Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Abbreviations
- Introduction: The Invisible Infrastructure of Innovation
- PART I INTELLECTUAL PROPERTY DYNAMICS IN SOCIETY
- PART II BASICS OF MANAGING INTELLECTUAL PROPERTY IN ORGANIZATIONS
- PART III STEPS TO STRATEGIC MANAGEMENT OF INTELLECTUAL PROPERTY
- 8 Becoming Strategic
- 9 Strategy Tools: Policies and Practices for Managing Intellectual Property
- 10 A Menu of Strategy Options
- 11 Evaluating Internal Resources and the External Environment
- 12 Placing a Financial Value on Intellectual Property Assets
- 13 Accessing Innovations of Others
- 14 Acquiring and Policing Intellectual Property Rights
- 15 Doing Innovation Deals
- PART IV STRATEGIES ON A GLOBAL STAGE
- APPENDIX A Excerpts from TRIPS Agreement
- APPENDIX B Intellectual Property Non-Policy
- APPENDIX C Intellectual Property Assessment Questionnaire
- APPENDIX D Research Tools for Obtaining Intellectual Property Information
- Bibliography
- Index
13 - Accessing Innovations of Others
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Abbreviations
- Introduction: The Invisible Infrastructure of Innovation
- PART I INTELLECTUAL PROPERTY DYNAMICS IN SOCIETY
- PART II BASICS OF MANAGING INTELLECTUAL PROPERTY IN ORGANIZATIONS
- PART III STEPS TO STRATEGIC MANAGEMENT OF INTELLECTUAL PROPERTY
- 8 Becoming Strategic
- 9 Strategy Tools: Policies and Practices for Managing Intellectual Property
- 10 A Menu of Strategy Options
- 11 Evaluating Internal Resources and the External Environment
- 12 Placing a Financial Value on Intellectual Property Assets
- 13 Accessing Innovations of Others
- 14 Acquiring and Policing Intellectual Property Rights
- 15 Doing Innovation Deals
- PART IV STRATEGIES ON A GLOBAL STAGE
- APPENDIX A Excerpts from TRIPS Agreement
- APPENDIX B Intellectual Property Non-Policy
- APPENDIX C Intellectual Property Assessment Questionnaire
- APPENDIX D Research Tools for Obtaining Intellectual Property Information
- Bibliography
- Index
Summary
This section presents a systematic approach to implementing an IP management strategy, the last stage of strategic management. The process of identifying a strategy and assessing internal resources and external challenges can greatly simplify the task of implementation, and can give confidence to the person in charge. With a sense of purpose and knowledge of the facts, an IP manager can proceed through a step-by-step system using decision trees to decide how to manage innovations that are important to the organization. This chapter focuses on how to access innovations of others without creating liability for infringing IP rights. The first step is to screen innovations to decide whether innovations by outsiders are involved. If so, the second step is to determine whether access is readily available on reasonable terms, in which case a pathway exists for using the innovation. When access is not readily available, a more complicated series of decisions follows, trying to find the path of least resistance – to wait for IP rights to expire, use the innovation in countries without relevant IP rights, find an alternative, or probe for a bargaining chip such as a legal defect, fair use, blocking IP rights, or a compulsory license. Upon evaluation of the circumstances, the organization may choose to use the innovation without permission or to challenge the IP right in court, but these options require especially careful analysis because of the cost and potential liability involved.
- Type
- Chapter
- Information
- Driving InnovationIntellectual Property Strategies for a Dynamic World, pp. 226 - 238Publisher: Cambridge University PressPrint publication year: 2008