Part of the MaRS Entrepreneurship 101 series.
http://www.marsdd.com/ent101
This presentation will take you through the maze of intellectual property law, introduce you to some common principles, and dispel some myths and misconceptions, relating to patents, trade secrets, copyright and trademarks. At the same time, we will discuss some real life scenarios around protecting and commercializing intellectual property.
This is also available as an audio presentation here:
http://blog.marsdd.com/2007/01/31/entrepreneurship-101-exploiting-your-intellectual-capital/
This IP Strategy Overview was presented at a conference of innovators at Georgia Tech's College of Architecture in October 2013. The goal of this presentation is to go beyond the usual lawyer-generated content to highlight not only the positive aspects of IP, but also to give a reality check as to the likely ROI of investment in protection. A basic overview of IP (patents, copyrights, trademarks, trade secrets) is provided. Additionally, commonly overlooked forms of intangible asset value are presented. A case study of an innovation protection strategy is highlighted. Recommendations for business relevant IP and patent protection strategies are also included.
This IP Strategy Overview was presented at a conference of innovators at Georgia Tech's College of Architecture in October 2013. The goal of this presentation is to go beyond the usual lawyer-generated content to highlight not only the positive aspects of IP, but also to give a reality check as to the likely ROI of investment in protection. A basic overview of IP (patents, copyrights, trademarks, trade secrets) is provided. Additionally, commonly overlooked forms of intangible asset value are presented. A case study of an innovation protection strategy is highlighted. Recommendations for business relevant IP and patent protection strategies are also included.
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
Copyright protects the producers of any
original work, and is relevant to almost all businesses, not just those in the creative industry. Adequate copyright protection can form an important part of an IPR protection strategy. This guide addresses intellectual property issues for SMEs particularly relating to protecting your company's copyright in china. From what copyrights are and why they need to be protected, to what to do if your copyright is infringed.
Intellectual property can be defined as a wide definite account for the group of intangibles that is possessed and protected legally by an institution from outside use or effectuation without consent. Intellectual property comprises of patents, trade secrets, trademarks, copyrights, etc.
The idea of intellectual property pertains to the reality that a few products of human intellect must be given the same rights of protection that enforce to physical property. Many of the developed countries have legal standards set in place to guard such kids of property.Corporations are steadfast in classifying and guarding intellectual property due to the huge worth they hold in knowledge-based economy. Bringing about the worth from the intellectual property and thwarting others from getting worth from the intellectual property is a crucial duty of any company.
Accuprosys is one of the pioneers of intellectual property services in India. All you need to do is get in touch with the well-abled people at Accuprosys and they will guide you in the best ways of keeping your intellectual property well protected and secured and profitable to your business in the years to come.
Speaker: Arshia Tabrizi, Managing Partner
Tabrizi Law Office
This covers the basics of IP law but also helps you approach IP in a strategic way and examine how it fits with your overall business model. We use some real-world examples, particularly in the IT/Web 2.0 space, where IP issues arise and discuss how to address them effectively.
Part of the CIBC Presents Entrepreneurship 101 Lecture Series: http://www.marsdd.com/etn101
Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. This guide will explain what simple steps SMEs can take to best prevent infringement from Chinese competitors and potential business partners.
Entrepreneurship 101: Managing Intellectual Property with Arshia TabriziMaRS Discovery District
Intellectual property (IP) is the lifeblood of every knowledge-based start-up or venture. In this lecture, learn how to manage your intellectual property in a strategic way and examine how it fits in with your overall business model. A large part of your competitive advantage depends on your ability to protect and properly exploit or commercialize your product or service innovations. IP law provides the framework for protecting and commercializing these innovations.
We use some real-world examples, particularly in the IT/Web 2.0 space, where IP issues arise and discuss how to address them effectively.
Rob McInnes, one of Australia's leading patent and technology licensing lawyers gives an overview of IP basics and recent developments aimed at startups.
This was presented in a recent workshop for the INCUBATE startups.
Copyright protects the producers of any
original work, and is relevant to almost all businesses, not just those in the creative industry. Adequate copyright protection can form an important part of an IPR protection strategy. This guide addresses intellectual property issues for SMEs particularly relating to protecting your company's copyright in china. From what copyrights are and why they need to be protected, to what to do if your copyright is infringed.
Intellectual property can be defined as a wide definite account for the group of intangibles that is possessed and protected legally by an institution from outside use or effectuation without consent. Intellectual property comprises of patents, trade secrets, trademarks, copyrights, etc.
