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10 - A Menu of Strategy Options

Published online by Cambridge University Press:  05 June 2012

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

This chapter presents a wide range of general and specific IP management strategies and plans. After describing goals applicable to most organizations, the chapter identifies IP strategies that apply to more than one type of IP asset, identified as follows: switching from a do-nothing to a do-something organization, minimalist, budget, burning stick, suit of armor and shield, IP thicket, IP forest, citadel, bargaining chips, mutual assured destruction, sword vs. shield, and “the first one's free.” There are many patent-specific strategies, including fences, supermonopoly, transition from patents to trademarks, and several patent jiu-jitsu tactics – invent around, anti-invent around, the new submarine, staying out of treble trouble, and counterattack. Trade secrets require eternal vigilance. Trademark strategies include branding, move quickly and hold on, and trademark clusters. Finally, copyright strategies include getting it in writing, and open source arrangements.

When an organization sets out to choose an IP management strategy, what are the options? This chapter presents some basic strategies for an IP manager to consider. In keeping with the thrust of this book, we look for fundamental concepts and practical strategies that hold true for corporations in all industrial sectors and nonprofit organizations, and those that apply in developing countries as well as in the wealthier nations. The most appropriate strategy depends on the organization's mission, its resources, and its competitive and market environment. An IP manager can choose a plan from this list and then customize it to the specific circumstances.

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Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 163 - 183
Publisher: Cambridge University Press
Print publication year: 2008

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