Intellectual property strategies for the 21st century corporation : a shift in strategic and financial management / Lanning G. Bryer, Scott J. Lebson, Matthew D. Asbell.
2011
KF2979 .B729 2011 (Map It)
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Details
Author
Title
Intellectual property strategies for the 21st century corporation : a shift in strategic and financial management / Lanning G. Bryer, Scott J. Lebson, Matthew D. Asbell.
Published
Hoboken, N.J. : Wiley, [2011]
Copyright
©2011
Call Number
KF2979 .B729 2011
ISBN
9780470601754 (hbk.)
0470601752 (hbk.)
0470601752 (hbk.)
Description
xiii, 322 pages : illustrations ; 26 cm
System Control No.
(OCoLC)682903971
Summary
"A practical approach to the modern management of intellectual property The world has changed significantly in the past decade, resulting in new behavior and practice related to the ownership and management of intellectual property. This book helps executives, attorneys, accountants, managers, owners, and others understand the legal, technological, economic, and cultural changes that have affected IP ownership and management. It provides case studies, practical examples and advice from seasoned and enduring professionals who have adopted new and streamlined methods and practices whether as in-house or outside counsel, or service providers. Provides a practical yet global approach to corporate IP management. Serves as a resource for in-house and outside counsel, executives, managers, accountants, consultants and others at mid-size and large corporations. Helps professionals navigate the numerous new challenges that have changed the ways in which intellectual property is obtained and managed. Details the latest trends in valuation, exploitation, and protection of intellectual property. Extensive coverage of the legal, financial, accounting and general business aspects of intellectual property. The combined expertise of lawyers, accountants, economists and other business professionals. Timely and relevant in view of the global economic recession amidst rampant technological development, this book offers new solutions, practices, policies and strategies as a result of changes in economies and markets, laws, globalization, environment, and public perception."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Preface
ix
Acknowledgments
xiii
ch. 1
Corporate Strategies, Structures, and Ownership of Intellectual Property Rights
1
The Importance of Intellectual Property---A Changing Paradigm
2
Operational Strategies, Structural Aspects, and Ownership Issues
3
Roles: Legal versus Business
3
Strategies and Structures for the Management of Intellectual Property Rights
4
Ownership Issues
9
Maximizing the Potential
11
Tax Considerations
19
Legal Concerns---Antitrust
20
Conclusion
21
ch. 2
Properly Evaluating a Target with Intellectual Property Rights
37
Intellectual Property in Mergers and Acquisitions
37
Identifying Intellectual Property in a Potential Target
38
Verification of IP Rights
40
Evaluating IP in the Target
42
Looking Ahead
44
Conclusion
45
ch. 3
Growth through Acquisition or Merger
47
The Merger or Acquisition Target
47
Benefits of Mergers and Acquisitions
53
Logistics of the Acquisition/Merger
54
Conclusion
60
ch. 4
Penetrating New Markets through Extension of Goods or Product Lines or Expansion into Other Territories
63
Types of New Business in Connection with Patents
63
Product Development and Market Exploitation in the 20th Century---Era of Closed Innovation
65
Recent Product Development and Market Exploitation---Era of Open Innovation
67
Future Product Development and Market Exploitation
70
Conclusion
72
ch. 5
Intellectual Property: From Asset to Asset Class
75
Introducing IP-Enhanced Indexes
77
Creating a Market for Intellectual Property
82
What Exactly Is a Live Multi-Lot IP Auction?
83
Moving to a Traded Exchange
86
Benefits of the Unit License Right[™] Contract Model
87
Market Players and Economic Motivations
88
Conclusion
91
ch. 6
Strategic Patent Management after the Boom: Managing the R&D and Patent Pipeline
93
Patent Strategy
93
Disruption: The Post 2008 Recession
99
A New Strategic Approach
101
Review and Communicate the Implementation of the Strategy
114
Simplify Executive Communication
115
Managing the R&D and Patent Pipeline
116
Managing the Patent Staff
116
Small Companies and Individual Inventors
117
Conclusion
119
ch. 7
Global Piracy and Financial Valuation of Intellectual Property Revisited: Threats, Challenges, and Responses
121
Google versus China: A Case Study for Censorship in the Context of Economic Might
121
Identity Theft, Cyber Gangs, and Alarming National Security Concerns
124
Are Proceeds from Counterfeited Goods Funding International Terrorism?
