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11 - Evaluating Internal Resources and the External Environment

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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Summary

The chapter describes the process of assessing IP rights, beginning with internal evaluation. We discuss timing, basic steps, and scope, and describe how to use a questionnaire, covering each type of IP asset (patents, copyright, trademarks, and trade secrets), as well as employment and other agreements. Next we address external evaluation: how to assess the external environment, by using public research tools, asking questions to others (as in due diligence), and monitoring the market to police rights. Some special concerns for public organizations and for developing countries are discussed.

Ready, aim, fire! These are the three steps in managing IP strategically. An IP manager first gets ready by deciding on general goals, and ends by shooting – selecting and implementing a plan. In between comes the crucial step of taking aim, by assessing the situation and finding out the facts. The previous chapter described some of the available strategy options. This chapter presents a comprehensive approach for assessing IP – taking aim – as part of the process of deciding which option is best.

An IP assessment provides information vital to the management of the organization, to maintaining or improving its competitive position, and to its ability to continue to have access to the best creative content, technology, scientific materials, and collaborations. In theory, IP assessment should take place on a regular basis. In practice, the fact-finding process may be performed routinely, sporadically as the occasion arises, or not at all.

Type
Chapter
Information
Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 184 - 206
Publisher: Cambridge University Press
Print publication year: 2008

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