Before you introduce your products or ideas into the stream of commerce it is important to familiarize yourself with the area known as intellectual property. Our legal system provides certain rights and protections for owners of property. The kind of property that results from the use of the mind in developing new ideas and products is called intellectual property. Intellectual property law is the area of the law that includes patent law, copyright law, trademark law and trade secret law. In addition, some aspects of other branches of the law, such as licensing and unfair competition are included within the area of intellectual property. Rights and protections for owners of intellectual property are based on federal patent, trademark and copyright laws and state trade secret laws. In general, patents protect inventions of tangible things; copyrights protect various forms of written and artistic expression; and trademarks protect a name or symbol that identifies the source of goods or services. The various intellectual property law specialties are related, often overlap and are frequently practiced together.

Intellectual property may be a concern if your business is developing (or has developed) a product, process, or concept that you are going to market. Intellectual property may also be a concern if your business is using a process that was created by someone else, whether you know about it or not. The laws surrounding intellectual property are quite complicated. If you believe that your business has any intellectual property concerns, you should seek the advice of an attorney who practices within the area of intellectual property.

Before you agree to consign your goods to a consignee, you should have an attorney look over the provisions of the consignment. It is important to find out if the consignee (the person selling your goods) is fully insured. If the consignee cannot provide adequate insurance, then you need to discuss the matter with your attorney and your insurance agent. Other factors such as the commission that the consignee will keep must be fully understood before you agree to consign your goods. An attorney can help you review the consignment document to make sure that all potential issues have been fully addressed.

The terms "Confidentiality Agreement," and "Non-Disclosure Agreement," are often used interchangeably. However, a "Non-Disclosure Agreement," is technically more accurate for describing an agreement between trade secret owners in a non-employment setting.

If you have information that will benefit your business and the information is secret, then a Confidentiality Agreement is a good idea. A solid Confidentiality Agreement can protect your competitors from acquiring your trade secrets.

A landlord may legally break a lease if a tenant materially violates the terms of the lease or commits a significant violation of the law. For example, if the rent is due by the 1^st of every month, and the tenant is three months late the landlord may usually start eviction proceedings. Further, if the tenant substantially damages or attempts to modify the property, the landlord can evict the tenant. Lastly, if the tenant is participating in illegal activities on or near the premises, such as selling drugs, the landlord may evict the tenant.

Even if the landlord is justified in terminating the lease, it is important to remember that the eviction must be carried out by utilization of the legal system. A landlord who changes the locks because he thinks that the tenant has violated the lease may be liable for trespass. The rules for initiating an eviction vary from state to state. Usually though, the landlord must send the tenant a notice stating that the tenancy has been terminated. State law will determine the method that must be used. Some states require a posting on the property, while others require that the tenant be actually "served" by a process server. In any event, the tenant must usually be given a short period of time to move out - usually 15 to 30 days.

Employment contracts are generally utilized in businesses that have a high turnover rate. The computer industry is an example of an area of employment that often utilizes employment contracts. In addition, if you are hiring a person for a position that requires a significant amount of responsibility, and the position is important for your company, an employment contract may be wise. A contract will give you the security of having the position filled, while providing the employee with a sense of job security. If you decide to utilize an employment contract, it is important to have an attorney review the contract for any ambiguities involving compensation and possible termination.

Yes. A written contract will prevent future problems. A contract will reduce all the terms of the service to writing. If a problem arises in the future concerning the duties of either party, the contract can be utilized to clearly define the responsibilities of each party. Without a contract, it is very difficult for a court to enforce a contract. The court is put into the position of trying to determine what was actually agreed upon. Without a contract for reference, this is a very difficult task.

Having a written contract that fully describes the goods being sold or the services to be provided is always a good idea. For the same reasons as above, a written contract can eliminate future problems by clearly defining the responsibilities of all parties involved.

Generally, arbitration is a good idea. Arbitration is becoming very popular given the high cost of litigation and the uncertainty of a jury verdict. However, arbitration will sometimes limit the available remedies. For example, punitive damages cannot be obtained through arbitration. It is important to have an attorney evaluate the nature of your business to determine whether an arbitration clause is in your best interest.