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Sketchnotes from #ENT101: IP Management – Creating Value by Protecting Knowledge-based Assets – Nathaniel Lipkus, Matthew Powell, Ashlee Froese

Posted: - Modified: | sketchnotes

This talk is part of the free MaRS Entrepreneurship 101 series (webcast and in-person session every Wednesday). Feel free to share this! You can credit it as (c) 2012 Sacha Chua under the Creative Commons Attribution 2.5 Canada licence. Click on the image for a larger version of sketchnotes.

20121121 ENT101 - IP Management - Creating Value by Protecting Knowledge-based Assets - Nathaniel Lipkus, Matthew Powell, Ashlee Froese

And here’s how I drew it…

Check out my other ENT101 sketchnotes, or other sketchnotes and visual book notes!

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MaRS Entrepreneurship 101 Nov 21, 2012 # ENT101
IP MANAGEMENT: Creating Value by Protecting Knowledge Based Assets

NATHANIEL LIPKUS, Intellectual property
MATTHEW POWELL, patents
ASHLEE FROESE, trademarks

Do you use NDAs instead of stronger intellectual property protections?

Non-disclosure agreement costs a ton to enforce !

ONLY 20% of Canadian science /tech businesses – IP protection

Types: Patent, Trademark, Trade secret, Design, Copyright

IP has value!

PATENTS
design around
Control over how an advantage reaches customers

ex: do you need to reinvent the smartphone?

Is it patentable? New, Useful, Non-obvious

Process for sharpening images
Picture copyright

Patent laws <– Strict !!
Public disclosure
Use (ex: commercial)
offering for sale
actually selling it

Patent –> making something PUBLIC in exchange for control

Disclosure
Claims – Patent

Patents are granted on a per-country basis
Patent fee deferrals
Patent cooperation treaty –> options to file (30 months!)

Patent process 1 2 3 4 5
1. Understand inventorship & ownership
2. Prepare patent application
3. File the patent
4. Negotiate with examiner
5. Granted !

That’s too broad
Okay how about this?

Patents Vs. Trade Secret (Shhh…)
Public | can’t stop independent
control | others can protect details
that can be reverse engineered

TRADEMARKS
Your company reputation!
Not just names
mass of consumers

Non-traditional trademarks
3D designs, Colour, Sound ex: M&M Lion, distinguishing guise: Nesquick bottle: bunnies!

Recommended!
Generic -> Descriptive -> Suggestive -> Coined

Some exceptions:
The Beer Store
The more distinctive, the easier to protect.

Do your due diligence! (Is this viable? What’s out there?)

Best way

#1 Trademark registration
–> formal ownership
–> easier litigation
–> can be renewed forever
–> useful for internet also www.
The Living Brand
Keep an eye on your brand
Use it

Ex: escalator, Zipper, Kleenex, Aspirin… becomes generic term!
Update as needed, audit what’s going on

Online: Other people w/trademarks, Cybersquatters
Reserve your space

GOOD HOUSEKEEPING

1. Know your IP: Invention disclosures, spreadsheets

2. Ensure IP Ownership
Contracts — employees, contractors,etc.
Audit IP periodically
Start … … … …

IP HURDLES VS BARRIERS
Patents –> license? invalidate?
Trademarks –> license? modify?

Ex: Samsung vs. Apple
patents between user interface and hardware
Example: Gilead -] licensed HIV drugs to manufacturers in developing countries

Q&A
Q: Lean Startup?
A: Few things can beat being first to market in some industries. Patents–> maintian competitive advantage
A: Don’t forget about IP benefits
A: Can file for proposed use –trademarks?
Q: Business method patents, patent trolls?
A: Not healthy.. Moral discussion? Hybrid–>research labs. Nonpractising entities
Software patents: seat at the table. Challenge with prior art. Problems with patent system.
Q: enforceability of software patents?
A: Yes, if valid.
A: Not algorithms, but processes.