The idea of intellectual property pertains to the reality that a few products of human intellect must be given the same rights of protection that enforce to physical property. Many of the developed countries have legal standards set in place to guard such kids of property.Corporations are steadfast in classifying and guarding intellectual property due to the huge worth they hold in knowledge-based economy. Bringing about the worth from the intellectual property and thwarting others from getting worth from the intellectual property is a crucial duty of any company.
Accuprosys is one of the pioneers of intellectual property services in India. All you need to do is get in touch with the well-abled people at Accuprosys and they will guide you in the best ways of keeping your intellectual property well protected and secured and profitable to your business in the years to come.
Speaker: Arshia Tabrizi, Managing Partner
Tabrizi Law Office
This covers the basics of IP law but also helps you approach IP in a strategic way and examine how it fits with your overall business model. We use some real-world examples, particularly in the IT/Web 2.0 space, where IP issues arise and discuss how to address them effectively.
Part of the CIBC Presents Entrepreneurship 101 Lecture Series: http://www.marsdd.com/etn101
Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. This guide will explain what simple steps SMEs can take to best prevent infringement from Chinese competitors and potential business partners.
Entrepreneurship 101: Managing Intellectual Property with Arshia TabriziMaRS Discovery District
Intellectual property (IP) is the lifeblood of every knowledge-based start-up or venture. In this lecture, learn how to manage your intellectual property in a strategic way and examine how it fits in with your overall business model. A large part of your competitive advantage depends on your ability to protect and properly exploit or commercialize your product or service innovations. IP law provides the framework for protecting and commercializing these innovations.
We use some real-world examples, particularly in the IT/Web 2.0 space, where IP issues arise and discuss how to address them effectively.
Сергей Уляхин "Аспекты коммерциализации интеллектуальной собственности" (S.Ul...EconMsu
Лекция Сергея Уляхина про особенности коммерциализации интеллектуальной собственности.
Лекция была проведена в рамках межфакультетского курса МГУ "Экономика инноваций: как запустить технологический проект?". Подробнее о курсе - https://vk.com/mfk_ei
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Intellectual Property Protection Presentation by Matt Poulsen of Suiter Swanz...mklucks
This presentation lays out basic information and topics for early stage start-ups to consider concerning intellectual property, such as patents, trademarks, and copyrights. For more information and resources, visit www.suiter.com.
Matt Poulsen is a patent attorney and co-owner of Suiter Swantz IP.
He represents clients including large Fortune 500 companies, universities, start-up companies and individual inventors. His practice is generally focused on IP procurement and protection, including U. S. and foreign patent preparation and prosecution, patentability and freedom-to-operate analysis and various trademark, copyright and trade secret matters. Matt also advises clients with respect to various start-up related activities, such early-stage IP strategy.
Matt is admitted to the Nebraska Supreme Court and the U.S. District Court, District of Nebraska, and is registered to practice before the United States Patent and Trademark Office.
One of the most overlooked, yet important, tasks of a startup is to ensure that the investment it makes in developing intellectual property is protected. Failing could have dramatic consequences on future investment or valuations.
In this presentation, I walk through why startups should care about IP, what IP is, how to avoid screwing up protecting that IP, and how to leverage existing IP to improve the chances of future investment.
Intellectual property (IP) is the lifeblood of every knowledge-based start-up or venture. Learn how to identify and manage your intellectual property in a strategic way and examine how it fits in with your overall business model. A large part of your competitive advantage depends on your ability to protect and properly exploit or commercialize your product or service innovations. IP law provides the framework for protecting and commercializing these innovations.
Knobbe Martens Attorney Tom Cowan presented "Introduction to IP: Basics of Patents, Trademarks, & Trade Secrets" at a seminar series in our San Diego office.
Similar to Capitalizing on Your Intellectual Capital (20)
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Capitalizing on Your Intellectual Capital
1. Capitalizing on
Your Intellectual Capital
Entrepreneurship 101 Lecture Series
MaRS Discovery District
Tuesday, January 30, 2007
Arshia Tabrizi, Esq.
B.A.Sc.Computer Eng. (Hon), Juris Doctor
Member of California and Ontario Bars
Tabrizi Law Office
Professional Corporation
2. Tabrizi Law Office
Overview
Intellectual Property (IP)
!
