Intellectual Property for Managers and Investors: A Guide to by Steven J. Frank

By Steven J. Frank

Now not is highbrow estate (IP) only a helpful cost for giant know-how businesses. Competing and succeeding in modern-day market calls for an in-depth realizing of IP--its use as a weapon, as a guard, and as a monetizable asset. but in an international the place fortunes can upward push or founder at the energy of an IP portfolio, hesitation to go into this global nonetheless abounds. This ebook equips the enterprise supervisor with a operating, functional wisdom necessary to growing and exploiting IP wealth. It indicates traders the way to review IP power and aggressive worth.

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Perhaps more importantly, substantial similarity by itself is not enough for copyright infringement. Independent creation is always a defense. Copyright, once again, protects against copying. If the competitor of a software publisher can show that it created even a completely identical work on its own, copyright will not help the originating publisher. Now, its critics not withstanding, the 20 Intellectual Property for Managers and Investors law is usually no fool, and courts recognize that few defendants cheerfully admit to deliberate copying.

If one side refuses to comply or drags its feet excessively, its opponent may ask the court to intervene. Similarly, if lawyers become too aggressive in discovery, making excessive demands or pursuing irrelevant avenues, the court may impose sanctions. Still, even when conducted within the bounds 1 It is unclear why common-law countries tend to have adversarial trial systems, while the systems in civil-law countries are usually “inquisitorial” by nature. The term “common law” refers to the binding nature of prior judicial decisions and the ability of judges to shape the law.

The context – IP dispute resolution US lawyers see themselves as zealous pursuers of the truth and their clients’ interests, which hopefully coincide. That zeal often strikes others as overbearing, even thuggish, turning litigation into a ferocious Darwinian struggle between desperate opponents. And nowhere are opponents more desperate than in the throes of IP litigation, in which each side risks losing its most 25 26 Intellectual Property for Managers and Investors dearly held assets – the technological crown jewels, wellspring of its success, and, in a very real sense, the source of its identity.

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