How to Win Against Counterfeiters

Online fakers are coming after everybody—but even the small and scrappy can fight back.

John Levis, Don Fancher, Eziah Syed, John Hudson

IP management now goes well beyond protecting one’s inventions. For instance, patent filings can be used as a very important sensing mechanism. A disciplined program of monitoring and reviewing filings that have the potential to be relevant to one’s space enables companies to stay on top of emerging threats and identify trends. … IP-related activities were historically used for protecting your own products and services; … [ Read more ]

David Teece

Unless you have truly fundamental inventions that no one else can copy, you need both [intellectual property rights and dynamic capabilities]. Strong intellectual property protection, in itself, will only help you on the first round of innovation. During that time, you can rent other people’s complementary capabilities. But sooner or later, you’re going to get copied, so you’ve got to move quickly to build the … [ Read more ]

Hal Varian

There’s already been a big revolution in how we view intellectual property. So it’s not so much the question of what’s owned or what’s not owned. It’s a question of how can you leverage the assets you have to realize the most value.

Matt Mason

From the author’s point of view, the threat really isn’t piracy; it’s obscurity.

Matt Mason

The average person in the U.S., even if he or she doesn’t illegally download music or movies, violates copyright laws so many times a day, according to John Tehranian, a law professor at the University of Utah, that if he or she were sued for just one day’s worth of violations, the damages would amount to about $12.45 million. It involves everything from forwarding an … [ Read more ]

Ronald Burt

Because of patent law, which exists to protect intellectual capital, we often think the value of an idea lies in its creation. Yet the value of an idea lies in the audience, not its source, and one idea can be ‘created’ many, many times. Creativity exists in a chain: an idea comes from this group and goes to that group, and that group then carries … [ Read more ]

Baruch Lev

One thing differentiates intellectual capital or knowledge assets from physical and financial assets, and that’s what economists call “rivalry” and “non-rivalry” assets. Physical assets are rival assets. Different users rival for the use of an asset. This asset cannot be used elsewhere at the same time. …Physical, human and financial assets are rival, or scarce, assets, where the scarcity is reflected by the cost of … [ Read more ]

Baruch Lev

The first negative [for intangible assets] is what economists call “partial excludability.” With physical and financial assets, you can completely exclude others from enjoying these assets. If I own a car and there is an effective police force, I can prevent anybody from using my car. But let’s say that I have an employee who is brilliant and that I have invested in his or … [ Read more ]

The Economist

In principle, patents open up innovations in two ways. First, they confer only temporary rights; once patents expire or are abandoned, the intellectual property they are designed to protect passes into the public domain. Second, they require the details of the invention to be disclosed so they can be replicated. This permits follow-on innovation, which is essential for industrial progress.

More recently, as the patent system … [ Read more ]

Thomas Jefferson

He who receives an idea from me receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me…Inventions then cannot, in nature, be a subject of property.