Protecting your brand, your creative work, and your trade secrets through concrete legal structures is one of the many ways we help businesses and individuals at Boughton Law.
Owning the rights to your work is often critical for any business, contractor, or creative individual. Knowing what you need to do to protect your brand and intellectual property early on can save you from running into issues down the road. Should problems arise, Boughton Law can also help you resolve them in a cost-effective manner
We offer a range of services depending on your requirements:
We advise on clearance and potential risks, recommend strategy, give opinions on registrability and infringement, prepare and file applications, respond to examiners, attend to registration, send cease and desist letters, start or defend against cancellation actions and oppositions, negotiate coexistence arrangements and settlements, draft and review agreements for licensing and transferring trade marks and trade mark rights and, where necessary, enforce or defend trade mark infringement or passing off actions against others.
We advise content providers, owners, and licensees on copyright issues, including subject matter, authorship, chain of title, ownership, licensing, assignment, permissions, registration, notice, fair dealing, moral rights and infringement issues in many areas of activity – e.g. software, advertising, visual arts, writing, publishing, design, scientific research, technology, food, wine, photography, education, architecture, film, television and the internet.
We also assist individuals and businesses preserve and protect their trade secrets, confidential information and privacy rights by establishing protocols and crafting practical and effective confidentiality, non-disclosure, and non-competition agreements.
We have extensive experience reviewing, drafting and negotiating provisions and contracts involving intellectual property assets including licensing, marketing, distribution, technology transfer, franchise, partnership, technical support, publishing, branding, agency, service, manufacturing, design, consulting, research, development, evaluation, employment, independent contractor, option, testing, and evaluation agreements.
On matters related to the repatriation of illicitly acquired Indigenous cultural material, we work with both indigenous peoples and institutions to understand the various obligations and opportunities during these processes. Our goal through all of this is to help clients fashion processes and outcomes that promote relationship building and healing.
Boughton Law is a part of Meritas®, a global alliance of independent, full service law firms. With access to firms operating in over 230 markets worldwide, we can draw upon the expertise of trusted foreign legal advisors and even provide referrals if needed.
In highly competitive industries, it is imperative that businesses and individuals protect their trade secrets and confidential information. We assist with preparing confidentiality agreements, non-disclosure agreements (NDA), and trade secrecy agreements on your behalf. We can also provide counsel if there has been a breach of any of these agreements.
We advise clients on key copyright issues including:
We have experience working with clients in a broad range of activities such as software, government, advertising, visual arts, publishing, design, technology, photography, education, architecture, film, television, and the internet.
Boughton Law’s Intellectual Property Practice Group also drafts and reviews copyright provisions and agreements, conducts due diligence, gives chain of title opinions, and counsels clients on protecting, exploiting, and enforcing copyright.
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The publishing industry is one that deals heavily with copyright and intellectual property. In the past, Boughton Law has represented leading publishers, writers, editors, and agents. We have extensive experience advising our clients on copyright, licensing, defamation, and privacy. We also draft, negotiate, review, interpret, and enforce publishing and agency agreements for books, periodicals, and websites.
If you are a writer or work in the publishing industry, we can advise and represent you for specific issues such as:
Regarded as some of the most competitive industries, the software, technology, and e-commerce sectors require that you have strong protection of your intellectual property and the right documentation in place. We provide a range of services to these clients which includes the preparation and negotiation of software development agreements, software licensing and distribution agreements, end-user licenses, call centre agreements, web-linking agreements, domain name protection, strategic alliances, and other contracts related to the commercialization of intellectual property.
Registering for, enforcing, and protecting a trade mark are key components securing your intellectual property. We have considerable experience advising clients about clearance, registration, monitoring, licensing, transfer, and the enforcement of trade marks.
Some of the services we offer are:
Registration is not mandatory, but has some important advantages:
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As an industry that places special importance on authenticity and origin, wine production and related intellectual property safeguards require special attention and industry specific knowledge. Our lawyers have expertise in the wine industry, and our clients range from small, family operated, terroir driven wineries in the Okanagan to large multinational wine brands from Australia, the United States, and Europe.
We offer a range of services including advising on the protection and enforcement of:
Boughton Law has previously acted as counsel for wineries on the purchase and sale of assets, and we have reviewed and drafted wine-related agreements. We also advise on corporate, immigration, tax, regulatory compliance, and succession issues in conjunction with other legal teams at our firm.