IP management lecture: IP compliance, portfolio management, effectiveness and efficiency
When it comes to effectiveness and efficiency in IP management, this can only be achieved based on a high-quality IP management system. No matter which aspect of IP management an organization wants to tackle, it is vital that the processes and procedures as well as the underlying guidelines and policies are implemented in a way that supports the company’s business. As in many areas of an organization the quality of an IP management system is measured by its outcome and the resources that a company is required to invest to achieve such outcome. Therefore, a high-quality IP management system must be effective and efficient.
When is an IP management system effective and efficient?
An IP management system is effective and efficient when the organization takes action early on with identifying, assessing and managing its IP risks through appropriate means. Then the system supports an organization in meeting legal and other requirements to achieve its IP objectives by applying certain methodologies.
What exactly is IP compliance?
IP Compliance means compliance with legal obligations imposed by IP laws or IP transactions as well as compliance with company policies and codes of conduct with regards to IP. As with compliance programs in other areas, an IP compliance program is designed to prevent harm and mitigate risks of non-compliance. This can be through avoiding penalties through governmental actions or liabilities and damages towards third parties. Therefore, an IP Compliance program has the primary purpose to avoid and minimize the risks of liabilities or penalties arising from infringement of regulatory requirements (e.g., breach of trade secret or copyright laws) or breach of contractual obligations (e.g., use outside the licensed scope).
How does IP portfolio management work?
Similar as with IP Compliance programs, efficiency and effectiveness of IP portfolio management depends on the IP management system as implemented in an organization. It is essential that all IP management systems are connected and are no silos. Therefore, in designing an IP portfolio management process there are two dimensions: planning the process that manages the IP in question and implementing intersections to other IP processes in the company. The portfolio management process needs to fit in the process landscape and must provide for an interface that coordinates and aligns efforts form the different IP management processes.
In every area of the portfolio management system a company has to make educated decisions on the initial implementation as well as how to implement changes on existing structures. These decisions are depending on costs, organizational set-up, portfolio strategy, size of the company and size of the current or future IP portfolio.
Finally, an organization should always do a cost-benefit analysis based on the IP goals and policies. There are multiple possibilities to choose an effective set-up in an organization, but it is vital that a company is constantly reflecting on its processes and organizational structures to improve performance while reducing costs.
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