Read the article here.
This article points out that when parties enter a distribution agreement, it is prudent to take extra precautions to protect intellectual property. It is vital to understand that while a distribution agreement may be explicit about the retention or ownership of intellectual property embedded in the distributed product, it should also specify the length of any licenses to exploit intellectual property granted under the distribution agreement. Furthermore, when granting distribution rights, owners of intellectual property should consider requiring distributor’s end users to sign an end user’s terms of service agreement to protect against any claims the end user may assert against any associated intellectual property.
Take away:
- Protect the supplier’s IP from distributor’s end users and customers as well as from the distributor.
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Kathy Tomaszewski: Kathy earned an LL.B from the University of Western Ontario and was awarded a Gold Medal for the highest average in her graduating class. She articled as a law clerk to Hon. Bora Laskin, Chief Justice of Canada, Supreme Court of Canada. As a law student, Kathy also worked for one of the ‘Seven Sisters’, drafting proposed amendments to the Income Tax Act, and working in the litigation department. After receiving an LL.M. from Harvard University, Kathy taught law full-time for 10 years at the University of Western Ontario in the areas of constitutional, corporate and commercial law. In addition to teaching and publishing in these fields, Kathy acted as a consultant for the Ontario Securities Commission (researching proposed legislative changes), and the Ontario Human Rights Commission (sitting on Boards of Inquiry). Kathy also taught a course in Securities Regulation as an Adjunct Professor at the Law Faculty of the University of Toronto.While caring for her growing family, Kathy launched her own business in private educational therapy. Kathy has worked with many individuals challenged by learning difficulties and developmental delays, helping them to become independent learners. She has designed and taught courses in all subjects K-grade 8, with a specialty in logic, critical thinking, and writing skills. Kathy continues to act as a research consultant for small law firms on issues ranging from family and criminal law, to human rights and constitutional law. Kathy started with Clausehound in November 2014, and is the Company’s Knowledge & Research lead.