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Tue, Apr 3, 2007 19:50 EDT

Creating Value from Intellectual Property

Topic: Enterprise Management

Current Rating: 5 Comments: 3

We live and work in an increasingly knowledge-based economy. Much of what people produce and consume has no tangible manifestation. Even when it does, the thing that makes that good most valuable and unique – the innovation that sets it apart – does not.
As companies increasingly compete on innovation, and as we continue to digitize everything (IDC predicts we will generate close to 1,000 exabytes of data by 2010) – as that happens, our ability to understand, leverage and protect our intellectual assets is core to the health of our organizations and our economy.
Last month I moderated a panel on The New IP Economy at a meeting of the Executive Council of New York. The discussion took the assumption that at least some portion of that 1,000 exabytes of data is not only materially valuable; it also can and should be accorded property status so it can be valued, leveraged and protected appropriately. (Note: there’s a patent or copyright lawyer in your future if not your present.) We talked about the current state of IP; opportunities and risks; organizational implications, and where things are headed.
The panelists were extremely knowledgeable and brought an eclectic mix of views to the topic. They included Robert Cote, a nationally recognized patent litigator and trial lawyer who is a partner in law firm Orrick's IP litigation group and chair of their software group, and Marshall Phelps, who heads Microsoft's intellectual property groups and oversees the company's management of its intellectual property portfolio (which comprises some 20,000 patents worldwide) and who previously did similar work at IBM.
David Kuttler, vice president of information management architecture in the office of the CIO at Johnson & Johnson, brought an executive management view of leveraging and protecting IP – a view that was shared by Jack Nelson, senior vice president and CIO at Mount Sinai Hospital.
Finally, J. Moses, co-founder and CEO of UGO Networks, an online entertainment network for men age 18 to 34, is more concerned about copyright protection than patents. As other sites have built business models around “user-generated content,” he made the strategic decision not to allow users to upload content to his site. Given last month’s announcement of Viacom’s $1 billion suit of YouTube for copyright infringement, that’s looking like a pretty savvy move.

What Is the New IP Economy?
I launched the

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Thu, Apr 5, 2007 16:34 EDT
Posted by: bcrowell
Rating:

Abbie:

I found your article disturbing on many levels. It challenges my beliefs as a conservative Republican in the free market system and its level of pure greed. Am I becoming a communist having spent too long in the public sector? As noted, what would be the impact of these concepts on the costs of our health care system? Are generic drug manufacturer’s communist? Finally, is my belief in the value of an open source business model and community misplaced?

I believe not. In the end intellectual property proponents will be overwhelmed and consumed by the open source movement. People who attempt to guard their IP and monetize it will be left in the dust by those who openly share their ideas and contribute to the benefit of the whole. The abandonment of UNIX for LINUX is a case in point. The growth and success of open source firms such as SugarCRM and Compiere are also telling.

In the end I believe the marketplace will value most the free exchange of ideas (IP) by million of collective minds and those individuals or firms attempting to monopolize ideas will be left in the dust.

Bill

 
Mon, Apr 23, 2007 10:25 EDT
Anonymous user
Posted by: Zonker
Rating:

Bill - You may not be a communist, but you are not a businessman either. It has been pretty well proven that individuals will innovate and excel when they see some sort of gain. In your utopian world, everyone invests and creates IP to give away - why would they do that? Even more importantly, is that good for society? We need to create viable businesses that in turn create jobs and lasting value.

Your UNIX to Linux argument is tired and wrong. Companies - businesses who care about the bottom line -switched to Linux because the overall cost of ownership due to cheap X86 hardware was a compelling business value. They did not do it to share their IP.

Geoff

 
Fri, Apr 27, 2007 18:45 EDT
Anonymous user
Posted by: Faizel Lakhani
Rating:

I agree that IP is a significant part of enterprise value, but the protection of IP is not a trivial task. Who at the organization can identify and define precisely what its IP is? Information security, legal, and C-level executives all have a role, but today the biggest struggle is where to start protecting IP and what to do about it.

DRM technologies are a good start but rely on users who know how to classify information—and we know how difficult it is to get users to uniformly apply definitions. In addition, IP definition is complex, amorphous, and difficult. Hence a better approach to IP protection deals with how to automate the detection of IP, how to simplify and abstract this IP, and how to protect it from accidental or malicious disclosure.

The biggest challenge in protecting IP is not simply to recognize that IP has value in itself but to recognize that IP helps determine the real value of organizations—and then to treat IP accordingly.

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