ENT101: Startup Law 101: Legal Launchpad (Arshia Tabrizi)

Posted: - Modified: | sketchnotes

Click on the image for a larger version of sketchnotes. This talk is part of the free MaRS Entrepreneurship 101 series (webcast and in-person session every Wednesday!)

Feel free to share this! You can credit it as (c) 2012 Sacha Chua under the Creative Commons Attribution 2.5 Canada licence.

Arshia Tabrizi: Startup Law 101: Legal Launchpad – corporate organization, intellectual property, contracts

20121010 ent101 Startup Law 101 - Arshia Tabrizi

Check out my other ENT101 sketchnotes, or other sketchnotes and visual book notes!

Text for searching

MARS ENTREPRENEURSHIP 101
STARTUP LAW 101: LEGAL LAUNCHPAD
ARSHIA TABRIZI @ arshia_tabrizi
Partnership Tips –> MaRS Video
Is this the right person to be partners with?
– values
– timelines
– goals
– roles
– compensation
– exit strategy
Written
agreement
Roles & responsibilities
Ownership
– different
– Employment
needed skilset may change
Okay
Need something else
EXIT
Build in an exit strategy
in case of death, disability, major disagreement
Corporate Organization
$750 (basic) -$1,500 (full)
articles of incorporation
– imited liability –> Separate legal entity
– tax advantages
– IP centralization –> bringing other people’s ideas together
– venture capital / acquisition
When do you incorporate?
DEFINITELY
Employees/ consultants
Contracts / relationships
Incorporate work, Scrooge pays later
Don’t cheap out !
Corporate Structure
Founding shares
Voting rights
share classes
Shareholders’ agreement
= pre-nup
always cutomized! –> Hire/finance/sell arrangements
Corporate governance
Board
Officers
Shareholder exit
(Divorce, sale, etc.)
pre-venture
venture-ready
Questions (cont’d)
Q: Finding the right laywer?
A: Long-term relationship, so raport & fit.
Experience in the field you’re in.
Q: NDA for investors?
A: Practically, many won’t. as a lawyer, try (Esp. with angel investors, low deal flow)
Q: No IP assignment document?
A: Employee? Company. Consultant? Consultant.

Intellectual Property
Protecting your primary assets
Example: Steve Jobs
Patented stair design
in appl stroes!
Secretve & controlling Vs Lean start-up practice (Shh!)
I.P. is not only about patents
– trademarks
– design
– etc.
Costs –> Definitely get a specialist
$ 10-15K full patent
$ 2-4K provisional patent
+ Prosecution & enforcement
Your lwer may not look like this
Trademarks –> Brand
$1-2K for registration (R)
6-18 months
But improper use — rights
Digital media is about brand
– Research your brands! Protect your brands!
Trade Secrets
easy, cheap no time limit / disclosure
But watch out for traps in NDAs
should be mutual
watch out for big companies !
sometimes they use IP assignment forms!
ENT101 October 10, 2012
Notes by Sacha Chua (@sachac)
Livinganawesomelife.com
Contracts
Legallybinding agreement
Use contracts with everyone
– Employees
– Founders
– …
– Customers
– Contractors
Emails, Letter of intent,
Memorandum of Understanding
May be legally binding, may not!
You need legal reviews of LOIs, MOUs.
Lawyers — Manage nsk
Protect IP
$ Sell company
Review agreements,etc.
We are here to be paranoid.

Questions
Q: Pre-venture us ventures?
A: Simpler takes deals etc into account
Q: Cost of patent enforcement?
A: Several thousands just to check if you have a claim, way more to defend
Patent –> right, but you have to defend them.
Q: Provisional patent vs full?
Reserve that filing date, then file full after. Can have pitfalls
Q: Lean startup?
A: Depends on type of company, Legal perpsective, worried about incomplete
Q: Demographics of ENT 101?
A: Similar to MaRS–Organizer
Q: Hackathon? A: if you’re willing.