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Intellectual Property for Entrepreneurs

Slideshow about Intellectual Property for Entrepreneurs by Eric Tachibana

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Intellectual Property for Entrepreneurs

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  1. MY DIRTY LITTLE START-UP SECRET INTELLECTUAL PROPERTY FOR LEGAL-O-PHOBES Updated APR 2014 http://www.flickr.com/photos/wetfoto/

  2. PART 1…..…………….The Roots of Intellectual Property PART 2….……….……………Intellectual Property Law 101 PART 3.......Making Money from Intellectual Property PART 4……..………………….Beyond Intellectual Property PART 5………..………………………………………..IP Resources

  3. PART 1 The Roots of Intellectual Property

  4. Intellectual Property (IP) is a tactical management tool

  5. and nothing more

  6. This is key because the most common mistake entrepreneurs make is to be awed, emotional, or self-righteous about IP, when they should be Machiavellian

  7. Intellectual Property is not one of your fundamental, natural rights

  8. As it so happens, it is a public policy that was crafted in 17th century Europe

  9. For kings, merchants, and clerics to divvy up the benefits of (and control) the newly invented printing press

  10. Before that

  11. For tens of thousands of years of human history

  12. Patents Copyrights Trade Marks

  13. did not exist (*) (*) OK, super IP geeks, give me a break on this one. I’s more exciting if I state it this way, and, despite Ancient China and Senor Brunelleschi and all, it is true in the spirit of the argument

  14. Today, IP policy has evolved from its mercantile roots into a mechanism to accelerate innovation (patents and copyrights) and quality (trademarks)

  15. Here’s the basic Econ 101 party line

  16. If an inventor cannot reap the financial rewards from inventing, because someone else steals the ideas, the inventor will not spend the blood, sweat, and tears required to invent in the first place, and the whole growth machine grinds to a halt (patents & copyrights)

  17. If a pirate can pass themselves off as a quality brand, while producing cheaply, then there will be no incentive for the quality brand to invest in a quality product in the first place (trademark)

  18. So, to fend off future stagnation, governments strike a societal balance between the evils of monopoly and the benefits of innovation & quality

  19. At it’s core, modern IP is a legal framework that grants inventors a limited window of monopoly during which they can enjoy economic benefit

  20. Or in the words of the big dogs… • “The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” -Article I, Section 8 US Constitution

  21. So, simply put

  22. Patents protect inventions

  23. Copyrights protect (artistic) expression of ideas

  24. Trademarks protect quality brands / market reputation

  25. But… To reiterate, ideas and inventions are not fundamental rights

  26. They are temporary grants, given for a specific societal benefit incentivization

  27. The ideas are not “yours”

  28. and you shouldn’t get attached to them

  29. and… if there are more effective ways to achieve the societal aims of incentivizing inventors, then we all shouldn’t get so hung up on IP

  30. But, one last word before we stop with all this philosophy crap

  31. There are also serious, potentially unresolvable problems with IP in today’s world

  32. Think of these as unwanted drug side-effects

  33. Humanity was plenty inventive before 1600AD. The very assumption that inventors won’t invent without cash may be wrong from inception The accelerated speed of invention prompted by the IP system may be dangerous for society in a larger sense It may not be fair that ideas built on thousands of years of public domain are individually owned IP enforcement is getting so hard that IP may be an unenforceable right (e.g.: digital piracy, different legal regimes from country to country, etc) Given creativity & technology complexity and options, IP is increasingly easy to innovate around What about squeegie topics like patenting your genes IP is easily abused by the powerful (e.g.: bio piracy, First World wants versus Third World needs, etc…)

  34. But let’s leave it at that for now

  35. If you’re keen, you can join the rich discussions online about why IP is evil on your own

  36. For now, let’s make sure that we understand the IP regime, so that we can legally manipulate it to our maximum financial advantage as entrepreneurs

  37. as entrepreneurs are meant to do with all public policy

  38. mwahahahahahahahaha

  39. PART 2 Intellectual Property Law 101

  40. But wait, isn't IP law something to leave to the lawyers?

  41. NOOOOOOOOOO!

  42. Did you know • By 1999, 75% of Fortune 100 total market cap was represented in intangible assets • Massive firm investments are required for IP creation and protection • We are living in a globalized knowledge economy • IP rights are key strategic and tactical levers in Competitive Strategy that can make or break firms

  43. IP is NOT something for your lawyers

  44. It is something for you

  45. How you manage IP is a critical part of corporate strategy and one of every manager's responsibilities

  46. Lawyers can help you proof read your legal documents

  47. and, if your lawyers are truly bad ass… • they can even ask you tough, clarifying questions, or give you ideas from what they've learned in other cases

  48. but the terms of the deals are for you, the business, to define

  49. based on your strategic objectives

  50. OK, so what do you need to know about IP in order to do your job?

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