Intellectual property

For many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based – and so IP needs to be considered very early in the planning process. Intellectual Property: From Creation to Commercialisation provides a detailed grounding for innovators and researchers. The book starts with the source of innovation – that is, at the point where resourcefulness and creativity combine to develop new opportunities through problem-solving – and examines the critical steps that need to be carefully managed in the process surrounding the creation of IP and managing its development from concept through to exploitation. This involves the steps of identifying, capturing and assessing the value of IP. Useful recommendations for managing the transfer of IP from a research environment to the knowledge economy are provided and case studies illustrate pitfalls to watch out for. Readers can expect to gain a broad understanding of IP and the innovation process. Specifically, they will learn: the benefits of implementing procedures to ensure that IP can be protected, managed and exploited effectively; how to assess the most appropriate routes to market, such as licensing or sale of their IP, or establishing a spin-out company to deliver a service or product offering and how to present a viable business case to potential funders and investors.

Intellectual property--United States

Includes index.

Intellectual property--United States, Intellectual property--Economic aspects, and Intellectual property infringement--United States

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

Biotechnology--Patents, Intellectual property (International law)--Economic aspects, International trade, Sustainable development, and Competition

The incorporation of intellectual property protection into the WTO international trading system has been a milestone in international economic law and has added a new dimension to trade regulation — new rights and obligations and new challenges alike. The contributors, leading scholars and practitioners in the field, provide insights into the legal relationship of the TRIPs Agreement to the GATT 94 and the GATS. The book widens the debate with a thorough discussion on pending and unresolved relations of TRIPs, the WTO, UPOV, the Convention on Biodiversity and Farmers'Rights contained in the FAO International Undertaking, and efforts of the World Bank GCIAR system, including IPGRI. What will be the impact of TRIPs on ownership of plant genetic resources? Largely a victory for OECD countries, the present state of intellectual property rights has important implications for developing countries. The incorporation of intellectual property rights into the WTO system will eventually change the relationship of trade, competition, and intellectual property. It will equally have to assist in providing equitable sharing of benefits in the use of plant genetic resources. All of these issues are essential for the revision of exclusions from patenting in TRIPs. This volume offers insights into how this difficult task could and should be approached in a balanced manner and will be essential reading for economists and trade and intellectual property lawyers interested in the subject. Moreover, the volume will be relevant to agricultural economists as it addresses complex problems in the interstices of trade, intellectual property, plant genetic resources, and sustainable development. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Marion Panizzon is Research Fellow, University of Bern. Simon Lacey is Research Fellow, University of Bern.

Intellectual property--Europe, Copyright--Europe, and Patent laws and legislation--Europe

The book deals with the expansion and institutionalization of intellectual property norms in the twentieth century, with a European focus. Its thirteen chapters revolve around the transfer, adaptation and the ambivalence of legal transplants in the interface between national and international projects, trends and contexts. After discussing the institutionalization of copyright and patent law in the framework of the bigger political and economic projects of the twentieth century in the first part, the second and third parts of the collection review relevant processes in the communist regimes and the post-communist societies respectively. The essays point at processes of enculturation, trans-nationalization and universalization of norms, as well as practices of incorporation and resistance. The contributors lay a particular emphasis on the role and activity of social actors in the establishment and validation of intellectual property norms and regimes, from the function of experts and creation of expert cultures to the compelling power of popular street protests.

Intellectual property, Intellectual property--Economic aspects, and Intellectual property--Management

Intellectual Property (IP) is often a company's single most valuable asset. And yet IP is hard to value, widely misunderstood and frequently under-exploited.IP accounts for an estimated $5trn of GDP in the US alone. It covers patents, trademarks, domain names, copyrights, designs and trade secrets. Unsurprisingly, companies zealously guard their own ideas and challenge the IP of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex, and the business, financial and legal issues around it are difficult to navigate. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP – as demonstrated in the pharmaceutical industry's battle with generic drugs.This comprehensive guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, pose the right questions to their advisers and maximize the value from this crucial intangible asset.

Intellectual property

For many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based – and so IP needs to be considered very early in the planning process. The Commercialising Intellectual Property series of ebooks provides a detailed grounding for innovators and researchers. The eighth ebook in the series, Commercialising Intellectual Property, looks at developing an IP strategy, which in turn decides the levels and range of IP protection required by the business / research institution. The a detailed technology evaluation leads to the development of a comprehensive technology transfer package for a licensing partner / IP sale or preparation for a campus company spin-out, as appropriate.

Intellectual property

For many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based – and so IP needs to be considered very early in the planning process. The Commercialising Intellectual Property series of ebooks provides a detailed grounding for innovators and researchers. The fourth ebook in the series, Disclosing Intellectual Property, examines the absolute requirement for novelty in the patenting process against the researcher's natural desire to publish their work and considers the dangers and impact of premature or unintentional disclosure. The use of invention disclosure forms also is covered.

Intellectual property

For many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based – and so IP needs to be considered very early in the planning process. The Commercialising Intellectual Property series of ebooks provides a detailed grounding for innovators and researchers. The third ebook in the series, Managing Intellectual Property, looks at managing the development of intellectual property from concept through to exploitation, involving the steps of identifying, capturing and assessing the value of IP. Specifically covered are Codes of Practice, internal best practice procedures, IP policies and IP audits.

Intellectual property and License agreements

The leading line of this book is the interplay between intellectual property and other fields of law. This volume deals specifically with civil law, criminal law and competition law. The challenge presented to the contributors was to analyze the relation of intellectual property with any of these three fields, from a perspective individually chosen by the author. (Imprint: Nova)

Intellectual property--United States

Intellectual Property (IP) is one of the most vital assets for any business organization. It is a domain not restricted to lawyers alone; it is a crucial area of concern for business organizations, managers, and corporate leaders. Intellectual Property and Business demonstrates how companies can deploy their IP not just as legal instruments but also as dominant and powerful financial assets, and as useful arsenal that can boost their business. The book aims to provide a basic understanding of various forms of IP that business organizations need to protect, and to analyze and understand IP management and strategy through case studies. It highlights these aspects of IP management through the lens of both a lawyer and a business manager.

Intellectual property--Philosophy

What is'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. By analyzing the metaphysical structure of intellectual property law and the concepts the legal system uses to construct'intellectual property', the book sheds new light on the nature of this fascinating area of law. It explains anomalies between social and intellectual property uses of concepts such as authorship - here dubbed'creatorship'- and originality and it helps to explain the role of intellectual property from a structural (rather than the traditional normative) perspective.

Intellectual property--Management

How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry.Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media.Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Intellectual property--Management

How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry.Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media.Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps.The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Conflict of laws--Intellectual property--Europe and Intellectual property--Europe

Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.

Intellectual property--Philosophy and Intangible property--Philosophy

In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.