Presentation on IP Management and Start Ups by Prof. A. B. Suraj
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Presentation on IP Management and Start Ups by Prof. A. B. Suraj
1. Prof. A. B. Suraj
Intellecture Seminar Series
Bangalore – November 2009
2. Session Objectives
To understand the “intangibility” of IPRs
To appreciate the value of protected IP
in gaining competitive advantage
To gain an overview of the strategic
elements towards better leverage of IP
3. IPRs – General Bases
Economic (and technological) rationale
– aids overall development
Social benefits – enriches the Public
Domain and Basic Research
Legal monopoly – towards fair regulation
within the territory
4. Forms of IPRs
Patents – Patents Act, 1970
Copyrights – Copyright Act, 1957
Trade Marks – Trade Marks Act, 1999
Industrial Designs – Designs Act, 2000
5. Forms of IPRs …
Layout Designs of ICs
Semiconductor Integrated Circuits Layout-
Design Act, 2000
Geographical Indications
Geographical Indications of Goods
(Registration and Protection) Act, 1999
6. Forms of IPRs …
Plant varieties – Protection of Plant
Varieties and Farmers’ Rights Act, 2001
Traditional Knowledge – partly by
Biological Diversity Act, 2002
Trade Secrets – Contractual – no
legislation in India
7. The “Intangibles”
Goodwill and reputation
Consumer perception/identification
Scientific and literary acclaim
Advertising reach
Traditional usage and “prominence” enjoyed
Media fame
One form of IPR leads to the other!One form of IPR leads to the other!
8. Pressures of
Enforcement
IPRs = fiercely competitive usage;
justifies criminal remedies too
IPRs and Global recognition
IPRs are territorial in nature
No single authority or uniform standards
National systems and interests continue to
preside
9. Principles of
Traditional Management
Organizing towards:
Perfect replicability & standardization
Ever-increasing scale
Incremental process efficiency
Efficiency + Productivity = Growth
Role of IPRs – game-changer?
RoI = Return on Innovations
Maximizes interests; with minimal efforts
10. Intellectual assets
Key Principles:
Visibility and full exploitation
Internal and external – aggressive
pursuit of IP protection
Role of Intellectual assets in business
alliances and joint ventures
11. Intellectual assets …
Key Issues:
Identifying the key geographical areas –
for marketing and registration of IPRs
Study the level of innovative behaviour
among the competitors; and suppliers
Role of building brand equity
12. Offshore Collaboration
Typically of three types:
Captive entity – wholly owned subsidiary – IP is
fully owned; but has other legal implications
Joint venture – a new combined company – IP is
based on the Shareholding Agreement
○ BOT Model – involves transition risks
Contracting - with a local Supplier – Enforcement
with due diligence – e.g., Confidentiality; Parent-
subsidiary relations
Determining factors = cost, commitment,
control, flexibility and liability models
13. IP issues in Contracting
Sharing regime + sustained ownership
Disparities in applicable laws & IP rights
Identify, define and document –
processes and products
Due diligence & IP Valuation
14. IP issues …
Enforcement – involves local issues too
Employer-employee relations – framework
of trusteeship
Data protection and security
Dispute settlement and arbitral
enforcement
15. Emerging issues
Licensing in IPRs
Emerging trends in global supply chain
Minimum level of “reasonable control” – as evidenced in
Contracts and practices
Raises anti-trust and RTP claims as well
Securitization of IPRs
Methods of valuation and their accuracy
Procedure of affirming “secured interest”
Liability of Service Providers in E-Commerce
Scope and content of “due diligence”
Increasing burden on the ISPs to be “IP-Police”