Post on 24-Jun-2015
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Exploiting Intellectual Assets There’s a lot more to intellectual assets than just patents and trademarks.
Find out about the assets that you are not protecting or exploiting
Colin Rose Targeting Innovation Ltd
Agenda
• Why intellectual assets?
• Tangible - or - intangible assets
• Intellectual property
• Asset protection
• Asset exploitation
Why Intellectual Assets?
The Best a Man can Get TM
Intangible Assets
Intellectual Capital
Intellectual Property/Assets
Human Capital
Intellectual Assets
External Facing Factors
Product/Service Based
Contract Based
Customer and Supplier
Business Organisation
Intellectual Property
Copyright/Database Rights
Patent
Trade Mark
Design Right
Trade Secret
Tangible - or - Intangible Assets
External Facing Factors
• Product Based
• Contract Based
• Customer & Supplier
• Business Organisation
Intellectual Property
• Copyright/Database
• Patent
• Trade Mark
• Design Right
• Trade Secret
Intellectual Assets & Intellectual Property
Overview of Intellectual Property Legal right What for? How?
Copyright Original creative or
artistic forms
Trade marks Distinctive identification of products or services
Use and/or registration
Registered designs
Registration*
Patents New inventions Application and
examination
Exists automatically
Trade secrets
External appearance
Valuable information not known to the public
Reasonable efforts to keep secret
Asset Protection
• MONOPOLY RIGHTS
• CERTAIN TIME PERIOD
• ALL REQUIRE FINANCIAL OUTLAY
REGISTERED
Forms of Protection
UNREGISTERED
PATENTS
REGISTERED TRADE MARKS ®
REGISTERED DESIGNS
UNREGISTERED TRADE MARKS TM
UNREGISTERED DESIGNS
COPYRIGHT
KNOW HOW/ CONFIDENTIAL INFORMATION
NOT TRUE MONOPOLY RIGHTS
NEED TO RECORD YOUR
ORIGINATION OF THEM
IN A DISPUTE AN ELEMENT OF COPYING
OR USE MUST BE DEMONSTRATED
CONFERRED RIGHTS ARE FREE
Copyright
Trade secrets
• Any information (formulae, methods, manufacturing processes, financial data, customer lists etc.)
e.g. formula for Coca-Cola, McDonald’s “special sauce”, KFC 11 herbs and spices
• Held secret through its holder’s reasonable effort
• Conferring economic value /competitive advantage due to its secret nature
• Indefinite duration (until disclosed/discovered)
• Means of protection:
Confidentiality agreements
Technological measures
• National unfair competition law
11
Registered Designs
Robert Welch Designs Ltd
142922
Argos
Unregistered Design Right (UK only)
Chloe £185 Topshop £35
Karen Millen Dunnes Stores
• Original designs protected against copying
• Protects shapes and configurations (internal or external)
• Design protected for 10 years from first marketing, or 15 years from
first creation, whichever is shorter
Asset Exploitation
Sell
License
DIY
IP Licensing
Link to YouTube version of Video
http://www.youtube.com/watch?v=q5uDRlH_eFo
Product
• Licensing Agreements
• Technical Know-how
• Proprietary Technical / Production Material
• Processes / Methods
• Product Development Knowledge
• Un-patented Know-how
Contract
• Licensing Agreements
• Consulting Agreements
• Alliances and Partners (e.g. Freelance)
• Non Competitive Covenants and NDAs
Customer and Supplier
• Customer List
• Networking
• Repeat Business
• Market Know-how
• Long-term Contracts
• Affiliations & Networks
• Management Methods
Non IP Assets
• Know-how and show-how e.g. Named designer, R&D company
• Process procedures and technical information e.g. Training manual, help desk
• Confidential information / trade secrets e.g. Drambuie, Irn Bru
• Management systems and infra-structure e.g. John Lewis
• Unregistered trade marks and domain names
• Contracts e.g. employee, lease, license, etc
• Image enhancing customers e.g. by Royal Appointment
• Goodwill and reputation e.g. Virgin not Ratners
• Customer and supplier knowledge and networks e.g. CRM
• Accreditations e.g. ISO, IIP
• Market knowledge
SELL DESIGN
LICENCE DESIGN
DESIGN, MARKET, SELL OUTSOURCE MANUFACTUING (DISTRIBUTION)
CARRY OUT FULL PROCESS SOURCE MATERIALS, MANUFACTURE, MARKET, SELL, DISTRIBUTE, SUPPORT
Some Business Model Options
Some Business Model Options
Lump sum received from purchaser
No requirement to have further involvement with product, i.e. design, marketing, sales, realisation, distribution, etc.
No ongoing costs
Possibility to use funds to develop additional products
No ongoing costs
Income received depending upon sales (and potential lump sum) which are dependent upon deal
Available to work on new designs
Ready outlet for new products, etc.
No further involvement in product
All further development out with control
Funding may be required to get product to stage where sale takes place
How to get full value of design
Sales and future developments outwith control
Sales, etc. are dependent upon others
Funding may be required to get to stage where agreement can be made
Cost of deal and negotiations
SELL DESIGN
LICENCE DESIGN
PRO CON
Now Over to You…
How to exploit Scotland’s intellectual assets.
What are they?
What are they worth?
How would you exploit them?
License?
You have just 15 minutes
Securing Ownership
Who Owns Copyright
• Image taken by Carolyn Robb, the Prince's executive chef.
• Settled for a "four figure fee" for use by Royal Mail.
Exploiting IP – Extracting Value
• Exploitation - Identification - Securing ownership - Actions - Strategy
• Make/market it yourself
• Assign the rights (sell)
• License the rights
• Identify, secure, exploit
• Focus on Commercial Opportunity
• Consider Capacity of Owner
• Lay Foundation of a Business Proposition
IP for Commercial Benefit: Not just for the sake of it.
IP Strategy
You Can Think Out of The Box
So how do you do it?
• Develop an Intellectual Assets policy
• What action is appropriate for your organisation to manage and protect its brand assets?
• IP Registration: protect trade marks, designs rights, copyright
• IA manual to ensure that use of all trade marks, design rights, copyright is consistent.
• Be consistent … across everything
• Creating internal processes and training to ensure that everyone sticks to policy.
Link to YouTube version of video
http://www.youtube.com/watch?v=pUiWHVsXWKE
Summary
• Why intellectual assets?
• Tangible - or - intangible assets
• Intellectual property
• Asset protection
• Asset exploitation
Bye Bye