Contemplation of a New Business

new business

By Dawn Wattie  In contemplating a new business endeavour, the potential business owner needs to take into account initially broad considerations such as: (a) who and how are the business accounting and bookkeeping responsibilities going to be handled; (b) who and how is the business going to be structured; (c) where and how will the product(s) and or service(s) be sold; and (d) how will the business make money. In seeking answers to these broad considerations, it is helpful for the potential business owner to consult with accountants, bookkeepers and legal counsel. Consulting with an … [Read more...]

Ownership of Intellectual Property

Surrey Intellectual Property Lawyer | Patents, Trademarks, Copyright

By Dawn Wattie  There is the perception that if an individual purchases intangible assets, such as a software application, a music video, a film, a game or a business pays for a designer to develop a new brand, business card or letterhead that the individual or business owns the intangible asset. Under Canadian copyright laws, except in the case of employment or clear contractual provisions assigning the copyright and waiving moral rights in favour of the individual or business, the author of such works is the owner of the copyright and moral rights and the individual or business has … [Read more...]

The Ins and Outs of Contests: Entering a Contest

contests, contest rules

By Melissa Beirnes, Articling Student So you have decided to run a contest and have selected the type of contest you will be running. The next step in planning is to consider how individuals will enter your contest. This is not as simple as it may appear. Section 206 of the Criminal Code prohibits requiring a potential contest entrant from paying money or other valuable consideration to enter a contest where the winner is chosen by chance or a mix of chance and skill. An example of a contest of mix chance and skill is one where the winner is selected by a random draw followed by a … [Read more...]

The Ins and Outs of Contests: Picking a Contest

contests, contest rules

By Melissa Beirnes, Articling Student So you want to run a contest. Contests offer a great promotional opportunity. Careful planning, however, is required because you will want to ensure compliance with the applicable law. The first step in your planning is to decide on the type of contest you want to run. This is not as simple as it may appear. Section 206 of the Criminal Code prohibits contests where the winner is chosen solely by chance. In picking your contest, you will want to select either a contest where skill determines the winner or where the winner is chosen by a combination … [Read more...]

Post-incorporation is more complicated than you might think

post-incorporation

By Dawn Wattie, Surrey Business Lawyer Securing an incorporation certificate and having your signed Incorporation Agreement, Articles and consent(s) to act as directors does not mean the company is in operation. To be fully operational, the directors and shareholders have to: Complete the set up of corporate records and minute book. Set up accounting records. Open a bank account. Use their business number to obtain GST and or PST numbers. Get a business permit and WCB assessment number. Pass incorporation resolutions and first director resolutions to issue … [Read more...]

Incorporating a company

incorporating a company

By Dawn Wattie, Surrey Business Lawyer Incorporation is deceptively easy and only the first step to properly establishing a company. With the advent of online corporate registration systems such as BC Online, the responsibility for properly completing incorporation of a new company falls to the completing party as the BC Corporate Registry no longer provides a substantive review of incorporation documents. As a result, an online incorporation application can be completed and an incorporation certificate issued whether or not the legal requirements of incorporation are met. The online … [Read more...]

Severance – what private sector employees should think about in negotiations before taking a new position

the importance of negotiating severance

By Dawn Wattie, Surrey Business Lawyer There is considerable uncertainty in the job market as the global economy continues to emerge from the events of 2009. Many organizations continue to face restructuring and or downsizing to cut costs. This often leaves senior employees in companies vulnerable because they are often the highest paid staff and have the most benefits. For many private sector employees the terms of their employment don't go beyond what's stated in their offer letter - and usually do not include detailed termination and severance positions. When an employee receives … [Read more...]

Intellectual Property: The Nuts and Bolts of Every Business

intellectual property nuts and bolts

By Dawn Wattie, Surrey Business Lawyer Every business is essentially built on some form of intellectual property (IP). Some examples include: Individual know-how A new service or product A new method of doing business The way or means in which a service or product is packaged and marketed The name or brand of a service, product or method A new process, design or computer application or program All of these things are intellectual property but are not necessarily treated, documented and protected as IP. It is the intellectual property of an organization that attracts … [Read more...]

The Basic Terms of a License

basic terms of a license

By Dawn Wattie, Surrey Business Lawyer All licenses to use intellectual property (“IP”) should include: Limited grant or scope of the right to use such as: The right to use but not modify Territory or field of use limitations Exclusive or not exclusive to the licensee (Note: most online licenses are non-exclusive and focused on the end user) Conditions of the grant or right - meaning what you can and cannot do such as: Right or prohibition to sublicense to others; Right to use but not modify; Right to create back-up copies, etc Ownership rights Who is … [Read more...]

What is a License?

what is a license

By Dawn Wattie, Surrey Business Lawyer When you purchase a video game, a computer program, a music CD, a DVD movie, a new book, download a song or photograph from the internet or pay for the use of information services from a website, you own the media on which the game or program is replicated but you do not own the game, program, song etc. The game, book, song, etc. are all intellectual property (“IP”) - when you make these purchases you are paying for a limited right to use or license the intellectual property. The IP owner retains all ownership rights but has decided to develop … [Read more...]