Exploiting Intellectual Assets -Ken Marr, Targeting Innovation
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The document discusses the importance of intellectual assets, including both tangible and intangible components, emphasizing the need for protection and exploitation strategies. It outlines various forms of intellectual property, such as patents, trademarks, and trade secrets, and discusses methods for asset protection and exploitation through licensing and contracts. The document encourages organizations to develop an intellectual assets policy to effectively manage and capitalize on their intellectual property.
Exploiting Intellectual Assets -Ken Marr, Targeting Innovation
- 1. 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 Ken Marr Targeting Innovation Ltd
- 2. Agenda •Why intellectual assets? •Tangible - or - intangible assets •Intellectual property •Asset protection •Asset exploitation
- 3. Why Intellectual Assets? The Best a Man can Get TM
- 4. 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
- 5. Tangible - or - Intangible Assets
- 6. 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
- 7. 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
- 9. •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
- 10. Copyright
- 11. 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
- 12. Registered Designs Robert Welch Designs Ltd 142922 Argos
- 13. 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
- 14. Asset Exploitation Sell License DIY
- 16. Product •Licensing Agreements •Technical Know-how •Proprietary Technical / Production Material •Processes / Methods •Product Development Knowledge •Un-patented Know-how
- 17. Contract •Licensing Agreements •Consulting Agreements •Alliances and Partners (e.g. Freelance) •Non Competitive Covenants and NDAs
- 18. Customer and Supplier •Customer List •Networking •Repeat Business •Market Know-how •Long-term Contracts •Affiliations & Networks •Management Methods
- 19. 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
- 20. 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
- 21. 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
- 22. 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
- 24. Who Owns Copyright •Image taken by Carolyn Robb, the Prince's executive chef. •Settled for a "four figure fee" for use by Royal Mail.
- 25. Exploiting IP – Extracting Value •Exploitation - Identification - Securing ownership - Actions - Strategy •Make/market it yourself •Assign the rights (sell) •License the rights
- 26. •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
- 27. You Can Think Out of The Box
- 28. 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.
- 30. Summary •Why intellectual assets? •Tangible - or - intangible assets •Intellectual property •Asset protection •Asset exploitation
- 31. Bye Bye