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Intellectual Property- Currency for the Digital Economy. When Walter Riston, ex-ceo of Citibank says: “Information about money is more valuable than money,” it’s time to think about IP. Presentation to Harvard Start-Up Club November 29, 2000. Table of Contents. Tonight’s speakers.
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Licensed innovation Currency for the Digital Economy When Walter Riston, ex-president of Citibank says: "Data about cash is more profitable than cash," it\'s a great opportunity to consider IP. Presentation to Harvard Start-Up Club November 29, 2000

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Table of Contents

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Tonight\'s speakers Peter Kelman - lawyer with Posternak, Blankstein & Lund, LLP. Loot Cronin - overseeing parter of Stonebridge Technology Associates, venture merchants Dag Anderson - author, chief of innovation of PetRock Technology, Inc. John Puterbaugh - originator and president of Nellymoser, Inc. YOU

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Intellectual Property Primer for the Start-Up Company Presentation to Harvard Start-Up Club November 29, 2000 375 Totten Pond Road, Suite 102 Waltham, MA 02114 Ph: (617) 973-6277 Fax: (617) 367-2315

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Table of Contents: IP Primer for Start-Ups Intellectual Property (IP): What is it? – p. 6 How does an organization gain it? – p. 12 How does an organization keep it? – p. 13 How does an organization benefit from it? – p. 14 Corporate Events with IP swells - p. 17 IP Issues for: E-Commerce Businesses – p. 19 Consulting Companies – p. 20 Software Companies – p. 21

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IP: What is It? Customary lawful viewpoint: Property rights perceived and ensured by the law. Four fundamental building pieces: Copyright Trademark Trade Secret Patent Business point of view: Any immaterial resource of the organization which gives some upper hand, e.g. know-how, approachs, restrictive data

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Copyright Rights Copyright ensures the "expression" of a thought; i.e. its shallow representation in a medium Copyright security appends to every reasonable creation with no activity of the maker; keeps going long Copyright licenses creator to: imitate, adjust, show, perform and disseminate Work-for-contract regulation Internet issues: Digital Millenium Copyright Act (DMCA), American Home Recording Act (AHRA) Napster, reasonable utilize, connecting

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Trademark Rights Trademark a/k/an administration check is assurance allowed by statute to specific words, expressions or plans Trademark law is intended to shield the shopper from disarray among comparable imprints Trademark insurance endures while stamp is utilized Trademarks apply to the utilization of specific stamps in specific settings, accordingly one stamp can be trademarked various times for various employments. This makes: Trademark debate in the domain of the web Trademark names versus space names The entire naming issue for organizations

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Patent Rights Protect the hidden procedures behind creations Compare to copyright which secures "expressions" not forms Patents are allowed by the administration\'s Patent and Trademark Office (PTO) Inventor unveils how an innovation works in return for being conceded a syndication to adventure patent for a long time Patent prerequisites: diminishment to practice, oddity, and headway of earlier craftsmanship Software licenses - hot region after State Street v. Signature Expensive, ease back procedure to get a patent; might be costly to safeguard

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Trade Secret Protection A prized formula is an organization\'s restrictive data which gives it an upper hand and which the organization secures Trade insider facts are resolved regarding its substance and the direct of the organization to ensure it The extent of competitive advantages can be huge, e.g. worker know-how No administrative recording to "enlist" a prized formula If your organization has an upper hand that is not protectible under copyright, trademark or patent law, treat it like a prized formula

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Other Intangible Assets - Corporate Smarts An organization may have significant IP regardless of the possibility that its scholarly resources don\'t fit inside the conventional building squares Most organization aggressive resources are amalgams of the building obstructs This upper hand can be ensured, shared and benefitted from through authorizing understandings and association concurrences with your business clients

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IP: How to Get It In many conditions, IP is not an end in itself, but rather the by-result of an organization\'s esteem included exercises Consult with a lawyer after you have built up your focused resources Exception to this run where process can direct results: Patent applications Trade mystery data Employment assentions Develop procedure to flawless IP rights: consider cost, advantage, time & exertion

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IP: How to Keep It You can secure your IP legitimately, by means of: Well-drafted permit and collaborating understandings Well-thought occupation understandings Equally imperative, ensure your IP by means of good corporate cleanliness Computer security Physical security Good human asset hones

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IP: How to Profit from It See IP: How to Keep It

