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