Law and Justice

Posts Tagged ‘Intellectual’

Intellectual asset management is a structured and disciplined approach for turning ideas and knowledge into intellectual property and revenues.

Implementing an intellectual asset management program requires a process driven approach. A process is “a sequence of activities that take an input and produce an output. In business, a process is supposed to add value to the input before producing the output.” Each step of an intellectual asset management process informs and directs the other, leading to greater efficiency with existing efforts.

Intellectual asset management program provides productive synchronicity between innovation management, patent management, intellectual property licensing and IP enforcement, thereby attaining efficiencies in many inter-connected business processes.

Leading companies in almost every industry have acknowledged the need for an effective intellectual asset management program. Companies such as IBM, Texas Instruments, Du Pont, Dow Chemical, Hewlett-Packard, Xerox, Eastman Chemical, Rockwell, Mark and Cadbury Schwepps, among others, have achieved significant profit increases from their intellectual asset management program. Billions of dollars in revenues have been generated from intellectual assets that are identified, managed and licensed through corporate IAM programs. In this paper, we briefly analyze how your organization can gain the same benefits than several leading companies have achieved.

Implementing successful intellectual asset management (IAM) processes requires five fundamental pieces within an organization: an intellectual asset management strategy, a dedicated team, well defined processes, infrastructure and systems, and metrics for continuous improvement.

Intellectual Asset Management Strategy

Developing an intellectual asset management strategy starts with alignment with corporate strategy. It includes evaluating R&D and engineering practices to accelerate time to market and enhance the effectiveness of intellectual asset investment decisions. You should consider assessing and implementing organization structures and work processes that support intellectual asset management strategy. Successful intellectual asset management strategy is much more than a process for patenting and licensing inventions. It takes into account all types of intellectual assets.

These assets include valuable information and trade secrets as well as patentable inventions. For most companies, patents are just the tip of the iceberg. The bulk of intellectual assets are proprietary information, ideas and trade secrets. Your strategy should also include developing and implementing intellectual asset portfolio monitoring and enforcement programs to better protect current products and future development efforts.

A Dedicated Team

To successfully implement the intellectual asset management strategy, you need the support of a dedicated team. With the role of IP legal changing from support to strategic, the team should be comprised of members with complementary skill sets, including engineering, R&D, IP legal and outside law firms. Acceptance from inventor community is critical for the program to work. Clear communication, simplicity and adaptability to their culture goes a long way into setting the right course for long term success.

Well Defined Processes

Effective intellectual asset management is a process and not an event. Process optimization has the biggest short and long term impact on your business. Both you and your extended team achieve significant efficiency improvements. You should work towards mapping each step in your process and automate each administrative task. This approach will reduce cost and significantly decrease the time dedicated to patent management. You should start with setting structure to the innovation management process. By streamlining invention disclosure submission, review and approval process, you can maximize the use of technology skills available throughout the organization and hence improve the

effectiveness of your team in processing new ideas faster. Next, If patents are significant part of your IP portfolio, you should focus on automating patent management process. Whether you use law firms to do most of your patent prosecution or you use a hybrid model, you should map out each task in the process and analyze how it can be delivered with least resources and maximum impact. Similar to patents, you can structure processes for managing trademarks, assertions and enforcement programs, budget and invoicing management.

Infrastructure and Systems

Historically not the first corporate function to receive limited and expensive IT resources, corporate legal departments have operated with a hodge-podge of limited IT automation, piecemeal point solution applications to address a limited set of legal department functions. Such applications were typically created for external law firms, expert at optimizing for billable hours, rather than enabling the corporate legal, and geographically distributed service providers, employee contributors and stakeholders to operate as one for competitive advantage. More recently, while corporations intranet and document management systems have improved the legal departments’ document access, no where – until

Lecorpio – has there been a completely automated, modern and integrated suite of applications designed to optimize not only each legal function’s processes but also enable an extended enterprise, end-to-end collaboration and visibility of intellectual assets and legal processes.

Unlike all current legal application “point solutions” that limit their clients’ operations to how the vendor defines how to run their business with rigidly defined business application logic programmed directly into the product, Lecorpio uniquely provides both the benefits of standalone, turnkey applications for each corporate legal function, but also empowers corporate legal departments to select and choose how they choose to do business and also easily extend their application logic and workflows and do so without expensive, rare and labor intensive traditional computer programming skills. It is designed to work the way you do, work the way your business does, and work the way technology should.

