1. Market Approaches

2. Information Products Software, data, database, web site, video, instructional materials Composite IP objects Composite rights/property/services model –License –Deliver –Assist

3. Five Elements of Relationship Ownership –Multiple IP theories –Personal perception Control –Decisions on work parameters –Choice of publication venue and timing –IP and market issues Money –Costs –Revenue Attribution –Developers’ names –Laboratory/Department –University –Affiliates –Trademark, domain names Risk –Product liability –Infringement –Breach –Regulatory compliance

4. Internal Relations Consolidate rights –Patent, copyright, trademark, internet –Use project or group concept –Use MOUs to document understandings Manage non-rights issues –Money –Services

5. External Relations Project Tools/Precommercial $ or stepped annuity Distribution/Commercial Running royalty, equity

6. Commons Development NIH Guidelines for Unique Research Resources Deposit requirements for publication Research exchange economy—free access –But not obligation to subsidize others –But also quality control and right of association Open architectures attract investment

7. Commercial Products Technology Commons Crossing the Commons Licenses Sites Project Enterprise Customers

8. Marketing 4 Ps of Marketing –Product –Position –Price –Promotion

9. Product Master asset –Resources –Specification –Implementation –Media format –Associated services

10. Product Code Documentation Demo Data samples Curriculum to teach Test suites Benchmarks and performance data Improvement path Simpler or focused implementations

11. Positioning Research courtesy –Do not become a vendor –Avoid selling single copies Value relationship as much as transaction –Channel formation –Repeat business

12. Acquisition Alternative Questions –Buy or Build? –To Know or Not To Know? Acquisition Premises –Access –Evaluation –Use –Distribution –Commercial product

13. Pre-commercial License Pricing What costs will be incurred –To distribute? –To assist? –To manage IP? –To develop further? What is the site manager’s budget? What is your anchor point? What is the public policy?

14. Distribution No-change distribution—20% to 80% Publishers—10% to 50% Tied to hardware—$ amount Bundled—share of 10% to 15% Technology—5% to 10%

15. Royalty Management Percentage Base Diligence Passive reliance vs. active participation Connection with research and instruction Properly represent transaction

16. Promotion Prefer “pull” models –Use web, publications, TRs to announce availability –Target early core set of recipients –Run along extension, affiliates models –Track research partners –Be most open with academic non-profits –Watch out for the commercial fronts, though

17. License Keys Avoid non-disclosure provisions Go source-available or open architecture Permit internal modifications Consider non-assert or grant-back to create commons Cover trademark and domain names Watch sublicensing outside distribution chain Prefer non-exclusive going to sole

18. 2 nd Generation Introduce networked information management alongside patent entrepreneurship Recognize the importance of open architectures to early adopters Integrate IP into broader intellectual capital assets of institution Find value in information standards as well as invention-based products Expect relationships to be worth more than work products that move through them