126
Government and Corporate Responses to International Intellectual Property Theft: Nanotechnology to the Rescue?
130
Conclusion
135
ch. 8
When to Litigate: Rise of the Trolls
143
What Is a Non-Practicing Entity?
144
Why Do You Believe Your Company May Be at Risk?
146
What Are Your Defenses?
147
Take Action or Wait?
150
License or Litigate?
153
Conclusion
157
ch. 9
Using Insurance to Manage Intellectual Property Risk
159
Case Study---Bob's Bike Shop
160
Case Study---Blaze Telecommunications
161
Issues Raised by the Case Studies
163
Why Buy Insurance to Cover Intellectual Property Risk?
169
That Was Then: Development of Insurance Policies Covering Intellectual Property-Related Risks
169
This Is Now: Types of Insurance Policies Responsive to Intellectual Property-Related Risks
170
The Details: Process, Paperwork, Pricing, and Getting Claims Paid
177
Conclusion: Why IP Insurance Is No Longer Optional
183
ch. 10
Exploring Alternative Dispute Resolution
187
Why ADR Is Relevant
187
Exploring the Use of ADR Methods
188
Types of ADR
188
Benefits of ADR
191
Disadvantages of ADR
194
Mediation Is the Best Option for IP Conflicts
195
The Best Mediator
197
Process and Tips
199
International Mediation (Cultural Differences)
200
The Future of Mediation
201
Conclusion
202
ch. 11
Outsourcing and Offshoring of IP Legal Work
205
Reality Check
205
Outsourcing or Offshoring in the IP Context
208
Conflicts of Interest
208
Confidentiality
209
Supervision and Competence of Those Being Supervised
210
Attorney-Client Privilege and the Practice of Law
211
Billing
212
Status Quo
213
Conclusion
213
ch. 12
Intellectual Property Legal Process Outsourcing
219
History
219
Data Exchange Risks and Protection Issues
222
Outsourcing Economics
223
Selecting Projects and Providers: What Is Outsourcable and Who Can Do It?
227
Case Studies
230
Conclusion
233
ch. 13
Satisfying Ethical Obligations When Outsourcing Legal Work Overseas
237
Permissibility of Outsourcing
237
Need for Heightened Investigation and Supervision
238
Evaluating the Project
239
Evaluating the Potential Provider
240
Ensure Absence of Conflicts
242
Providing Initial Direction and Ongoing Supervision
243
Avoiding the Unauthorized Practice of Law
243
Protecting Confidences
244
Payment for Outsourced Services
244
Insurance
245
Conclusion
246
ch. 14
The Brave New World of Web 2.0 and the 3-D Internet: How to Prepare Your Company to Participate
247
Background; The Internet
248
How Do Businesses Participate in Web 2.0 and Beyond?
249
Risks and Issues to Consider in Web 2.0 and beyond
251
How to Address the Risks and Issues of Participation in Web 2.0 and the 3-D Internet
256
Conclusion
261
ch. 15
Managing Green Intellectual Property
267
Green IP Fast Track
268
What's a Patent Worth?
270
To Patent or Not to Patent
270
The Old Guard: Feeling the Winds of Change
271
Conclusion
273
ch. 16
Accounting and Tax Policies as They Relate to Intellectual Property
275
Types of Intellectual Property
275
Accounting for Intangible Assets
276
International Financial Reporting Standards
277
Tax Treatment for Intangible Assets
279
Overview of Section 197---Amortization of Goodwill and Certain Other intangibles
279
Overview of Section 195---Start-Up Expenditures
283
Overview of Section 248---Organizational Expenditures
283
Overview of Section 174---Research and Experimental Expenditures
283
Overview of Section 173---Circulation Expenditures
284
Overview of Section 167---Depreciation (Purchased Software)
284
Conclusion
285
ch. 17
Intellectual Property Valuation Techniques and Issues for the 21st Century
287
Economic Valuation Of IP Assets
288
Recent Advances in the Methods of Valuation
290
Contemporary business Practices and Market Structures and IP Value
294
Selected Contemporary Institutional Changes
296
Conclusion
301
About the Editors
301
About the Contributors
309
Index
313