Metrics for continuous improvement

A picture is worth a thousand words. You should make use of an advanced set of visualization tools that provides an easily understood visual essence of every import metric for your legal department. Spot trends, find anomalies, identify strengths and weaknesses by leveraging your legal assets data. The metrics should be designed to help your team understand what’s happening from both 50,000 feet and 5 feet level. By conducting historical and comparative trend analyses to gain insight into emerging opportunities and critical issues, you gain a competitive advantage over your competition.

Transform Operations and Maximize effectiveness with Lecorpio

Lecorpio, the leading provider of Legal Resource Management (LRM) solutions, empowers the world’s leading corporate legal departments, internal corporate constituents and law firms to do more with less with an integrated and collaborative suite of software solutions to automate, manage and optimize all legal functions and processes, individually or “end to end” across the extended enterprise.

Lecorpio Legal Resource Management includes applications for innovation management, patent management, trademark management, IP assertions and enforcement management, licensing compliance management, spend management, contract management, open source management and entity management.

* Lecorpio innovation management provides form, discipline and structure to the invention disclosure process. Innovation Management enables inventors to be actively involved in a dialogue with the legal department and gain insight into how their submissions are moving through the process. This provides organizations gain broader access to ideas and process them for better results. Innovation management provides right information in the right people’s hands at the right time. Each participant in the process is notified when they are needed to perform a task, and alarms are triggered if delays occur. The “top-down” view of the entire process improves strategic planning of solicitations and development of new technology and intellectual property.

* Lecorpio patent management provides for the implementation of measures to ensure that a patent department identifies the right law firm/resources, adequately protects, and controls intellectual property portfolio and budgets. Patent case information is organized into electronic tri-folders analogous to the current paper file folders. All participants in the process, including inventors, in-house counsels, law firm attorneys, administrators, docketing clerks, annuity payment service providers and others, are linked to this database and given

selective access to information relevant to their role in the process. Access privileges are controlled so that each participant sees only what is necessary to carry out their responsibilities. Docketing management is fully integrated with case files, docketing is automatically associated with cases, and the user can instantly link from docket to the case file, or from case file to docket.

* Lecorpio trademark management helps your team collaborate with corporate marketing, product development team members and others throughout the company regarding trademark issues and respond promptly to new trademark search requests. You can manage outside counsels more

efficiently and keep track of budgets, estimates and invoices for each search, filing and registration activity performed by outside counsels.

With Lecorpio trademark management, you can create, manage and analyze your portfolios and cluster them by technology areas, product groups and other business factors. Also, using trademark enforcement management, you can track disputes.

* Lecorpio IP assertion and enforcement management is a robust monitoring system for implementing an effective enforcement program. You can track disputes; create third party profiles, manage incoming/outgoing engagements, manage budget, assess risks and keep track of critical tasks and activities.

* Lecorpio licensing management streamlines the process of creating, managing, implementing, and tracking licensing agreements to optimize revenue, mitigate risk, and improve compliance. With Lecorpio licensing management, you can systematically track and manage your licensing and business agreements, diligently fulfill your contractual responsibilities and track the obligations of your business partners. You can manage various types of agreements such as patent, other IP or software license agreements (both inbound and outbound) and graphically analyze on terms, commitments, and obligations articulated in various agreements.

For more information about Lecorpio and the Lecorpio Legal Resource Management suite of applications, please visit http://www.lecorpio.com or call at 1-408-850-7260

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In the world of Internet niche marketing, the greatest asset is often the chosen niche. Many marketers spend a great deal of time, energy and resources selecting a niche which they believe is going to be profitable. There are certainly no guarantees a particular niche will be profitable but there are certain strategies for choosing a niche that has a high probability of success.

One popular strategy for selecting a niche involves employing a principle similar to the concept of supply and demand. Statistical information supplied by search engines is used to determine the popularity of certain search terms. This information is significant because terms which are being searched frequently are terms which have a large audience of Internet users looking for more information on the niche subject. These are terms which are in high demand. From this statistical information you can build a list of potential niches. Once this list is compiled, it is time to begin researching the competition in each of these niches. Ideally the niche you select will be one which has a large audience and not much competition. These are niches which are in low supply.

Choose the Type of Work You Outsource Carefully

One way to protect your niche is to be selective about the type of work you outsource to others. Many Internet niche marketers are comfortable outsourcing their copywriting and their website design. However, they are more protective about outsourcing tasks such as marketing, niche selection and keyword development. This is because although copywriting and website design both involve optimization for keywords the strategies for doing so are readily available on the Internet. However, many marketers have specific methods for marketing and developing a niche and keywords and are not willing to outsource this work because it will likely involve sharing secret strategies.

