On June 6, 2006, Dr. Lila W. Hope, an associate at Cooley Godward LLP gave a talk to bioscience professionals in Palo Alto, CA on the types of intellectual property protections.
She discussed patents, trade secrets, copyrights, and trademarks. As to patents, she explained that employers should be aware of confidentiality, disclosure, assignment obligations, and prosecution rights. To protect a patent portfolio, a company should be diligent in filing and prosecuting patent applications, and implement publication guidelines.
To protect trade secrets, she advised on having confidentiality agreements that address non-disclosure, non-use, publication rights, and the duration of obligations.
She explained California Labor Code Section 2870 which applies to the ownership of intellectual property developed by an employee at his/her own time, with his/her own equipment, supplies and trade secret information, and not relating to his/her employer's business.
Basic standard forms that a biotech company should have include: asset purchase agreement, confidentiality agreement, material transfer agreement, consulting agreement, research collaboration agreement, service agreement, manufacturing agreement, clinical trial agreement, distribution agreement, co-promotion agreement.
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