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How And Why Protect Intellectual Property?
Posted By: cdesmond* on 10/14/2004 4:25 AM (CST) 125 Points
how to overcome the immediate "I don't need that protection until my company is successful and can afford it.

Posted by: JBtron Accepted Answer
10/14/2004 7:27 AM (CST)
cdesmond,

Welcome to KHE!

Whay IP Protection? Because you can't get you ideas back once they're in the public domain.

If, indeed, you really have a unique idea, depending on where you are and what it is, protection is a very SIMPLE process.

If you're talking about something manufactured and large, like equipment, why not protect your investment?

I think a bit more information might get you a better response. Tell us:

-Where in the world you are
-General category of the property

that would give us a better place to begin.

Hope this helps!

Best,

::JBtron
 
Posted by: JBtron Member Response
10/14/2004 9:52 AM (CST)
cdes,

As no one else has chimed in here so far, I also think protecting IP is an important precedent to set for your company, since it hasn't already budgeted for this essential part of the creative spectrum.

Creating new technologies, approaches, concepts, songs, poetry and other IP is a very tough marketspace to succeed in. IF your company is TRULY focused on succeeding, then they MUST budget for IP protection.

If someone wants to knock you off and has more money and makes a bigger splash, you'll want the armor of inventing the concept if they encroach on your business. [THAT of course depends on your "level of litigious leaning."}

If someone wants to buy you, IP protection offers MORE for them to buy, raising your asking price.

Just jammin' in the South Florida mornin'!

Hope this helps, too!

Best,

::JBtron
 
Posted by: jcrooks Accepted Answer
10/14/2004 10:41 AM (CST)
I have a personal story to share. I used to work for American Learning Corporation, which ran children's learning centers called The Reading Game and Britannica Learning Centers. The company founder was loose and trusting, and chose not to protect his programs. One of his trusted staff members learned all he could, then left the company and started his own franchise version of learning centers. The upstart grew and grew, and ultimately bought out American Learning Corporation. The "trusted" former staff member was a man by the name of Sylvan (Sylvan Learning Centers).

Bottom line, by the time the company is making money and can afford the protection, it will be too late.
 
Posted by: Peter (henna gaijin) Accepted Answer
10/14/2004 1:00 PM (CST)
I agree with JBtron - we could use more background info. In particular:
-Where in the world you are
-General category of the property

Certain types of IP have protection be default Z(at least in the US - rules vary by country). In particular, once you write something you own the copyright for it.

Other types of IP are given certain levels of protection as trade secrets, so long as you take reasonable steps to keep them trade secrets.

But other types of IP would be best protected through a formal IP protection scheme, such as patents.
 
Posted by: SRyan ;] Accepted Answer
10/14/2004 1:32 PM (CST)
Here's what an IP attorney once told me about being stringent with Non-Disclosure Agreements:

If you don't ask person A, B, C or R, S, T to sign one, then person D, E, F, M, N, O and so on can legitimately claim that the agreemensts they DID sign are invalid because you didn't require them consistently.

So... NDAs are another simple and inexpensive way to protect your intellectual property, as long as you use them wisely.

- Shelley
 
Posted by: cdesmond* Author Response
10/14/2004 11:32 PM (CST)
Thank you for your responses. I do hope that I am using this excellent inter-active website properly ...

My question was non-specific and intentionally elusive. I am a professional who protects intellectual property and brand identity from a legal as well as business standpoint. Legal specialties are trademarks, copyrights, patents, domain names, Internet issues, etc. Business specialties include business formation, business plans, graphic and logo design, website design, marketing strategists, coaches, communications specialists, photographers, etc.

My interest in posing this broad, but naive question, is to determine the mind set of company's [large or small] who create a "brand" or "identity" and fail to focus on the foundation of their assets; creative authors who fail to protect their works from reproduction, display, performance, translation ...

Any further thoughts to combat the potential client who asks "Why do I need this? I'll protect when more revenue streams in."
 
Posted by: Pepper Blue Accepted Answer
10/15/2004 12:25 AM (CST)
Hi cdesmond,

As you know I.P. is a big world and it can get very expensive, very quickly.

A lot of it really is unecessary and if it is it certainly doesn't need the involvement of a 3rd party, and if you do want to get a 3rd party involved there is plenty of inexpensive help available, thank you very much Nolo.

I found this out prior to the bubble bursting, back when firms like Brobeck, Phleger & Harrison (anybody remember them?) where flying high.