Share Keywords via Email

Developing related keywords for the niche is a very important part of the success of an Internet niche marketing campaign. Keywords are absolutely critical and conventional wisdom holds that an extensive list of keywords should be developed for a particular niche to be successful. Some in the industry recommend developing approximately 200 keywords for each niche.

There is a great amount of effort put into the process of selecting keywords and those who are savvy do not want to make it possible for others to find their list of keywords on the Internet. Including a list of keywords on an advertisement seeking a copywriter or website designer will be searchable by others in the industry. For this reason it is not wise to post keyword lists where others have free access to the keywords. This may sound overly paranoid but it is commonly known that Internet marketers often make the mistake of posting their keywords on job boards and those who are interested in harvesting these keywords visit these websites frequently to gather information. Transmitting the keywords through a protected email account or via telephone is a better way to protect the work you have put into developing your niche.

Use a Non Disclosure Agreement

Finally, a non disclosure agreement (NDA) is one way for the marketer to protect his niche when he is outsourcing. An NDA is essentially a document specifying the rights of the employer and employee in regard to sensitive materials. The NDA can be drafted to include any terms the client sees fit. Some example of the restrictions the contractor may agree to by signing an NDA are:

- A definition of which materials are sensitive
- Restrictions on how materials can be transmitted
- A stipulation precluding the contractor from competing in the niche during a given time period
- A duration of time for which the contract is binding

In protecting a niche market the above terms can be used when outsourcing. The client may specify the sensitive materials to be the niche and the related keywords as well as any information regarding marketing strategy. The client may limit the methods in which the sensitive materials can be transmitted to secure emails and telephone conversations. The duration of time for which the contract is binding is up to the client. Common timeframes include the duration of the project or a set number of days, weeks, months or years. In niche marketing a timeframe of at least one year after the project is completed is recommended to prevent the contractors from entering the same niche immediately after the project ends.

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In the fifth edition of Intellectual Property in the New Technological Age, luminary authors Merges, Menell and Lemley continue to offer broad, accessible coverage of the full range of legal protections for intellectual … More >>

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Almost everyone I talk to about ebooks mentions the dangers of stolen work and un-credited content. The cut-and-paste feature in Windows makes pirating a genuine concern.

The good news is that securities have been built into ebook creation programs. Now, the author can limit whether the file can be copied or even printed. You can stop anyone from making changes to the document. Some programs even have a time dated feature where the file will only be available for a set span, such as for a free 30-day trial. You can also create user-unique passwords and track document openings.

One thing about protection, it can only go so far. If someone is determined to steal your work, he or she will find a way. But isn’t that true of print books and manuscripts as well? Be careful that you don’t get so worried about protecting your work that you don’t move ahead.

Here is my take on the protection issue (from a man who makes 8 figures a year doing this). Yes, put protective devices on the file, but then plan for some cheating and make the most of it. By that I mean, plant links within the document for readers to buy the print book, insert links to your web site, links to other products, affiliate links to related products, links to anything and everything pertaining to your work.

Create the document in such a way that you win even if it gets passed around because you’ve got a living advertisement within the document itself. The more people that read your work, the more coverage you get. Don’t forget, anyone who takes the time to read your material is a hot prospect. Yes, you may miss out on a few dollars at that point, but if he’s truly interested, you’ll win in the long run because he’ll want the print copy or other training materials you offer.

Here’s another unusual idea that sounds like jumping off a cliff, but I’m going to give it to you anyway. Give the ebook away. I did this with my Christy Award winner Reaping the Whirlwind. I created an ebook from the book manuscript (It was self-published so I could do that) and loaded it to my web server. I created a web page with a link to download the ebook.

Then I went to a topic-related newsletter that offers free things every Friday and offered it to their giveaway program. I had so many downloads that my site crashed within a few minutes. I gave away more than 1500 ebooks within the next 2 days. But at the same time my Amazon ranking shot up higher than ever before. The reason? People don’t like reading on the computer screen for hours. And once they began reading the book, they found they liked it, so the risk of paying for the print book was gone.

Yes, take precautions to protect your work but be careful that you don’t protect yourself into obscurity.

In the past, many brand owners, both small as well as corporate sometimes did not consider much the immense importance of protecting someone’s brand overseas. The simple key should be “IP strategy”. If a strategic decision has been taken to go and expand the business and open new locations, one of the first things that should be done is to protect your brand. It has happened in the past that brand owners, went overseas, spent money on finding a local distributor, in opening new businesses and then discovered that their mark cannot be protected or has limited protection, when for example someone else has filed for a trademark first, and gained enough goodwill to bar their current application. Therefore, the importance of registering a trademark while planning ahead cannot be over rated.

