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Intellectual Property (IP)
101
HOW TO LEVERAGE
INTANGIBLE VALUE FOR
YOUR CLIENTS
Disclaimer: This presentation is intended to be general information. Nothing in the
presentation constitutes legal advice. Please consult with an attorney before making
any intellectual property protection decisions.
IP 101
MAXIMIZING CLIENT BUSINESS VALUE
MAY 4, 2016
Agenda
Review the four types of IP | Intangible Assets
How to identify and protect IP | Intangibles
Common IP Misconceptions
IP Management Best Practices
Methodology for Advising your Clients
Competing Daily Tasks
4 Types of IP
NAMES
OUTSIDE
CREATORS
PRODUCT &
SERVICES
Patents
TM
Copyright
Trade Secrets
Capturing & Retaining
Innovation is Hard
Patents
(Utility & Design)
What is IP?
Homepage
Protect Names – TM SM or ®
Name
Image courtesy: MG Siegler
Copyright
©
Trade Secrets = Value
Careful re BYOD
Image courtesy: Beverley Goodwin
POLLING Q1
What percentage of
companies have IP?
- 50%
- 100%
IP Misconceptions
IP is just for tech startups or tech
companies, and patents are the
only IP for inventors.
IP Misconception
Domain names = TM
IP Misconception
If I pay for it,
I own it or if you haven’t taken
the steps to secure your IP, it
does not mean “game over”
IP Misconception
$$$$$$$$$$$ = Rebrand
Work for
Hire –
software &
branding
You can copy
anything
without the © symbol
IP Misconception
Patents mean right
to make or sell.
Just because you applied
for a patent does not mean
you’re first to invent.
I IP Misconception
Prototype
Trade secrets are
easy
to protect
IP Misconception
Restaurant
POLLING Q2
Does all IP require
registration?
DON’T GET SUED
OTHERS’ WORK
SOCIAL MEDIA
Image courtesy: Shelby Asistio
Careful re
Social
Media &
Celebrities
METHODOLOGY
CANNOT SELL WHAT
YOU DO NOT
OWN
Exclude competition
Attract investment (including crowdfunding)
Leverage and license
Avoid IP loss, infringement,
or business failure
When do your clients
Need an IP strategy?
IP theft costs US
companies $300 billion
annually
500K new startups
monthly
vs.
20% protected IP
after 1st year
80% of a business’ value is
in their IP & Intangibles.
POLLING Q3
From 1994 to 2014, how many IP cases
were filed on average in US District
Courts?
a) 2,000
b) 5,000
c) 9,000
d) 25,000
• Who are you? Employee of another
company?
• Personal vs. Company?
• Outside the US?
Ownership
READ
contracts,
licenses,
and
permission
to use
Ignorance Is NOT A Defense
Identify IP
Protect IP
Pick a Platform
Build Social Capital
Create a Pitch
Fundraising Approach
POLLING Q4
Do Trade Secrets need registration?
Yes
No
Traklight’s Software Platform
Traklight’s Software Platform
Traklight Pro Platform
7 Things You Can Do Now
1. Make sure your identify and inventory your IP
2. Think of your IP in all relevant contracts
3. Develop and communicate your IP protection policies in y
our company, make it part of your business
4. Get everyone committed, including your board & senior
management
5. Use due diligence and other risk assessments to know w
here you stand
6. Document and secure your IP in a verifiable way
7. Review your IP protection and proactively manage it
Available Resources
BLOG – Traklight.com
HBO’s SILICON VALLEY
SCHOOLS STARTUPS
EBOOK
SLIDESHARE/TRAKLIGHT
@maryjuetten @traklight
Traklight Iron Mountain
Whitepaper on IP Protection, Software Escrow Dummies Book and
other resources contact escrow@ironmountain.com or @Jboruvka
on Twitter plus Technology Escrow Blog @ ironmountain.com
QUESTIONS?

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