Going Global: IP Management in your
Export Strategy
18 February 2015
Bianca Mueller, LL.M.
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Agenda
The value of intangible business assets
One product many IP rights
How to manage your IP to gain maximum benefit
Q & A
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The value of intangible business assets
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The value of intangible assets
20%
80%
Physical Assets e.g. buildings, machinery, financial assets, infrastructure
Intangible Assets e.g. human capital, intellectual property, knowledge,skills, relationships with customers and suppliers
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Intangible Assets in your company
Intellectual Property Market Capital Human Capital
Brand & Reputation Industry Knowledge Knowledge
Copyright & Design Partnerships Skill
Innovation Networks Education
Trade Secrets Goodwill Experience
Software & Database Industry Associations
Work Documents Awards / Certificates
Publications
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Copyright Software code User manuals Ringtones Start-up tone Icons & images
One product - many IP rights
Trade secrets Processing algorithm Prototypes and programs
Patents Data-processing methods Sliding lock screen
Trademarks Logo / Brand Product name Start-up tone
Designs Rights Form of overall phone Arrangement and shape
of buttons Position and shape of
screen
Confidential Information / Trade Secrets
Everything that you keep secret because of its actual or potential commercial value to your business
Designs, plans, specifications, drafts, moulds that aren’t publicly available
Research data that aren’t publicly available
Operational and administrative data
Customer information, database of suppliers
Financial statements and business plans
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How to manage your IP to gain maximum benefit
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How to manage your IP to gain maximum benefit
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IP strategy is a must if you
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embark on an export operation
plan to start a joint venture
approach banks or investors
consider selling your business
plan on going public / stock listing
Export and IP
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Increase profit margins
Build and retain client loyalty
Monopoly: the right to use, make and sell a product in that market
Competitive advantage
IP Rights are territorial!
Sell it
License it out
Use it as the basis for a joint venture
Use it to protect products and services in order to extract premium prices
Create and spin-out a new company based on the IP
Use it for a higher M&A value, bank loans, investors
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Risks to your IP
Counterfeiting / copying
Theft (external / internal threats)
Employee negligence
Technical and natural disasters
Early disclosure of new invention, trade secret or new design
Inadequate contractual arrangements with suppliers, customers, licensors, employees etc.
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Your contracts are your business insurance!
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Managing your IP
Take stock of your intangible assets
Determine its commercial value
Have an IP strategy in place and review it regularly
Be smart and involve people with the rights skills
Think long-term
Get everyone on board
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“Because the purpose of any business is to create a customer, the business has two – and only two –basic functions: innovation and marketing. Marketing and innovation produce results, all the rest are costs”.
Peter Drucker, 1973
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About LawDownUnder –tailored legal advice for the IT-Industry
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LawDownUnder is a law firm specialising in technology, intellectual property, commercial, and international law. We offer tailored legal advice for innovative businesses with a focus on commercial and international contracts relating to IT. We help you contract more effectively and save you time and money.
At LawDownUnder, we understand the commercial environment in which our clients operate which is crucial in providing effective commercially focused legal advice. Our extensive experience in the IT industry sets us apart from most other lawyers and helps us to find solutions that are tailored to your specific needs.
What ever the size, we can deliver a commercially cost effective solution for every client. We are small, but specialised. No overheads, just best industry practices.
Smart legal advice for innovative businesses
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Questions?
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Bianca Mueller, LL.M.
Twitter: @LawDownUnder
Information technology law
Drafting and risk analysis of commercial IT contracts
Trademark and copyright law
Protection of ideas, trade secrets, and confidential information
Advice on information security and data protection
European privacy and technology law
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Phone + 64 4 39 000 30Mobile + 64 21 1345 267Email [email protected] lawdownunder
LawDownUnderPO Box 38117Wellington Mail Centre Lower Hutt 5045
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