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What are the best practices for protecting and managing intellectual property rights in technology transfer?

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Technology transfer is the process of transferring knowledge, skills, and innovations from one entity to another, usually for the purpose of commercialization, social impact, or public benefit. However, technology transfer also involves legal and ethical issues related to intellectual property rights (IPR), which are the exclusive rights granted to the creators or owners of inventions, designs, or other forms of original expression. How can you protect and manage your IPR in technology transfer? Here are some best practices to follow.

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Greg Fields

1 Identify your IPR

Before engaging in any technology transfer activity, you should identify and document your IPR, such as patents, trademarks, copyrights, trade secrets, or know-how. You should also conduct a thorough search and analysis of the existing IPR landscape in your field and market, to avoid infringing on others' rights or facing competition or litigation. You should also assess the value and potential of your IPR, and determine the best strategy for exploiting or licensing it.

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Greg Fields
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Before engaging in tech transfer activities, I have found it helpful to first have an IP Strategy, and an IP Portfolio that is informed by that strategy. If, for example, your IP Strategy is to provide your company with the 'freedom to operate' in a competitive marketplace, then your investment in IPR would be right-sized to enable your strategy, and your IP Portfolio would exist to create the tangible moat that protects and prevents. In my experience planning, managing, and inventing - including with the expressed purpose of transferring IPR - the biggest learning was to start with the IP Strategy ... even before patent mining.

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2 Negotiate your IPR agreements

When transferring your technology to another entity, such as a partner, customer, or licensee, you should negotiate and sign a clear and comprehensive IPR agreement that defines the scope, terms, and conditions of the transfer. The agreement should specify the ownership, rights, obligations, and responsibilities of each party, as well as the duration, territory, fees, royalties, and dispute resolution mechanisms. You should also consider the potential risks and benefits of the transfer, and protect your interests and assets accordingly.

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Greg Fields
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"Yes, and" remember to ensure the IPR Agreement considers the regionality, time horizon, and follow-on product impacts of the IPR being transferred. I've been burned in the past when transferred IPR turned a licensee customer into a competitor when working on new technologies & patents that were informed by the licensed prior art.

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3 Register and enforce your IPR

To secure and maintain your IPR in technology transfer, you should register and enforce them in the relevant jurisdictions and markets. Registration provides legal recognition and protection for your IPR, and enables you to prevent or pursue unauthorized use or infringement by others. Enforcement involves monitoring and defending your IPR against possible violations or challenges, and taking appropriate actions, such as cease-and-desist letters, negotiations, or lawsuits, to safeguard your rights and interests.

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Greg Fields
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Enforcement can be tricky, depending on the depth of your IPR Portfolio relative to your competitors. If your patent portfolio is 25 deep, and you try to enforce a potential infringement with a competitor who's portfolio is 500 deep, you are very likey infringing on more of their patents than they are infringing on your 1 patent. This is really just a cautionary note that enforcement is ideal, litigious in nature, and unrealistic if the scope of your 'freedom to operate' is wildly undersized relative to the freedom afforded others with a larger portfolio. I lived this example at BlackBerry, where Apple had a 20:1 portfolio advantage (though primarily design patents), making enforcement difficult.

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4 Manage your IPR portfolio

Technology transfer is not a one-time event, but a dynamic and ongoing process that requires constant management and evaluation of your IPR portfolio. You should keep track of the status, performance, and impact of your IPR, and update or renew them as needed. You should also review and revise your IPR agreements periodically, to reflect changes in the market, technology, or legal environment. You should also seek feedback and input from your stakeholders, such as partners, customers, or licensees, to improve your IPR strategy and outcomes.

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5 Educate and train your staff

One of the key factors for successful technology transfer is the human factor. You should educate and train your staff on the importance and implications of IPR in technology transfer, and ensure that they comply with the relevant policies and procedures. You should also foster a culture of innovation and collaboration among your staff, and encourage them to generate, disclose, and protect new IPR. You should also reward and recognize their contributions and achievements in technology transfer.

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6 Seek professional advice

Technology transfer is a complex and challenging process that involves multiple legal, technical, and business aspects. You should seek professional advice from experts and specialists in IPR, such as lawyers, consultants, or agents, who can help you navigate the IPR landscape and issues in technology transfer. They can also assist you with the identification, valuation, registration, negotiation, enforcement, and management of your IPR, and provide you with the best practices and solutions for your specific needs and goals.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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What are the best practices for protecting and managing intellectual property rights in technology transfer?

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1 Identify your IPR

2 Negotiate your IPR agreements

3 Register and enforce your IPR

4 Manage your IPR portfolio

5 Educate and train your staff

6 Seek professional advice

7 Here’s what else to consider

Technological Innovation

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What are the best practices for protecting and managing intellectual property rights in technology transfer?

1

2

3

4

5

6

7

1 Identify your IPR

2 Negotiate your IPR agreements

3 Register and enforce your IPR

4 Manage your IPR portfolio

5 Educate and train your staff

6 Seek professional advice

7 Here’s what else to consider

Technological Innovation

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