The joy of IP strategy - top 10 questions list PDF  | Print |  E-mail
Lightbulb (Dilanchian IP blog)
Written by Noric Dilanchian   
Tuesday, 24 October 2006

ip_strategy_castle.jpg

All businesses have some intellectual property (IP), and most can do with a better IP strategy. For a better IP strategy it helps to ask the right questions.  Apply this IP strategy test comprising 10 practical questions for a business or idea based on IP.

 

This top 10 list is based on tracking what worked in hundreds of client matters I have personally conducted. It's not definitive but it's a good list to begin an IP strategic planning exercise. Use it to plan, manage and exist from the commercialisation path in your business.

 

  1. 1.   What precisely is the IP and what level of protection is appropriate?
  2. 2.   Whose business strategy and business model is served by the IP and what documents and contracts record and document this?
  3. 3.   What special or unique elements are there in the IP or business strategy and can they be strengthened?
  4. 4.   When and in whose name should IP applications be lodged?
  5. 5.   In what way is the business and the IP ready for the competition?
  6. 6.   What business processes are critical and where are they documented?
  7. 7.   What else can be done to build the level of protection for the IP and the business?
  8. 8.   What assurance or security exists for the stakeholders?
  9. 9.   What value could realistically apply to current and future assets?
  10. 10. What's in it for stakeholders, including collaborators and backers?

 

Effectively implementing IP strategy

 

Among the best moments in art, creativity and invention are those involving raw expressions. However, for ownership and control purposes, law helps those who add strategy and legal precedents.


Answers to the top 10 list lead to the development, documentation and implementation of IP strategy. 

 

Image
Krak des Chevaliers, Syria. Photo: Hugues de Saint Salvy (Flickr)
In these activities to protect the IP of your business, learn from the design of medieval concentric castles. They were castles within castles; protected by two or more concentric walls and sometimes moats and challenging natural landscape. The inner defences were the highest. Krak des Chevaliers in Syria is an almost 1,000 year old example of this type of fort.

 

Store the IP crown jewels near the centre of your business castle. They may be patents, a set of copyrights, confidential information or something else under IP law. Build walls to block competitors, infringers, freeloaders and pirates.  

 

Recommended in the top 10 list are walls built with law (eg questions 1, 2, 3, 4, 7 and 8 refer to law such as contracts and legal documents).

 

Also recommended are walls built with management know-how (here see questions 5, 6, 7, 9 and 10). These walls include those built from cash flow, strong organisational culture, and good and ethical relationships with family members, staff, directors, investors, shareholders, customers, suppliers, licensees and other collaborators.

 

Executives and professionals in HR, finance, IT, legal affairs and other functional areas of your business should be reminded that the walls are there to protect people and relationships between people and organisations, as well as the IP crown jewels. IP strategy, IP protection and organisational sustainability are enhanced by sharing the joy in your concentric castle.

 

 


Want free initial legal advice?

   

Let's talk about your intellectual property, commercialisation and business law needs. 

Call Noric Dilanchian of Dilanchian Lawyers & Consultants: Tel (+61 2) 9269 0229.

After hours send an email or better still an Enquiry Form. We'll reply with a costed proposal.

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