company use internally, such as employee handbooks, training materials, company policies, manuals, training or other
videos, audios, or modules, relating to the way the Company conducts its business?

Question 3. Do Company employees prepare written materials or electronic materials (such as PowerPoint slides) when presentations are made within the Company and outside the Company? If so, describe.

Question 4. Do Company employees submit articles for publication to any journals, periodicals, or other publications? If so, describe.

Question 5. Has the Company ever applied for registration of any copyrights with the U.S. Copyright Office?

Question 6. Are articles from periodicals, magazines, trade journals, and other related written materials photocopied for distribution within the Company?

Question 7. What policies exist regarding reproduction of books, articles, journals, and other materials that may be subject to copyright?

Question 8. Is any music piped in through the Company's offices (whether through the use of CDs or music being simultaneously transmitted by a radio station)?

Question 9. Is music played when callers to the Company are placed on hold?

D. Patents

Question 1. Has the Company or its employees ever invented any useful article, product, method, process, or software? If so, do any inventor or laboratory notebooks exist that document the development of the invention? Does the Company have any present plans to develop any such inventions?

Question 2. Has the Company ever made any improvements to another party's useful article, product, or invention?

Question 3. Has the Company ever engaged in the reverse engineering or decompilation of another company's product or software?

Question 4. Has the Company ever applied with the USPTO for issuance of any patent?

Question 5. Does the Company mark all patented inventions with a patent notice?

Question 6. What process does the Company use to ensure all notices of patent are removed when the patent has expired?

E. Trade Secrets

Question 1. What information does the Company possess that would be harmful to the Company if it were discovered by a competitor? Consider proprietary information relating to research and development plans; calculations and financial data; employee manuals and handbooks and personnel information; information relating to the Company's clients and customers; the Company's
methods of recruiting; methods and processes of production; test results for Company products and services; data concerning the pricing for Company products and services; sales forecasts; research information; manufacturing information; marketing materials; surveys and data relating to customer needs and preferences; and business plans and forecasts.

Question 2. Do employment, confidentiality, nondisclosure, or other agreements exist that protect such proprietary materials?

Question 3. Does the Company conduct employee orientation for new employees and exit interviews for departing employees to ensure employees understand the need to maintain confidentiality of Company trade secrets?

Question 4. What measures does the Company take to protect confidential and proprietary information? Are documents marked "Confidential"? Are proprietary materials kept in locked cabinets? Are restrictions placed on the access to and copying of such materials? Is access to Company premises monitored by cameras, key access, or any other method?

Question 5. What measures does the Company take to ensure electronic communications are protected and secure? Are any encryption methods in place for electronic communications? Describe restrictions on access to the Company's computer systems, including password protection methods.

Question 6. Are any legal notices or disclaimers provided at log-in when Company employees access the Company network?

F. Software

Question 1. Has the Company designed, developed, or modified any software?

Question 2. Does the Company have the right to use any software designed or developed by another party? If so, have licenses been obtained for each user?

Question 3. Does the Company allow its employees to copy any software for their home use?

G. Claims and Litigation

Question 1. Are there any presently pending claims relating to any of the Company's intellectual property? Has any person alleged or claimed that the Company has violated or infringed its intellectual property rights?

Question 2. What claims have been made (whether or not resolved or compromised) within the past five years against the Company relating to alleged infringement
or violation by the Company of the intellectual property rights of others?

Question 3. Has the Company observed or made any claims relating to any possible infringements by others of the Company's intellectual property rights?

Question 4. Does the Company use any methods to detect possible infringing uses of its intellectual property?

H. General Documents and Information

Question 1. Please assemble all applications and registrations, and all license, royalty, security agreements or other agreements relating to trade names, Marks, copyrights, patents, trade secrets, software, licenses, or other similar rights relating to the Company's intellectual property rights.

Question 2. Please assemble all agreements entered into by employees (including officers and directors) and any Company handbooks, manuals, or policies relating to Company employees.

Question 3. Please assemble all agreements entered into between the Company and any consultants or independent contractors.

Question 4. To the extent not already covered, please assemble all agreements or licenses entered into between the Company and any other parties that relate to the Company's intellectual property, which are essential for the operation of the Company's business, or by which the Company is allowed to offer or use another party's Marks, copyrights, patents, processes, software, or other related property, including contracts entered into with the government.

Question 5. Does the Company offer its products or services in any foreign countries? If not, does the Company have any plans to offer its products or services in foreign countries within the next three years?