Intellectual Property & Board of Director Responsibilities |
"Corporate Officers and Directors Can Be Liable for Mismanaging Intellectual Property"
Originally published in two parts in Patent Strategy & Management: Volume 1, Number 1 (May 2000); and Volume 1, Number 2 (June 2000). |
"Potential Director Liability For Mismanagement of Intellectual Property Assets"
By A. Jose Cortina, Of Counsel, Kilpatrick Stockton LLP |
"Why directors must take responsibility for Intellectual Property"
By Robert Sterne and Trevor Chaplick, Issue 10 of IAM magazine, February/March 2005 |
"United States: Directors' responsibility for intellectual property in US corporations"
By Robert Sterne, Trevor Chaplick and David J Berger. This article first appeared in IP Value 2006, Building and enforcing intellectual property value - An international guide for the boardroom. |
Board of Director's: Information Security Program |
AICPA/CICA Privacy and Security Framework
Criterion 8.2.1 Information Security Program
"A security program has been developed, documented, approved, and implemented that includes administrative, technical, and physical safeguards to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction."
Some security rules (for example, GLBA-related rules for safeguarding information) require Board (or committee or individual appointed by the board) approval and oversight of the entity’s information security program. |
COSO: Internal Control - Integrated Framework (1994)
“Internal control is broadly defined as a process, effected by an entity’s board of directors, management and other personnel, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:-Effectiveness and efficiency of operations.-Reliability of financial reporting.-Compliance with applicable laws and regulations.” |
"THE TECHNOLOGY COMMITTEE OF THE BOARD OF DIRECTORS:
The Next Wave in Corporate Governance"
“G - Protecting the corporation’s intellectual property. A Technology Committee can develop strategies and priorities for protecting the corporation’s intellectual property…. In this role, a Technology Committee would work hand-in-hand with corporate counsel to evaluate and prioritize a corporation’s effective protection of its intellectual property.” |
Federal Financial Institutions Examination Council (FFIEC) |
FFIEC EBanking Audit Handbook
(Regulatory section on Guidances last updated: 2003) |
FDIC: Risk Management: Suspicious Activity: Bank Management's Role
Bank Management is Responsible for Preventing and Detecting Fraud and Insider Abuse The primary responsibility to prevent fraud and insider abuse rests with the board of directors and senior management. To properly execute their fiduciary duties, management must implement internal controls and other safeguards to prevent fraud and theft whether internally or externally perpetrated. But, even the best safeguards can be circumvented; therefore, systems also must be designed to detect suspicious activities. Once detected, suspicious activities must be reported. |
Sarbanes Oxley Obligations and Intellectual Property |
"Protection Of Intangibles Under Sarbanes-Oxley"
By Thomas Franklin, Esq., Townsend and Townsend and Crew |
Seminar: April 8, 2006, American Bar Association's Business Section's IP Committee
(Membership required) |
From PLI’s Course Handbook 26th Annual Institute on Computer & Internet Law:
Strategies for Information Security, Corporate Governance & In-House Counsel #8858
"THE CORPORATION’S VALUABLE ASSETS: IP RIGHTS UNDER SOX "
By John P. Hutchins, Esq. Troutman Sanders LLP |
Trade Secrets | Trademarks | "Trade Secret Asset Management, An Executives Guide to Information Asset Management, Including Sarbanes-Oxley Accounting Requirements for Trade Secrets",
By R. Mark Halligan and Richard Weyand | "Sarbanes-Oxley and Trademark Portfolio Management: Establishing Internal Controls for Compliance & Preventing Infringement"
By Paul W. Kruse, Esq., Bone McAllester Norton | Suspicious Activity Reports | Corporate Identity Fraud | "When bankers look the other way; Suspicious activity requires vigilance, not avoidance"
Volume 14, Number 5 May/June 2005, American Bar Association - Business Law Today.
By Tucker Ronzetti, Esq. | Corporate identity fraud risks include
fraudulent brands, trademarks, domain
names and related fake web sites
with phishing and malware risks.
These enable federal crimes that
create privacy and security risks
for consumers, hurt the corporate reputation
and present public disclosure issues. | FINCEN: Interagency Guidance -
Sharing Suspicious Activity Reports with
Head Offices and Controlling Companies (1/20/06) | "Phishing and Federal Law Enforcement",
by Jonathan Rusch, Esq. (8/04) ABA
Administrative Law & Regulatory Practice Section. |
|
FINCEN Commentary - SAR Review Issue #9 (10/05):
"According to the Federal Bureau of Investigation, spoofing or phishing frauds attempt to make Internet users believe that they are receiving email from a specific, trusted source, or that they are securely connected to a trusted web site, when that is not the case. Spoofing is generally used as a means to convince individuals to provide personal or financial information that enables the perpetrators to commit credit card/bank fraud or other forms of identity theft. Spoofing also often involves trademark and other intellectual property violations." (http://www.fbi.gov/pressrel/pressrel03/spoofing072103.htm) |
GAO 05-231 Emerging Cybersecurity Issues Threaten Federal Agencies;
federal agencies failing to monitor for trademark infringements and fake web sites (p 47) |
Overcoming Corporate Silo Risks:
Need for a Chief Brand Officer |
Risk Metrics - Corporate Identity Fraud - Online Brand Rating(tm) |
Rating Models |
|
Presentations by Members of the IP Governance Task Force |
"Corporate IP Management Obligations and Responsibilities in the Post SOX World"
By Gary Bender |
"The Impact of SOX on Intellectual Property Management"
By Gary Bender |
"The Real Value in Sarbanes-Oxley"
By Deloitte Touche |