! IP Strategy
! Forms of IP
! IP Licensing
! Q&A
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 2
Rights Reserved.
3. Tabrizi Law Office
Intellectual Capital
Intellectual capital = intangible assets
!
! Ideas:e.g. algorithm for gene sequencing
! Know-how: e.g. manufacturing process
! Branding: e.g. Google, drug names
Innovation =
!
“Protecting + Exploiting Intellectual Capital”
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 3
Rights Reserved.
4. Tabrizi Law Office
Intellectual Property
Protect intellectual capital:
!
Rights through:
!
Use, Creation, Registration
!
Contracts
!
Enforcement
!
Exploit intellectual capital:
!
Sales (product)
!
Licensing agreements
!
Strategic Alliances
!
Mergers & Acquisitions
!
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Rights Reserved.
5. Tabrizi Law Office
Intellectual Property
Right to use
!
Sometimes you may “assume” you have the proper
!
rights to use your intellectual capital:
e.g.: contract for software developed by consultants
!
e.g.: Infringement on a third party patent
!
Right to exclude
!
Even if you have the freedom to use, can you prevent
!
others from using your intellectual capital:
e.g.: registration of a patent prevents competitors from using or
!
practicing your invention
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 5
Rights Reserved.
6. Tabrizi Law Office
Intellectual Property
Patents
!
! Strongest form of protection for “ideas”
Trade Secrets
!
! Alternative to patent protection
Copyright
!
! Expression of idea
Trademarks
!
! Branding, market recognition
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 6
Rights Reserved.
7. Tabrizi Law Office
IP Strategy
IP Strategy as integrated business function:
!
What does a knowledge-based enterprise do?
!
“Protect and Exploit Intellectual Capital”
IP Strategy is at heart of any knowledge enterprise
!
Not an independent function or afterthought
!
IP team
!
Engineers, scientists, sales, managers, lawyers
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 7
Rights Reserved.
8. Tabrizi Law Office
IP Strategy
This “is” your business plan!
!
On-going process of assessing intellectual capital:
!
Competitive value, market differentiator
1.
Market research (your friends at MaRS)
!
IP Assessment (patent search)
!
Potential applications
2.
Productizing your intellectual capital
!
Potential customers/ revenue
3.
Exploitation strategy
4.
Result of 2 and 3; license, partner, sell
!
OR use it as an “internal differentiator”
!
e.g. manufacturing process, business methodology
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 8
Rights Reserved.
9. Tabrizi Law Office
IP Strategy
Protect intellectual capital:
!
Legal protection available?
!
Lawyer; forms of intellectual property protection
!
Legal protection desirable?
!
Intellectual property strategy
!
Which forms do I pursue and exploit
!
Do I “share” the information (e.g. open source, standards)
share”
!
Cost of protection
!
Some forms of IP are more expensive (patents)
!
R&D strategy
!
Partnering: option on results of research (license)
!
Internal development: broad/narrow patenting, industries
!
Business strategy
!
License, partner, funding, bootstrap, offensive patents
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 9
Rights Reserved.
10. Tabrizi Law Office
IP Strategy
Self-maintained monopoly:
!
Self-enforcement
!
Big Brother not always there
!
Risk of losing rights
!
By not taking proper actions
!
Elements of IP rights maintenance:
!
Government registrations and filings
!
Contractual measures
!
Monitoring infringement
!
Reverse engineering competitor products
!
Enforcement of rights
!
International, budget, results
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 10
Rights Reserved.
11. Tabrizi Law Office
Patents
Strongest form of IP protection:
!
Exclusive rights over inventions (ideas)
!
20 year monopoly from filing
!
What can be patented:
!
Patentable subject-matter:
!
Product, process, machine, composition of matter
!
Not scientific principles or formulae
!
Created problems for software patents
!
Not methods of medical treatment
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 11
Rights Reserved.
12. Tabrizi Law Office
Patents
Legal test for patentability:
!
New (prior art and patents)
1.
Not Obvious (skilled person in art)
2.
Useful (functional and industrial utility)
3.
Filing:
!
Patent database search
!
First to file system
!
Not first to invent; file provisional early
!
1 year grace period for publication
!
University academic research
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 12
Rights Reserved.
13. Tabrizi Law Office
Patents
Patents are valuable:
!
! Exclude competitors
! Secure market before selling into market
! Venture funding
! Generate royalties
Patents are costly:
!
! $10-100 K to secure a patent
! 2-5 years from filing to registration
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 13
Rights Reserved.
