Estate Planning for Intellectual Property and How to Pass Along Client Rights After Death

• Overview
• Credits

Learn how intellectual property is treated after death and the tax implications of intellectual property income.Intellectual property is a hot area of the law, and businesses, along with individuals, are using intellectual property interests to start, grow and value their businesses. After the patent, trademark or copyright application is filed, most individuals and businesses think they are done with the process; however, some often overlooked interests, estate planning issues, can present significant problems in the future. A change in marital status, death and estate planning structure can all influence how intellectual property is owned, transferred and prosecuted worldwide. This topic will focus on several key points of convergence between the intellectual property world and the estate planning world. Small, mid-size and large businesses, along with business owners and individuals will benefit from this information.

Authors

Agenda

Introduction to the Different Kinds of Intellectual Property (IP): The World of Patents, Copyrights, Trademarks, Service Marks, Trade Dress, Trade Secrets, Domain Names

Determining Whether the Client Has an Interest in IP, and If so, the Kind of Interest

Determining How Title to the IP Is Held, Whether in the Client Alone, Jointly With Others, in a Trust or Business Entity; and How That Affects the Client's Rights in Such Property

Determining What, If Anything, the Client Must Do to Protect and Maintain That Interest and Related Documentation

Whether Title to IP Is Assignable, How so, How May It Be Perfected Against Other Possible Claimants, and Related Documentation

Whether the IP Can Be Inherited Either by Intestate Succession, a Will or Through a Trust

How Title to the IP Should Be Held for Estate Planning Purposes, in the Client's Name Subject to Disposition by Will? in a Trust? in a Business Entity Owned by the Client or His Trust

Determining the Value of the Property for Estate and Gift Tax Purposes

IP Income Tax Issues