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13 - Accessing Innovations of Others

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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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 Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 226 - 238
Publisher: Cambridge University Press
Print publication year: 2008

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