Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © Chapter 13 Intellectual Property

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © Practical Reasons for Protecting a New Idea  Investors are loath to put money into a venture that cannot establish a unique product niche.  Stockholders will challenge a corporation's investment of its resources in a program that can be easily copied once it is introduced to the market.  All the time, effort, and money people invest in perfecting a product, as well as advertising and promoting it, may be wasted if imitators can enter the market easily.  Moreover, the imitators can cut prices, because they have not incurred the startup expenses the company had to endure to bring the idea from conception to a mass- producible, reliable, and appealing product or service.

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © Business Intellectual Properties Patents TrademarksCopyright Trade Secrets

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © International Protections for Intellectual Property

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © Licensing and Technology Transfer  Common concerns and clauses  Defining the property being licensed  Limitation on licenses  Assigning value to a license  Royalty rates  Negotiating license agreements  Foreign licenses

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © Software Protection  All manner of software could be protected by patent regardless of how it is perceived, and many patents have been issued on software.  Software specific to the operation of the computer itself is patentable.  All forms of computer programs could be protected by copyright.  Companies can also protect software through a trade secret approach.

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © The Internet  Uploading and downloading of copyrighted material on the internet can be copyright infringement.  Copyright infringement has also been found in some cases against bulletin board operators and administrators who have received and stored such material.  Domain names are taking on some of the characteristics of trademarks.

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © IP Agreements  Preparing employment contracts  Transfer of employee rights to company innovations  How employee moonlighting might compromise confidentiality  Non-competition clauses  Preventing employee raiding  Employee ownership of copyright  Rights of prior employees  Consultant contracts  Confidential disclosure agreements

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. © 3 in 1 These “Bee Movie” Pez dispensers have all three types of intellectual property protections - patent, trademark and copyright.

Bygrave & Zacharakis, Entrepreneurship, New York: Wiley. ©

You’re “dead!” From USPTO.GOV, in the trademarks section…