Transcript http://xellectip.com November 6, 2015 Copyright 2008 WIPO- KIPO- KWIA INTERNATIONAL WORKSHOP FOR WOMEN INVENTORS AND ENTREPRENEURS 2010 IP AUDIT Rachna Singh Puri & Arvind Viswanathan Xellect IP Solutions, India.

http://xellectip.com
November 6, 2015
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WIPO- KIPO- KWIA
INTERNATIONAL WORKSHOP
FOR
WOMEN INVENTORS AND
ENTREPRENEURS 2010
IP AUDIT
Rachna Singh Puri &
Arvind Viswanathan
Xellect IP Solutions, India
The IP Cycle
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IP Assets
Trademarks
Trade Secrets
Distinctive signs used to differentiate
between identical or similar goods
Any new and useful process,
machine, article, or compositions
Copyrights
Designs
All forms of expression and production
in the literary, scientific and artistic domain
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Patents
Concern the Ornamental, Aesthetic,
Usability, Ergonomic aspects
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Role of IP
Business Growth
Bridging
this Gap
Technology/Innovation
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Legal Protection
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Time Periods for Different Forms of IP
1 5 years
Industrial
Designs
2 P
0 a
t
y e
e n
a t
r s
s
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50years
Forever
Copyrights
Trademarks
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The What of IP Audits?
IP Audits
– a systematic review of IP Assets of a business
Owned
Used and Unused
Acquired
IP ASSETS
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The Why of IP Audits?
• To recognize any IP generated within the organization
• To obtain adequate protection for all IP created in a
timely manner
• To avoid incurring great expenses at a later stage due
to ignorance, negligence or oversight
• To uncover under-utilized IP assets
• To identify any legal, technology , market threats
• To identify a need of collaboration and potential
partners and
• To enable business planners to devise informed
strategies that will maintain and improve the
company’s market position
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The How of IP Audits
• Research Program review to include IP review to capture patentable
ideas and provide early information of patent landscape
• Review of existing products and the status of embedded IP- maintenance
fees timelines, any new form of protection necessary?
• Review of IP portfolio to uncover unutilized assets
• Match the unutilized assets with potential licensing partners
• Periodic freedom to operate and Infringement analyses for IP
Enforcement
• Documentation Audit- New Ideas, Agreements – timelines and
obligations
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Becoming IP AVANTTM
• The new concept to inculcate a strong IP culture
across the organization
• To recognize any IP generated within the
organization
• To obtain adequate protection for all IP created
in a timely manner
• To avoid incurring great expenses at a later
stage due to ignorance, negligence or oversight
• To maximize the utilization of IP assets, thus
ensuring vital resources are not wasted
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Popular Technology
Images obtained from various copyrighted sources, to which it is attributed.
No liability or ownership of material is warranted by the use of these images
Logos and names of products are trademarks and copyrights owned by the corresponding businesses and corporations
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Recognize this Product?
November 6, 2015 Source: Jefferies & Co., Inc.
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A Typical MP3 player’s Components
Components of a typical product & the corresponding manufacturers
Company
Description
Toshiba
30GB 1.8" HDD
PortalPlayer
Decoder/SoC
Broadcom
Video decoder/processor
Samsung
SDRAM - 256Mbit
Wolfson Microelectronics
Audio codec
Linear
USB Power Manager/Li-Ion Battery charger
National
Step Down Switching Regulator
Philips
DC/DC converter with I 2C Interface
Silicon Storage Technology Parallel Flash - 8Mbit
Philips
Power Management Unit
Cypress
PSoC Mixed Signal Controller - Touch Pad
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Source: Jefferies & Co., Inc.
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IP Audit
• Crowded product & technology area
• Several players
IP Strategy
Sourced in components
Focused on look, feel &
use aspects
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Market Share of iPod®
Yearwise Growth in Market Share in Units Sold
2004
2005
2006
2007
56%
72%
72%
70%
Source: http://apple20.blogs.fortune.cnn.com/2008/01/29/beyond-the-incredible-shrinking-ipod-market/
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Exclusivity in a Crowded Area
19 US Design Patents
D497,618
D472,245
Several Utility Patents
Went through the whole
process of examination,
rejection/granting, invalidation
& litigation
And Others…
Trademarks
3-D Shape
In recent years, trademarks have
been granted for such things as
product shapes, colors and scents
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IP Audit necessary for IP Strategy
• Decisions regarding
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Research Direction
Product Launches and Sales
Licensing
Litigations
Mergers & Acquisitions
Other Partnerships
• Protection Strategy
– Filings
• Blocking filings around competitors’ patents
• Fencing filings around core technology
• Filings on Critical Design Elements
– Invalidation & Infringement
– Enforcement
• Trademark Strategy
- Branding
- Marketing
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Intellectual Property
“If you Think it, Protect it…and if you
Protect it…Measure it”
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WIPO RESOURCES FOR SMEs