14. Tabrizi Law Office
Patents
Patents must fit with business strategy:
!
Offensive
1.
Exclude a competitor from a broad market segment
!
NTP v. RIM
!
Potential royalties (e.g. Qualcomm)
!
Industry (biotech, hardware, software)
!
Defensive
2.
Freedom of action (i.e. right to use)
!
Collateral for cross-licensing with competitors
!
Large companies arms’ race
!
Microsoft target of 3,000 patent filings each year
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 14
Rights Reserved.
15. Tabrizi Law Office
Patents
Only 5% of patents issued have any value
!
Disadvantages of patents:
!
Patents can be challenged (registration not validity)
!
Patents (claims) can be worked around
!
Scope if key
!
Monitoring can be costly
!
Infringement can be hard to detect
!
Disclosure and lack of secrecy
!
Value dependent on threat of lawsuit
!
Lawsuit may expose invalidity
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 15
Rights Reserved.
16. Tabrizi Law Office
Trade Secrets
Proprietary ideas and know-how
!
Protect by keeping secret:
!
Security measures
!
Employment agreements, policies
!
May lose rights if “lazy”
!
NDA (non-disclosure agreements):
!
Maybe first legal document
!
Large company forms pitfalls
!
Disclose trade secrets in confidence
!
Employees, consultants, customers/partners, investors
!
Pending patent filing
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 16
Rights Reserved.
17. Tabrizi Law Office
Trade Secrets
Advantages over patents
!
! Complete secrecy and no need to disclose
! Unlimited period of protection unless public
Disadvantages versus patents
!
! No protection against reverse engineering
! No protection against independent creation
National Bureau for Economic Research
!
! Patents less effective than trade secrets
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Rights Reserved.
18. Tabrizi Law Office
Copyright
Protects category of “works”:
!
Literary, dramatic, musical, artistic
!
Computer programs (source/object code)
!
Most important form of IP in software/IT
!
Author is the owner of work
!
Exclusive right to copy and perform the work
!
Employees and consultants need contracts
!
Life of author plus 50 years
!
Industries
!
Software, Internet, music, content
!
Google library, YouTube, P2P music sharing
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 18
Rights Reserved.
19. Tabrizi Law Office
IP Licensing
IP Licensing = Exploiting Intellectual Capital
!
$45 billion licensing revenue in U.S.
!
$100+ billion worldwide
!
Small companies dependent on out-licensing
!
Key revenue generating contracts
!
Key relationship management
!
On-going obligations (support, updates, R&D)
!
Specialized counsel IP & corporate/commercial
!
1/31/07 Copyright 2006-2007, Tabrizi Law Office. All 19
Rights Reserved.
20. Tabrizi Law Office
IP Licensing
Most commercial agreements in knowledge-
!
based industries are IP licensing agreements:
Software license
!
Microsoft Word, OEM/Distribution
!
R&D or Co-development agreement
!
Biotech start-up with pharma (license, funding)
!
Technology license
!
IP Core license to ASIC manufacturer
!
Trademark license
!
Internet co-branding deal
!
Content license
!
License of sitcom to TV channel
!
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21. IP Licensing
Elements of licensing agreement
!
! Intellectual
property ownership
! Right to use intellectual property
! Payment terms
! Royalties, license fees, consulting fees
! Warranties
! Liability
of parties
! Termination
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22. Tabrizi Law Office
IP Licensing
Strategic Alliances
!
quot;Technology
#
Large companies position for future developments
!
Licensing a patent, technology or software
!
Standards development (patent pooling arrangements)
!
Money
2.
Selling or licensing a product and generating revenue
!
Funding your R&D with a larger partner/investor
!
Customers
3.
Access to new markets via distribution/manufacturing
!
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23. Tabrizi Law Office
Conclusion
quot; Your Business =
#
Capitalizing on Intellectual Capital
!
! Protect intellectual capital
! Exploit intellectual capital
$# Your Business =
Intellectual Property Strategy
!
! Registration, Contracts (Protect)
! Licensing, Alliances (Exploit)
%# Advisory Group
! MaRS Team
! Legal counsel
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24. Q&A
Tabrizi Law Office
Professional Corporation
30 Kern Road, Suite 103
Toronto, Ontario
M3B 1T1, Canada
T.416.444.9300
F.416.444.9343
www.tabrizilaw.com
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Rights Reserved.