When filing for a trademark in Israel, one should be aware that Israeli Law currently operates differently than the US trademark Law, whereas in Israel operates on a Mono-Class system , as opposed to the Multi-Class system that operates under US trademark Law.

A mono-class system means that when filing for one trademark in several classes, applicant will have to file several applications for the same trademark. On the financial aspect, this usually will mean that a bigger budget will be needed as each class is considered as one new application, and on the procedural aspect, each application will be allocated a different serial number, sometimes a different filing date and many times be examined separately.

Although one cannot generalize on all legal practitioners, some, do offer a reduced fee when filing for one trademark in different classes.

One more fact, applicant should be aware of, is that Israel is a member of the Paris Convention, by which any applicant who filed an application on an another member state, may file for the same application in Israel provided that the filed application be on the same class number, the same list of goods and/or services, for the same mark and that the Israeli application was filed within 6 months from the earlier priority date. This will allow the applicant to file the trademark in Israel claiming priority on the previously filed application date.

More factors need to be considered when filing for a trademark in Israel and it will be further detailed on the following article, published on this subject.

Although the data provided on this article should be error free and accurate, it can under no circumstances be considered as a legal advice and one should contact a lawyer on a case-by case advice.

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Since the rise of Napster and other file sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motio… More >>

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When an employee or consultant obtains works without a license and they are used within a business (such as photographs or software), they will infringe copyright. In the ordinary course, employers are vicariously liable for the acts of employees during the course of their employment and for the acts of independent contractors. A copyright owner is likely to have several courses of recovery for the infringement against:

the employee or consultant for authorising the infringement by the employer;

the employer on the basis of vicarious liability;

a person responsible for a place of public entertainment, for allowing or permitting to be used for performance of a literary, dramatic or musical work;

a person providing the means by which to reproduce the work.

Obviously, the employer is the most likely target for a claim to damages, as they are seen to be 1. a stable enterprise with a vested interest in avoiding litigation followed by a damages payment; and 2. the employee is more than likely not going to be in a position to satisfy a judgment and the legal fees incurred in the conduct of a claim.

The Measure of Compensation

Damages are said to be at large in copyright cases, as they are not fixed to any particular measure. Damage caused by infringement of copyright is quantified by the value by which the copyright is diminished as a chose in action.

The measure of pecuniary damage likely to be ordered in an action for copyright infringement is that of its commercial value. The commercial value of a work in the circumstances of infringement is reached by one of two methods. Firstly, where the infringing works are sold (by the defendant), the commercial value is represented by the loss of profit to the owner, as the owner has been deprived of the opportunity to sell licenses for the work. The alternate means applies where the work is simply used by the defendant, and not resold by them.

Sales of Goods and Diversion of Customers

When a copyright work is copied and sold, the owner of copyright is entitled to recover their loss of profit caused by the diversion of trade to the defendant. Thus, in a case where the claimant was in the business of producing Christmas cards and offering them for sale to the public, the claimant was awarded the profits that the claimant was deprived by the actions of the defendant.

This is not to say that the claimant would be entitled to recover for all of the sales made by the defendants, as the claimant may not have sold as many as the infringer; whether the claimant will be entitled to recover for all of the infringing sales of the defendant depends on the circumstances of the case at hand. In the events that the particular copyright work is sold at reduced prices serves aggravate the damage suffered by the claimant.

The owner is also entitled to recover for the loss to the reputation of the original copyright work. A loss of reputation will take place where the works are sold at a reduced price, at a reduced quality or in a vulgar or distasteful fashion, such the claimants’ own sales in the future would be prejudiced.

Reproductions without Sale

Where the defendant does not trade in the goods copied, such as using photographs on a website, or uses infringing software, the method of calculation described above (which accounts for loss of profits for diversion of trade) is not the appropriate measure for calculating damages. The proper measure in these circumstances is a reasonable license fee that the copyright owner would reasonably charge for a license to use the photographs in the particular circumstances. The award of damages will be that of a willing copyright owner and a person in the position of the notional licensee, being the defendant.

Conclusion

Simply because a copyright owner seeks to recover from business, does not prevent the business seeking recovery from the employee or consultant who was responsible for, that is, authorized the infringement by obtaining the copyright work unlawfully and making it available to the business for use.

Despite frequent claims of excessive damage by owners, they are not in a position to enforce a claim for a sum of compensation greater than the loss that they are able to prove with reasonable certainty. This process takes in a process of ascertaining on the particular facts what the copyright owner would in fact be entitled to recover at law.

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