Virtual Monopoly: Building an Intellectual Property Strategy for Creative Advantage--From Patents to Trademarks, From Copyrights to Design Rights PDF
Preview Virtual Monopoly: Building an Intellectual Property Strategy for Creative Advantage--From Patents to Trademarks, From Copyrights to Design Rights
Virtual Monopoly Christopher G. Pike NICHOLAS BREALEY PUBLISHING Praise for Virtual Monopoly “Many business people know that intellectual property—patents, trade marks and copyright—is important, but few know why. Not only does this book set out to explain some of the basics of intellectual property and assess its importance in modern strategic planning, it challenges many of the traditional approaches of big business and contrasts how innovative and successful businesses can be built using an intelligent appreciation of the power of the virtual monopoly. This is a stimulating and thought provoking book.” Dr. Gordon Wright, Partner, Elkington and Fife (former Director of Intellectual Property, Sanofi-Synthelabo) “Business must make the most of its intellectual property assets. This book points the way. Both business people and professionals can learn much from the author’s lively and original approach.” Tim Roberts, President, Chartered Institute of Patent Agents “As intangible assets represent an increasing proportion of the value of enterprises in the digital information economy, maintaining competitive advantages relies more heavily on the ability to protect intellectual property. In his new book, Virtual Monopoly, Chris Pike provides a balanced view of these often-controversial issues with insights for both practitioner and regulator, making a valuable contribution to this important debate.” Edward Truch, Director, Knowledge Management Forum, Henley Management College This Page Intentionally Left Blank VIRTUAL MONOPOLY This Page Intentionally Left Blank VIRTUAL MONOPOLY Building an intellectual property strategy for creative advantage—from patents to trademarks, from copyrights to design rights Christopher G. Pike NI C H O L A S BR E A L E Y PU B L I S H I N G L O N D O N First published by Nicholas Brealey Publishing in 2001 36 John Street 1163 E.Ogden Avenue,Suite 705-229 London Naperville WC1N 2AT,UK IL 60563-8535,USA Tel:+44 (0)20 7430 0224 Tel:(888) BREALEY Fax: +44 (0)20 7404 8311 Fax: (630) 898 3595 http://www.nbrealey-books.com www.virtualmonopoly.net © Christopher G.Pike 2001 The right ofChristopher G.Pike to be identified as the author ofthis work has been asserted in accordance with the Copyright,Designs and Patents Act 1988. Library of Congress Cataloging-in-Publication Data Pike,Christopher,1967– Virtual monopoly :building an intellectual property strategy in the creative economy : from patents to trademarks,from copyrights to design rights / Christopher Pike. p.cm. Includes index. ISBN1-85788-284-9 1.Intellectual capital.2.Intellectual property.3.Intangible property.4.Monopolies. 5.Patents.6 Trademarks.7.Copyright.8.New business enterprises--Management.9. New products--Law and legislation.I.Title. HD53 .P55 2001 658.4--dc21 2001037664 ISBN 1-85788-284-9 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. All rights reserved.No part ofthis publication may be reproduced,stored in a retrieval system,or transmitted,in any form or by any means,electronic,mechanical,photocopying, recording and/or otherwise without the prior written permission ofthe publishers.This book may not be lent,resold,hired out or otherwise disposed ofby way oftrade in any form,binding or cover other than that in which it is published,without the prior consent ofthe publishers. Printed inFinland by WS Bookwell. CONTENTS Foreword xiii PART I THE NEW ECONOMICS OF VIRTUALMONOPOLY 1 1 From creative advantage to virtual monopoly 3 The most desirable business space imaginable 3 The three components of virtual monopoly 4 More than a knowledge economy 6 Characteristics of virtual monopoly 7 Why virtual monopoly is so relevant 10 2 The currency of virtual monopoly 13 Intellectual property and creative advantage 13 Combining intellectual property for added currency 16 Acurrency of legal substance 17 Acurrency for safeguarding investment risk 18 Acurrency of buy-sell relationships 19 Acurrency of business models 21 Acurrency for measuring creative advantage 21 Intellectual property is becoming a global currency 23 What does the globalization of intellectual property mean for business? 26 3 From currency to business model 28 The business models of virtual monopoly 28 Fortress monopoly 29 Value-added monopoly 31 Hub monopoly 34 Monopoly-in-a-box 38 Three supporting trends 40 Caught between virtual monopoly business models 44 Separate out the intellectual property riches 46 4 The intellectual property company 47 Two myths of intellectual property 47 Mission statement of the intellectual property company 48 Menlo Park was in New Jersey 49 Nemesis and rebirth 51 The one-person intellectual property company 53 Intellectual property company characteristics 55 The virtual monopoly business concept incubator 58 PART II CHALLENGES FOR THE VIRTUALMONOPOLY BUILDER 61 5 Establishing space within the crowd 63 Sensing the mood on the front line 63 The strategic choice for business 65 Four strategies for beating the crowds 66 Achieving the right strategic mix 68 The numbers game can distract from building virtual monopoly 73 Establishing business models within the crowd 74 6 Fighting for space 75 Fight club 76 What are we fighting for? 77 VIRTUALMONOPOLY ix Can the courts really help? 80 Executive fight strategy 83 Knocking over Aunt Sally 85 Fighting counterfeiting 86 7 Relationships and intellectual property 88 Relationship challenges 89 Diagnosis and common characteristics 90 The new relationship FAD 93 Foresight 94 Agreement 97 Diligence 100 Addressing the relationship challenges 101 8 Public unease 105 Strands of concern 105 Concentration of global intellectual property 106 When virtual monopoly becomes real monopoly 108 Effect of intellectual property on local economies 109 Effect of intellectual property on emerging economies 110 Patenting of the human genome 114 The importance for business of addressing public unease 116 PART III TOOLS FOR BUILDING VIRTUALMONOPOLY 119 9 Road map for building virtual monopoly 121 1 Bring intellectual property into your everyday experience 121 2 Understand how intellectual property is affecting your company 123 3 Build a virtual monopoly team 124
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