2. `
Intellectual Property Strategy
ARSHIA TABRIZI, ESQ.
B.A.Sc. (Comp. Eng.), Juris Doctor
Tabrizi Law Office
February 6, 2008
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3. Intellectual Property Strategy
Entrepreneurship 101 – MaRS Discovery District
Wednesday, February 6, 2007
ARSHIA TABRIZI, ESQ.
B.A.Sc. (Comp. Eng.), Juris Doctor
www.tabrizilaw.com
4. Why Do We Care About IP?
What is your business?
Innovation
What do you have to start?
Idea
Intangible Asset
Protect It
Exploit It
“IP” It
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5. How Do I “IP” My Ideas?
Don’t share them with the world
Talk to a qualified lawyer
Pay attention to this lecture
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6. What Will You Learn about IP?
What is IP?
How do I Get IP?
How do I Keep IP?
How do I Use IP?
What are the Pros and Cons of IP?
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7. IP #1 – Trade Secrets
What is a Trade Secret?
A Trade Secret
Formula
Program
Device
Process
Business information
Business Plan
Customer list
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8. IP #1 – Trade Secrets
How do I Get a Trade Secret?
Don’t Steal It
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9. IP #1 – Trade Secrets
How do I Keep a Trade Secret?
Keep It Secret
NDA It
Secure It
Mark It - “CONFIDENTIAL”
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10. IP #1 – Trade Secret
How do I Use It?
Stealth Mode
Competitors in Dark
Get Information
Get Funding
License It
Franchise It
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11. IP #1 – Trade Secrets
PROS CONS
Nobody Knows Oops
Secret Forever Reverse Engineering
Enforce
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12. IP #2 - Patents
What is a Patent?
Invention
New
Not Obvious
Utility
Product
Process
Machine
Composition of matter
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13. IP #2 - Patents
What is a Patent?
NOT an Idea
NOT a mathematical formula
NOT a method of medical treatment
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14. IP #2 - Patents
How do I Get a Patent?
Search Patent Registry
File Application
Disclose Invention
Claims (Scope of Invention)
1-Year Grace Period
Country by Country
Fight to Get It
Prosecute
Be Patient
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15. IP #2 - Patents
How do I Keep a Patent?
20 Years from Filing
Maintenance Fees
Improvement Patents
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16. IP #3 - Patents
How do I Use a Patent?
20-Year Monopoly
Exclude Competitors
Sue Them
License to Them
Defend Yourself
At Least I Can Use
If You Scratch My Back…
Venture Capital
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17. IP #2 - Patents
PROS CONS
20-Year Monopoly Tell the World
Higher Royalties Cost to File ($20k)
Good Guys Lose Cost to Enforce ($1m)
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18. IP #3 - Copyright
What is a Copyright?
A Work
Literary, musical, dramatic, artistic
Content
Software
Website
Documentation
Drawings, Designs
Not a Patent
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19. IP #3 - Copyright
How do I Get a Copyright?
Create a Work
Original
Automatic
Get It from Employees
Written Contract
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20. IP #3 - Copyright
How do I Keep It?
Don’t Die
Life of author plus 50 years
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21. IP #3 - Copyright
How do I Use It?
Prevent Copying
Software, Code, Content
All or part
License It
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22. IP #3 - Copyright
PROS CONS
Easy and Cheap Does Not Protect Idea
Employee Contribution Only Copycats
Licensing Revenue Life + 50
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23. IP #4 - Trademarks
What is a Trademark?
Brand Name
Company
Product
Service
Design
Nike logo
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24. IP #4 - Trademarks
How do I Get a Trademark?
Use It
File Application
Fight for It (Prosecute)
Country by country
$2,500 per mark
12 – 16 months
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25. IP #4 - Trademarks
How do I Keep a Trademark?
Use It
Document Use
Monitor
Enforce
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26. IP #4 - Trademarks
How do I Use a Trademark?
Protect Goodwill
Brand has Reputation
Stop Confusion
Free-riders
License It
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27. IP #4 - Trademarks
PROS CONS
Goodwill of Brand A product or service
Knock-Offs Use It or Lose It
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28. About Us
Tabrizi Law Office P.C. (Founded 2002)
100% Clients are Emerging Tech Companies
Boutique - “Start-up Law”
Corporate, Venture Capital
Intellectual Property Law
Technology Transactions (Licensing, JVs)
Industries
Software, hardware, communications, Web 2.0,
alternative energy, nanotechnology, biotech, pharma
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