After basically getting scammed out of $15K by a very large and reputable local firm (with Silicon Valley backgrounds,) because I was told that I had to protect I.P. like trademarks and business processes before we had customers and revenue, I now believe that you should not spend money on "certain" types of I.P. until you know you have a value propostition that people will pay money for.

I am not saying that it is not necessary, it is situation specific. My point is you need to recognize what is and isn't necessary for your stage of development, in the market you are in, what your capital formation structure is (is your exit strategy to IPO some day?, if so, I.P. takes on a new meaning) and you need to have legal counsel who is upfront and honest with you about this, which I think is just about impossible to find.

My 2 cents based off experience.

Again, don't take this as me saying it isn't necessary. It just isn't as necessary as the I.P legal profession will tell you it is and there are less expensive options than a bricks and mortar attorney.

Live and learn.

I hope that helps.
 
Posted by: et3dotcom* Accepted Answer
10/15/2004 2:58 AM (CST)
IP costs far less to develop and maintain than real property, and the short term appreciation and medium term profit potentials are much higher.

In the US, the value of IP surpassed ALL tangible property in the early 90s. If houses, stores, manufacturing plants are worth protecting, why suppose that IP is not worth protecting.

IBM is the Company with the most patents in the world. They bring over a $billion to the bottom line every year just by licensing out their underutilized patents to businesses that do not compete with their use of the IP.

daryl –
inventor and patent holder
 
Posted by: michelletrex Accepted Answer
10/16/2004 5:54 AM (CST)
I am not a professional in IP protection but it is something that I take very seriously and I direct clients to a professtional as soon as a scope of works have been established.
I simply say to my clients... "Of course it seems a waste of money now, I mean, your quite small. But you HAVE to believe that you are going to be successful or why are you in business? Larger companies are not going to do anything to you while you are small, they wait until you build your business and you really have something to loose before they notify you you're infringing on their Trade Marks. It is on you to check this now before you invest time and money into your brand."
Then I tell them about a company here in Australia called "Two Men and A Truck" and how they lost their business to the American company of the same name who trade marked the name in Australia 15 years later.
Bye Bye Australian company. Oh then of course the Deckers Corporation trade marked the name Ugg Australia and are in the process of shutting down all the traditional Australian Ugg Boot manufacturers here for 100+ years.(Deckers boots are not made in Australia at all!) - Bring on the Free Trade Agreement -
As far as Patents - I recently read about a US ice-cream company (Dippin Dots I think it was) who argued that the original patent owner had shown their technique at a trade fair before lodging and also had shown it to work colleagues without a non disclosure agreement so, as I'm sure you are aware, 'published' their technology making their patent void. (forgive my amateur understanding but it does work with clients!)
In short I don't expect them to understand but I scare the hell out of them till they agree.
They come to us because they want advice and I think it is highly negligent if we don't push IP protection. I often use a "Non-Circumventive Agreement" rather than a "Non Disclosure" did you have any thoughts on that?
 
Posted by: jcmedinave Accepted Answer
10/22/2004 12:58 PM (CST)
If the company wait until the business become successful, maybe other will take profit of there property. It is a big risk. Be sure on the real innovation and protect it, it will be the most important asset. In a globalization world the patents are crucial in business in order to sell and compete. For some Industries like high tech or pharmas , the patents are the best issue.

Review the next article:

http://www.aip.org/tip/INPHFA/vol-9/iss-4/p24.html
 
Posted by: cdesmond* Author Response
10/22/2004 5:51 PM (CST)
THANK YOU FOR THE EXCELLENT INPUT! YOUR TIME AND EFFORTS IN RESPONDING HAS BEEN VALUABLE AND IS MUCH APPRECIATED ...
 
Posted by: jackson Accepted Answer
10/27/2004 5:32 PM (CST)
Having read all of the responses, I would guess that you probably have than more than enough information. However, I would tell you that in my experience from working with major corporations as my clients around the world, that they do take it seriously. The small companies are the ones that don't get it. For instance a local diner that I frequent when I am in NY (great Greek diner) named itself Lexus Diner and was known for years that way. But even they were told told unceremoniously to change their name by the Lexus car company. They altered it to Alexis Diner, but it has taken years for patrons to accept the new name.
My recommendation, make sure that all of your clients protect themselves, like John Lennon said, "you don't know what you've got till you loose it". Hope this helps, Jack
 
Posted by: Val (Moderator)* Moderator Response
11/2/2004 1:45 AM (CST)
Hello all. I am closing this question, since its more than 10 days old. We do this to make sure members' contributions are rewarded in a timely manner and to improve the visibility of newer questions. Thanks, so much, for participating!

Val (Moderator)
 


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