• Understand the theories, concepts, tools and cases covered in the course
• Recognize the IPR-related management challenges that arise at each stage of the innovative process from idea conception to commercialization
• Apply different theories and concepts in strategic analysis of concrete company cases
• Discuss legal problems that may arise in attempting to protect and promote a firm’s innovation strategy
• Critically assess the scope, limits and complementarities of applying the theories, concepts and principles to issues covered in the course

The course will be taught in English

Aim of the course

To profit from investments in innovation, entrepreneurs must not only have a promising invention, and define a suitable market, they must also develop a strategy to protect their intellectual assets. From the inception of the idea through final commercialization, the entrepreneur acts within a social environment, developing the invention, organizing its implementation, and competing on the market. At each stage, entrepreneurs are confronted with the dilemma: how much information to divulge, in what ways, and to whom – to fulfill their objectives: whether exploring the potential of the idea with friends and colleagues, seeking financial support from banks/angels/venture capitalists, hiring suitably qualified employees, engaging in collaboration, and so forth. In all these cases, knowledge of the alternatives, constraints, and opportunities embodied in the strategic exploitation of intellectual property rights (IPRs) is essential to entrepreneurial success. The nascent entrepreneur is also confronted with the rapidly evolving nature of i nternational intellectual property rights regimes. The challenges of digital technology for copyrighted goods, the consequences of the expanding realms of patentable technologies, the need to craft a strong brand, the challenges of protecting new designs, or licensing or franchising the rights – complicate IPR strategic decision-making. This course aims to elucidate the deeper nature of these choices by introducing students to the vexing dilemmas they will face – such as, for example: under what circumstances might it enhance profitability to refrain from enforcing IPRs? to use secrecy? to focus efforts on coming first to the market? – and to provide students with IPR tools they can use in their quest for entrepreneurial success.

 

Content

The IPR challenges facing the entrepreneurial start-up are the focus of this course. Students will form groups focusing on specific entrepreneurial projects, and use these as part of the learning process. The course follows IPR dilemmas and choices through the following three stages.

 

• Creativity and Entrepreneurial Opportunity: How can entrepreneurs know best to move forward with their creative flashes while minimizing the chances that their ideas are copied? How can entrepreneurs decide how best to reveal information about their inventions to potential business partners? What IPR instruments which can be used to these ends? For would-be entrepreneurs currently employed in a company: What IPR issues arise as part of their considerations to leave the firm and create a new venture?
 

• From Drawing Board to Development: How do IPR issues affect entrepreneur contracting for capital with angel investors or with venture capitalists? Given that entrepreneurs in the beginning may lack manufacturing know-how, how can they best cooperate with other firms and maintain/enhance their proprietary rights? Given the rise of digital technologies, when might open access be a preferred option?

•
Creating Commercial Value: How can entrepreneurs best build the relevant intellectual assets and find the best combinations of knowledge, increasing their chances for successful commercial performance? How can the potential market for the invention be gauged, given the IPR positions of competitors on these markets? What IPR issues are important when the entrepreneur is considering engaging in R&D joint ventures, or licensing out the rights?

 

Progression

This course builds on the courses of the previous three semesters, in particular “Innovation Economics and Management,” and “Law.”

• Aaker, David (2007): Innovation: Brand it or lose it, California Management Review, Fall, 50, pp.8-23.
• Edvinsson, Leif (1996). Developing a model for managing intellectual capital. EuropeanManagement Journal 14 (4), August, pp. 356-364.
• Gans, J.S., Stern, S. 2003. The product market and the market for ‘ideas’: commercialization strategies for technology entrepreneurs. Research Policy 32(2): 333-350.
• Knight, J. (2013). Patent Strategy for Researchers and Research Managers. 3rd edition. Wiley
• MacQueen, H., Waelde, C., Laurie, G and Brown, A. (2010). Contemporary Intellectual PropertyLaw and Policy (Oxford University Press, 2010).
• Pagnattaro, M. A. 2012, Preventing know-how from walking out the door in China: Protection of trade secrets, Business Horizons, vol.55(4), pp. 329-337.
• Shapiro, Carl and Varian, Hal. R. (1999): Rights management, Information Rules (Harvard Business School Press), pp. 83-102 (19 p.).
• Teece, David J. (1986). Profiting from technological innovation: implications for integration,collaboration, licensing and public policy. Research Policy 15, pp. 285-304.