Choice of Business Entity for Technology Startup
In Canada business entities considered by entrepreneurs include: (1) sole proprietorships, (2) partnerships and limited partnerships and (3) corporations. Each of these entities has advantages as well as disadvantages. Choice of the entity is usually not irrevocable, and often an initial decision will be made with the understanding that, at the appropriate time, a different form of organization will be used.
Protection of Intellectual Property in Technology Startup
Aside from competence of management team, control of intellectual property is a major focus of investor scrutiny. The ability to identify and protect intellectual property directly reflects on investor confidence and the resulting access to capital available to technology start-up. Protection of intellectual property assets is available through the law of copyright, trade secrets, patents and trademarks.
Technology - Nanotechnology
Nanotechnology crosses the fields of biology, chemistry, physics and material science. The field has potential applications in electronics, medicine, communications and manufacturing. Nanotechnology encompasses many different concepts but it is more generally associated with the “manipulation of matter on an atom-by-atom or molecule-by-molecule basis” to construct or build a certain atomic or molecular configuration. Rather than following traditional manufacturing, nanotechnology borrows from living organisms in its goal of constructing machines, such as cells and organelles, by organizing atoms and molecules into particular configurations able to create works of great complexity by performing operations in parallel.
We can help nanotechnology clients with company formation, venture funding, intellectual property protection, technology licensing, patent licensing, research and development agreements, strategic alliance and partnership agreements and technology transfers. In-depth technology experience we offer is a value-added feature for clients. Our nanotechnology clients will also benefit from assistance of lawyers with degrees in hard sciences, not only to write patents and counsel clients on protecting trade secrets, but also for litigating the rights created in those patents and for appreciating the finer points when negotiating a license agreement. The better a lawyer is able to comprehend the technology, the better the quality of the legal work is provided to a client.
When a nanotechnology client has an legal issue, a lawyer that specializes in technology law and has engineering experience does not need to be educated with respect to the industry's special vocabulary, its unique history or current trends. The lawyer already is so educated. This familiarity will potentially reassure clients and will inevitably save them time and money. When a lawyer and a client are both speaking the same language from the outset of their relationship, they are better and faster able to develop creative and practical solutions to legal issues as they arise. The lawyer that has extensive technology background is able analyze, communicate, see things coming, fend them off, do the necessary research, write, negotiate, advocate on behalf of a client more effectively then a lawyer without such a technology experience.
What distinguishes us from many other law firms is our businesslike approach to solving our clients' problems. We recognize that the most aggressive (and expensive) strategy may not always be the best solution to a client's problem. We also recognize that most clients would prefer to spend less money to alleviate their problems than spend more. The Firm’s unique understanding of such issues allows to communicate with business and technical personnel on a more meaningful level, and allows the Firm to avoid solutions that although theoretically sound, are impractical and unworkable.
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