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| Technology lies at the heart of manufacturing. As a result, significant investment is often made in the innovation of technology. If the product of that innovation is an invention then it can be protected by a patent. Alternatively, it may be protected by maintaining it as a trade secret. Each form of protection is valuable but each has risks attached. The patenting process involves making the invention open to public inspection. If a patent application is rejected (in the worst case scenario), the subject matter of the invention is then freely available to all. Equally, if an invention that is the subject of a trade secret was to become known, its exclusive value would disappear. In either case, the exploitation of the invention could be seriously jeopardised. The choice of whether to patent an innovation or to keep it secret is a matter of strategy. For further information on patent strategy, click here. |
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| Strategic management of intellectual property |
| There are two main aspects to the strategic management of intellectual property. The first is protection and the second is exploitation. Underpinning both aspects should be the commercial strategy adopted by a business. |
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| Protection |
| The protection aspect applies both to patent filing and trade secrets. The management of intellectual property involves being selective, both in the choice and |
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| type of innovation to be protected, in line with business strategy. For each and every innovation, it is advisable to use strict guidelines to determine which form of protection should be chosen. |
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| Exploitation |
The exploitation aspect involves maximising the value of the protected intellectual property. Contractual arrangements for the exploitation of technology and intellectual property are called licence agreements, or sometimes technology transfer agreements. Licensing and other methods of leveraging intellectual property can add significant value to a business.
Fred Pearson is our Head of IP Management and Strategy. |
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| The impact of anti-trust |
| Licensing deals are often done so that companies can benefit from synergies between their respective areas of technological expertise. Successful licensing can lead to innovation and ultimately new and better products for consumers, but licensing that is not beneficial to consumers may engage Article 81 (see Anti-Trust). The European Commission has issued a special regulation that provides an automatic exemption from Article 81 for certain technology licensing agreements between two parties, including licences of patents, know-how and software copyright. This is Commission Regulation (EC) No. 772/2004. It is known as the Technology Transfer Block Exemption, or sometimes just the TTBER. If a licence agreement comes within the scope of the TTBER, it is within an anti-trust ‘safety zone’ and it is deemed to be exempt from the prohibition against anti-competitive agreements in Article 81. |
| Duncan Curley is the author of a practical guide to the European Technology Transfer Block Exemption. To read reviews of Duncan’s book and to order a copy (via Amazon) please click on the book icon |
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