1. MANAGING intellectual property ASSETS
Managing Your IP Assets
Anny Slater
Slaters Intellectual Property Lawyers ™
MANAGING intellectual property ASSETS
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

2. CREATE THE RIGHT ENVIRONMENT
Managing Your IP Assets
CREATE THE RIGHT ENVIRONMENT
IP - is a living, breathing entity
IT HAS -a consciousness
IT’S MORE -than traditional IP
e.g. employees and the reputation economy
IT REQUIRES - right and left brained engagement
YOU MUST SPEAK - in terms of what is right for the entity
YOU MUST GIVE - employees the tools to become gatekeepers
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

3. INTELLECTUAL PROPERTY TOOLS
Managing Your IP Assets
INTELLECTUAL PROPERTY TOOLS
YOU NEED AN INTERNAL POLICY ON:
ACQUISITION
EXPLOITATION
MONITORING
ENFORCEMENT
NEW PLATFORMS
INTEGRATED WITH YOUR OVERALL BUSINESS STRATEGY
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

4. Managing Your IP Assets
ACQUISITION
CONDUCT internal education
to identify IP and know where it might be created or hide
GET employees excited about discovering IP and reward them for it
HAVE a reporting structure- create forms audit employment agreements, moral rights, resale rights, written deeds of assignment
INCLUDE IP in marketing plans and strategies and conduct searches regularly
PUBLICISE by press releases (or Outbrain)/Twitter/SnapChat/Instagram/FBook creating awareness and goodwill
ACQUIRE formal rights as early as possible including new media and in all markets local and overseas
ASSESS the cost benefits of formal rights versus other methods e.g. domains/Twitter etc/contracting/black box/trade secret; consider registering defensively
RAISE finance off the wealth of the IP including export grants. Is it good enough to float?
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

5. Managing Your IP Assets
EXPLOITATION
IP is more than acquisition and not worth much unless it is adequately exploited locally and internationally
Much of a company’s IP may not be registrable and may call for confidentiality agreements and protection of knowhow and common law assets, Adwords
Agreements -licensing, franchise, JV, angel investment, partnership, sale, cross licensing, mortgage, guarantee, business finance – make sure terms are clear as to who owns the IP at any given time. Do you need to own?
REPUTATION economy™- goodwill tasks for free. Twitter, metatags, social networking, mobile environments, customer trends, how people access information, how to monetise your reputation and goodwill, freemium™ ad campaigns to up sell a cost product, establishing reputation credits
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

6. Managing Your IP Assets
MONITORING
CREATE a central register in house – a living, breathing depository of your IP assets
DO regular litigation housekeeping of the register and records and contracts – conduct searches monthly for infringers and new technology
BE across latest content platforms and access them
IDENTIFY new licensing, franchise partners and suppliers
MONITOR the activities of competitors but do not imitate
INITIATE a board of advisors to cover the areas you cannot
CREATE a database of deadlines
CONSIDER renewing for defensive purposes
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

7. Managing Your IP Assets
ENFORCEMENT
EARLY DETECTION and speedy action
in all markets
DEFENSIVE registrations, easy access to documents and clear lines of title
CONSIDER mediation, ADR, arbitration clauses in agreements
KNOW your costs, strategies for litigation
Would you be better placing that money into your business and your employees?
Is there an industry union, trade ass’n, tribunal or government dept that can enforce for you?
KNOW the value of your IP and have ready access to sales information
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

8. Managing Your IP Assets
TECHNOLOGY
Mobile platforms
Social media
The economy
Software e.g. scraping- T’s & C’s on a website
Privacy invaders –employees who leave with lists
Paywalls and e-contracts
Hacking
Reproduction of products
Customs regn and parallel importation
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

9. EXPORT DEVELOPMENT GRANTS
Managing Your IP Assets
EXPORT DEVELOPMENT GRANTS
Can claim -IP registration costs and/or IP insurance.
a cap of $50,000 cap per application
payments made to third parties, eg. patent and TM attorneys, for the grant, registration or extn of regn of IP for countries other than AU and NZ.
the cost of insurance premiums paid for protection against possible infringement in countries other than AU.
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

10. MAINTAIN THE INTEGRITY OF IP
Managing Your IP Assets
MAINTAIN THE INTEGRITY OF IP
ACT defensively as if at war
HAVE a strategy in place
HOLDING company or personal name ownership may not assist
DEADLINES database and a register
REGULAR & periodic review
USE it or licence it
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers

11. Managing Your IP Assets
QUESTIONS AND ANSWERS
Copyright Slaters Intellectual Property Lawyers
Slaters Intellectual Property Lawyers