going global - ip management in your export strategy

Going Global: IP Management in your

Export Strategy

18 February 2015

Bianca Mueller, LL.M.

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Agenda

The value of intangible business assets

One product many IP rights

How to manage your IP to gain maximum benefit

Q & A

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The value of intangible business assets

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The value of intangible assets

20%

80%

Physical Assets e.g. buildings, machinery, financial assets, infrastructure

Intangible Assets e.g. human capital, intellectual property, knowledge,skills, relationships with customers and suppliers

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Intangible Assets in your company

Intellectual Property Market Capital Human Capital

Brand & Reputation Industry Knowledge Knowledge

Copyright & Design Partnerships Skill

Innovation Networks Education

Trade Secrets Goodwill Experience

Software & Database Industry Associations

Work Documents Awards / Certificates

Publications

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Copyright Software code User manuals Ringtones Start-up tone Icons & images

One product - many IP rights

Trade secrets Processing algorithm Prototypes and programs

Patents Data-processing methods Sliding lock screen

Trademarks Logo / Brand Product name Start-up tone

Designs Rights Form of overall phone Arrangement and shape

of buttons Position and shape of

screen

Confidential Information / Trade Secrets

Everything that you keep secret because of its actual or potential commercial value to your business

Designs, plans, specifications, drafts, moulds that aren’t publicly available

Research data that aren’t publicly available

Operational and administrative data

Customer information, database of suppliers

Financial statements and business plans

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How to manage your IP to gain maximum benefit

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How to manage your IP to gain maximum benefit

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IP strategy is a must if you

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embark on an export operation

plan to start a joint venture

approach banks or investors

consider selling your business

plan on going public / stock listing

Export and IP

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Increase profit margins

Build and retain client loyalty

Monopoly: the right to use, make and sell a product in that market

Competitive advantage

IP Rights are territorial!

Sell it

License it out

Use it as the basis for a joint venture

Use it to protect products and services in order to extract premium prices

Create and spin-out a new company based on the IP

Use it for a higher M&A value, bank loans, investors

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Risks to your IP

Counterfeiting / copying

Theft (external / internal threats)

Employee negligence

Technical and natural disasters

Early disclosure of new invention, trade secret or new design

Inadequate contractual arrangements with suppliers, customers, licensors, employees etc.

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Your contracts are your business insurance!

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Managing your IP

Take stock of your intangible assets

Determine its commercial value

Have an IP strategy in place and review it regularly

Be smart and involve people with the rights skills

Think long-term

Get everyone on board

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“Because the purpose of any business is to create a customer, the business has two – and only two –basic functions: innovation and marketing. Marketing and innovation produce results, all the rest are costs”.

Peter Drucker, 1973

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About LawDownUnder –tailored legal advice for the IT-Industry

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LawDownUnder is a law firm specialising in technology, intellectual property, commercial, and international law. We offer tailored legal advice for innovative businesses with a focus on commercial and international contracts relating to IT. We help you contract more effectively and save you time and money.

At LawDownUnder, we understand the commercial environment in which our clients operate which is crucial in providing effective commercially focused legal advice. Our extensive experience in the IT industry sets us apart from most other lawyers and helps us to find solutions that are tailored to your specific needs.

What ever the size, we can deliver a commercially cost effective solution for every client. We are small, but specialised. No overheads, just best industry practices.

Smart legal advice for innovative businesses

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Questions?

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Bianca Mueller, LL.M.

Twitter: @LawDownUnder

Information technology law

Drafting and risk analysis of commercial IT contracts

Trademark and copyright law

Protection of ideas, trade secrets, and confidential information

Advice on information security and data protection

European privacy and technology law

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Phone + 64 4 39 000 30Mobile + 64 21 1345 267Email bianca@lawdownunder.comSkype lawdownunder

LawDownUnderPO Box 38117Wellington Mail Centre Lower Hutt 5045

Get in touch