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License Agreements License - where one gathering that possesses IP (licensor) grants another gathering to utilize the IP (licensor) under specific conditions. Permit parameters: Scope of utilization Scope of revelation Ownership of protected innovation Terms of installment Allocation of hazard Limitation of risk

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Partnership (Development) Agreement In all improvement assentions an adjust must be struck amongst trust and sharing Can we move and not venture on each other\'s toes? In any case, you can ensure resources through legitimate means: characterize who adds to the wander, how mutually created resources will be possessed, how property will be separated upon disintegration attempt to maintain a strategic distance from "joint proprietorship" plans Parameters in a joint wander: Who claims what toward the begin; who possesses what toward the end Is proprietorship subject to execution?

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Events with IP Ramifications Corporate start-up Choice of name Choice of space name Hiring rehearses Termination systems Employee strategy manual Joint ventures Over-achieving non-revelation assentions Receiving outside financial specialists Going open

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Employment Practices Employment understandings which address responsibility for with: originators, consequent workers, temporary workers Letters of contract which put forward organization\'s IP strategies Termination techniques which fortify organizations IP arrangements (e.g. updates about competitive innovations, classification, and so forth.) Employee privacy understandings; task assentions Where exchange mysteries are included, suitable measures of corporate assurance

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IP Issues for: E-Commerce Business Ownership of space name; association with ISP Ownership and utilization of client information Ownership and association with site engineers Linking to different destinations; encircling Metatags Content of site Patentable business forms?

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IP Issues for: Consulting Companies Ownership of work-item; contrasting options to work-for-contract convention Reusability of work-item Reusability of know-how and aggressive information gained on customer task Reproduction of outsider data in presentations Restrictive extent of secrecy assentions Restrictive extent of non-rivalry understandings

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IP Issues for: Software Companies Maintaining upper hand through sensible occupation approaches (classification, non-contend) Forming proper organizations together without giving endlessly organization\'s royal gems Patentability of programming? Checking for encroachment of outsider IP Open programming licenses - GNU Copyleft, Linux

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Intellectual Property An Investor\'s Perspective Presentation to Harvard Start-Up Club November 29, 2000 Rob Cronin Stonebridge Technology Associates 10 Post Office Square Boston, MA 02109

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IP: Practical Business Issues VC\'s Views on IP Understanding Your IP Communicating the Value of Your IP The Business Plan The Management Presentation Licensing Avoid "Selectiveness Provisions" Limiting Time and Scope Remember to Think About Support/Maintenance Issues Business Model and Minimums

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IP: Practical Business Issues Due Diligence (financing, IPO, M&A): Hope is Not a Method Name Selection/Branding Policing Your Brand (Infringements and Misuse)

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Speaker Bios Peter Kelman is a lawyer with the Boston law office of Posternak, Blankstein & Lund, LLP. Subside rehearses corporate law, with an accentuation on innovation organizations. Subside is a successive benefactor to Mass High Tech , Boston Digital News and the Boston Business Journal, where he expounds on legitimate issues influencing today\'s advanced economy. Posternak, Blanksetin & Lund is an average size full-benefit Boston law office that has a significant corporate practice with various web and high-innovation customers. The firm speaks to its corporate customers in all periods of corporate life, from start-up to mergers and acquisitions. Moreover, the firm speaks to a few funding bunches that put resources into innovation organizations.

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Speaker Bios Robert Cronin is an establishing individual from Stonebridge Associates, LLC and Managing Partner of Stonebridge Technology Associates. Mr. Cronin concentrates solely on raising private capital and giving merger and procurement admonitory administrations to ahead of schedule and rising stage innovation organizations. Mr. Cronin joined the firm in the wake of getting a M.B.A. from the Amos Tuck School of Business Administration at Dartmouth College where he was named an Edward Tuck Scholar. Mr. Cronin got a B.A. in financial matters from Dartmouth College. Mr. Cronin is a Director of Smart Storage Incorporated. Stonebridge Technology Associates is a Boston-based venture saving money gather that concentrates solely on tending to the one of a kind corporate fund needs of early stage and rising Internet, equipment, programming and other innovation item and administrations organizations.

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Speaker Bios Dag Anderson is the Vice President responsible for Consulting Services at PetRock Technology. Joined in 1999, PetRock Technology furnishes their clients with innovation driven answers for their business issues. Mr.Anderso

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