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Intellectual Property (IP) 101
HOW TO LEVERAGEINTANGIBLE VALUE FOR
YOUR CLIENTS
Disclaimer: This presentation is intended to be general information. Nothing in the presentation constitutes legal advice. Please consult with an attorney before making any intellectual property protection decisions.
IP 101
MAXIMIZING CLIENT BUSINESS VALUE
MAY 4, 2016
AgendaReview the four types of IP | Intangible
Assets
How to identify and protect IP | Intangibles
Common IP Misconceptions
IP Management Best Practices
Methodology for Advising your Clients
Competing Daily Tasks
4 Types of IP
NAMES
OUTSIDE CREATORS
PRODUCT & SERVICES
Patents TM
CopyrightTrade
Secrets
Capturing & RetainingInnovation is Hard
Patents (Utility & Design)
What is IP?
Homepage
Protect Names – TM SM or ®
Name
Image courtesy: MG Siegler
Copyright©
Trade Secrets = ValueCareful re BYOD
Image courtesy: Beverley Goodwin
POLLING Q1What percentage of companies have IP?- 50%- 100%
IP Misconceptions
IP is just for tech startups or tech companies, and patents are the
only IP for inventors.
IP Misconception
Domain names = TM
IP Misconception
If I pay for it, I own it or if you haven’t taken the steps to secure your IP, it does not mean “game over”
IP Misconception
$$$$$$$$$$$ = Rebrand
Work for Hire –
software &
branding
You can copy anything
without the © symbol
IP Misconception
Patents mean right to make or sell.
Just because you applied for a patent does not mean
you’re first to invent.
I IP Misconception
Prototype
Trade secrets are easy
to protect
IP Misconception
Restaurant
POLLING Q2Does all IP require
registration?
DON’T GET SUED
OTHERS’ WORK
SOCIAL MEDIA
Image courtesy: Shelby Asistio
Careful re Social
Media & Celebrities
METHODOLOGY
CANNOT SELL WHAT YOU DO NOT OWN
Exclude competition Attract investment (including crowdfunding)
Leverage and licenseAvoid IP loss, infringement,
or business failure
When do your clients Need an IP strategy?
IP theft costs US companies $300 billion
annually
500K new startups monthly
vs. 20% protected IP
after 1st year
80% of a business’ value is in their IP & Intangibles.
POLLING Q3From 1994 to 2014, how many IP cases were filed on average in US District Courts?a) 2,000b) 5,000c) 9,000d) 25,000
• Who are you? Employee of another company?
• Personal vs. Company?• Outside the US?
Ownership
READ contracts, licenses,
and
permission to use
Ignorance Is NOT A Defense
Identify IPProtect IPPick a PlatformBuild Social CapitalCreate a Pitch
Fundraising Approach
POLLING Q4
Do Trade Secrets need registration?Yes
No
Traklight’s Software Platform
Traklight’s Software Platform
Traklight Pro Platform
7 Things You Can Do Now1. Make sure your identify and inventory your IP2. Think of your IP in all relevant contracts3. Develop and communicate your IP protection poli-
cies in your company, make it part of your busi-ness
4. Get everyone committed, including your board & senior management
5. Use due diligence and other risk assessments to know where you stand
6. Document and secure your IP in a verifiable way7. Review your IP protection and proactively manage
it
Available Resources
BLOG – Traklight.comHBO’s SILICON VALLEYSCHOOLS STARTUPS EBOOKSLIDESHARE/TRAKLIGHT@maryjuetten @trak-light
Traklight Iron Mountain
Whitepaper on IP Protection, Software Escrow Dummies Book and other resources contact escrow@ironmountain.com or @Jboruvka on Twitter plus Technology Escrow Blog @ ironmountain.com
QUESTIONS?
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