The reasons for the risks of companies in the field of intellectual property
When you know the reasons for the risks involved, it is easier to eliminate them immediately than to eliminate the consequences of mistakes made. This material determines the causes of the risks of companies in the field of intellectual property.
As a rule, at the stage of creating a new product or developing a company, many different objects of intellectual property are created to promote a new product or company.
However, in practice there is no understanding that in the process of the company's existence, intellectual property objects are created, and, most importantly, the fact that these objects need to be protected.
In addition, there is no understanding that it is necessary to regulate the rights to intellectual property with their authors.
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All of the above has the risk of loss of intellectual property and the use of competitors, as well as the risk of claims from the authors on the basis of non-payment of royalties.
According to a Symantec survey , 44% of employees believe that a software developer who wrote the program’s source code for a company has certain ownership of their products, and 42% of company employees do not consider reuse of source code in projects of other companies as a crime without permission. former employer.
In order to minimize these risks, it is necessary to form an intellectual property culture within the company and when working with third-party authors.
Part of the culture are concluded labor contracts, approved job descriptions, contracts containing provisions on the creation of intellectual property objects with the subsequent transfer of all rights to the customer.
The above agreements must contain provisions for the payment of royalties. Otherwise, the author may file claims for the collection of the author's remuneration, which was done by the employees of Norilsk Nickel, who, according to the available information , seized 172 million rubles.
This error may lead to the fact that after the product is introduced to the market, the owner of a patent for a similar development will make a claim in connection with the infringement of his patent rights and will require the termination of production and sale of the product, as well as compensation for damages.
Currently, patent availability is a competitive advantage that effectively works in the fight against competitors, so patent holders track new products that are entering the market.
Large companies most actively use the patent in the fight against competitors. Examples of such a struggle are Apple's many disputes with various companies. Only at the beginning of this year, the court found a violation by Apple of the Smartflash patent and awarded compensation for the violation in the amount of $ 532 million.
Moreover, knowledge of specific patented developments gives the company the opportunity to improve its product, as well as an understanding of market trends.
Refusal to patent and register trademarks leads to the fact that, firstly, the company loses its competitive advantage in the market to combat the “cloning” of products.
Secondly, there is a high risk that someone else will patent the development or register a trademark for himself and start demanding payment of compensation for violation of rights. This phenomenon is called “patent trolling” and “brand squatting”, respectively.
Patent trolls pose a danger to both large companies and start-ups, as evidenced by the research of Professor Catherine Tucker. The lack of patents for the development and availability of claims from patent holders has a negative impact on attracting investment.
Thus, a patent or registration of a trademark is both a way to fight and a way to protect.
The one who is warned, and the one who knows how to use information, is more likely to develop in the existing competitive market.
1. The lack of accounting for intellectual property and control over the distribution of rights to these objects
As a rule, at the stage of creating a new product or developing a company, many different objects of intellectual property are created to promote a new product or company.
However, in practice there is no understanding that in the process of the company's existence, intellectual property objects are created, and, most importantly, the fact that these objects need to be protected.
In addition, there is no understanding that it is necessary to regulate the rights to intellectual property with their authors.
')
All of the above has the risk of loss of intellectual property and the use of competitors, as well as the risk of claims from the authors on the basis of non-payment of royalties.
According to a Symantec survey , 44% of employees believe that a software developer who wrote the program’s source code for a company has certain ownership of their products, and 42% of company employees do not consider reuse of source code in projects of other companies as a crime without permission. former employer.
In order to minimize these risks, it is necessary to form an intellectual property culture within the company and when working with third-party authors.
Part of the culture are concluded labor contracts, approved job descriptions, contracts containing provisions on the creation of intellectual property objects with the subsequent transfer of all rights to the customer.
The above agreements must contain provisions for the payment of royalties. Otherwise, the author may file claims for the collection of the author's remuneration, which was done by the employees of Norilsk Nickel, who, according to the available information , seized 172 million rubles.
2. Lack of patent research in the development of a new product
This error may lead to the fact that after the product is introduced to the market, the owner of a patent for a similar development will make a claim in connection with the infringement of his patent rights and will require the termination of production and sale of the product, as well as compensation for damages.
Currently, patent availability is a competitive advantage that effectively works in the fight against competitors, so patent holders track new products that are entering the market.
Large companies most actively use the patent in the fight against competitors. Examples of such a struggle are Apple's many disputes with various companies. Only at the beginning of this year, the court found a violation by Apple of the Smartflash patent and awarded compensation for the violation in the amount of $ 532 million.
Moreover, knowledge of specific patented developments gives the company the opportunity to improve its product, as well as an understanding of market trends.
3. Refusal of patenting and registration of used designations as trademarks
Refusal to patent and register trademarks leads to the fact that, firstly, the company loses its competitive advantage in the market to combat the “cloning” of products.
Secondly, there is a high risk that someone else will patent the development or register a trademark for himself and start demanding payment of compensation for violation of rights. This phenomenon is called “patent trolling” and “brand squatting”, respectively.
Patent trolls pose a danger to both large companies and start-ups, as evidenced by the research of Professor Catherine Tucker. The lack of patents for the development and availability of claims from patent holders has a negative impact on attracting investment.
Thus, a patent or registration of a trademark is both a way to fight and a way to protect.
The one who is warned, and the one who knows how to use information, is more likely to develop in the existing competitive market.
Source: https://habr.com/ru/post/289014/
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