IPR MANAGEMENT

Ujwal Nandekar
Research Assistant
Symbiosis LawSchool, Pune

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 “Over the last 10 years, it has become imperative for CEOs to have
not just a general understanding of the intellectual property issues
facing their business and their industry, but to have quite a refined
expertise relating to those issues… It is no longer simply the legal
department’s problem. CEOs must now be able to formulate
strategies that capitalize on and maximize the value of their
company’s intellectual property assets to drive growth, innovation
and cooperative relationships with other companies”

Microsoft
10/19/2019 Chairman, Bill Gates2004
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 DEFINITION

 IP strategy is the development of a course of actions that

utilizes intellectual property to enable a company to
sustainably realize higher prices, increase market share,

and/or maintain lower costs than the competition.

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  To encourage and facilitate the effective creation,

 Development

 Management

 Protection of IP

 All policy developments related to IP

 The implementation
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  The determination of the basic long-term goals and
objectives of an enterprise, and the adoption of courses of
action and the allocation of resources necessary for carrying
out these goals.

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 AIM

the aim of an IPstrategy is

To provide a plan whereby all can work together

to create, own and exploit research results,

innovations,

new technologies and works of creativity

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 PURPOSE

 To promote the development of the IPsystem by :

1. IPcreation

2. IPcommercialization

3. IP legal framework

4. IPadministration

5. IPenforcement
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 OBJECTIVES:

 The rising importance of these ‘assets of the mind’ raises

questions about how to best employ them to achieve the
objectives of the corporations that create, and control them.

 Sustainability, competition, and advantage.

 The development of a course of actions that will enable the

company to generate a sustainable stream of profits.
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 REALIZING HIGHER PRICES:

 Pharmaceutical Drugs

 Sony v Vizio

 Coke or Pepsi and a generic cola

Companies have spent many millions of dollars building up the value of

their brand and associating it with their name and trademarks.

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 CAPTURING MARKET SHARE:

 Performance, features, and branding can enable companies to

realize higher price
• Gillette andApple
70% share of the cartridge razor blade market through constant
ongoing innovation, patent protection, and investment in
branding.
Extremely aggressive in enforcing its IPrights to maintain its lead
in features that it considers to be important to consumers
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 MAINTAINING LOWERCOSTS:

 Production or service delivery technologies that are protected from

the competition through intellectual property.
In some cases, trade secret protection is appropriate, while in
others, patent protection is the best strategy.
 Commodity industries where the product is relatively
undifferentiated from the competitor’s offering. In these
circumstances, product performance, features, and branding tend
to be less important in the customers purchase decision
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 In markets with complex technology, a company’s products
inevitably embody both self developed technology and technology
borrowed from others.
 TradeTechnology
 Licensing and cross-licensing arrangements
 Companies that are best able to manage licensing from Non-Profit
Enterprises can sustain higher margins and profits as well.
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 PROCESS

Observe
Orient

Decide

Act

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 OBSERVE

 Observation of the internal and external environment

 Knowledge about what’s going on in the external environment
includes information about the technology environment, customer
needs, competitor activity, the partner ecosystem, and the legal
environment

 Monitoring the performance of the IP organization to stay informed

about the results of the various actions it takes
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 ORIENT

 Orienting the organization to the information observed in the

environment

 Orienting involves filtering, analysis and dissemination of relevant and

timely information to those in the organization who need to know it

 Identify: What???Who???

 Best IPStrategist
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 DECIDE

 Decisions can be made about a course of action that the

organization will take with regard to IP

 Heart of IPStrategy

 Set the priorities and objectives

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 ACT

 IPdepartment

 The creation of IP-protectable innovation, to the creation of

IP assets through formal IP protection mechanisms, to the
leveraging of those assets in the marketplace.

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  Asuccessful strategy will allow the company to achieve ongoing
profits that are greater than their competitors’ profits.

 it strengthens a country’s ability to generate economically

valuable IPassets

 It is the role of the IPstrategist to convert IPassets into

advantage.
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 DISCLOSURE OF IP

 Developed an IP

 Any form of IP

 Capable of Commercialization

 Maintain confidentiality

 To exploit the IP,

 To disclose as fully as possible in line

 All information
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 REFERENCES

 John Palfrey, Intellectual Property Strategy, MIT Press, 2009

 http://web.stanford.edu/group/biodesign/cgi-
bin/ebiodesign/index.php/development-strategy/ip-strategy-menu
 http://www.law.harvard.edu/faculty/faculty-
workshops/fisher.faculty.workshop.summer-2013.pdf
 http://mitpress.mit.edu/books/intellectual-property-strategy
 http://www.smallbusiness.wa.gov.au/business-life-cycle/starting-a-
business/intellectual-property/strategies-to-protect-your-ip/
 http://www.ipvalueadded.com/research/ip-strategy-definition
 http://www.wipo.int/ipstrategies/en/
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  http://www.wipo.int/export/sites/www/sme/en/activities/meetings/singapore_03/s
ingapore_bijlani_9.pdf
 http://www.ip-research.org/books/intellectual-property-strategies-and-
innovation-causes-and-consequences-for-firms-and-nations/
 http://www.ipo.org/wp-content/uploads/2013/04/beneaththesurface.pdf
 http://www.hbs.edu/faculty/Publication%20Files/CMR5504_10_Fisher_III_7bbf941
f-fe1b-4069-a609-9c6cd9a8783b.pdf
 http://www.fujitsu.com/downloads/IR/topics/2006/presentation/060412-2e.pdf
 http://www.lexology.com/library/detail.aspx?g=54a7b205-720d-4029-893d-
515fe730c673

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