INTELLECTUAL PROPERTY MARKETING
Studying the material of the chapter will allow the student:
• Specificity of intellectual property as a commodity;
• Features of consumer behavior in relation to technology;
• the main directions of the commercialization of intellectual property and the features of their marketing support;
• the key areas of market research in the sale of intellectual property rights;
• specifics of intermediaries in the intellectual property market;
• features of promoting technology as a commodity;
be able to
• accept, substantiate and evaluate key decisions within the framework of intellectual property marketing;
• justify the choice of an intermediary in the sale of intellectual property;
• plan and evaluate activities to promote intellectual property to the market;
• negotiate with potential licensees and franchisees as part of a horizontal transfer of intellectual property;
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• The methodology of market research in the commercialization of intellectual property;
• a tool for pricing technology;
• methods for assessing the competitiveness of technology;
• Methods for planning marketing activities for the commercialization of intellectual property.
Intellectual property as a commodity. Commercialization of intellectual property
In today's world, intellectual property (IP) is a strategic asset of most modern enterprises. So, according to the consulting company Interbrand, the percentage of tangible and intangible assets in British Petroleum is 29/69 , at IBM - 17/83, at Coca-Cola - 4/96.
The increase in the strategic importance of intellectual property is explained by the following.
First, intellectual property establishes the rights and identifies the owner of intellectual activity that can exclusively benefit and exclude the use and disposal of IP by others without the necessary authorization.
Secondly, IP has the property of multiplying, growing, accumulating income through the entire life cycle of the project - from the idea and strategy to the development of the product and its prototype, from licensing and production before marketing, from attracting investments to product exports and franchising, etc. At the same time, it is important to note that the owner of IP has the opportunity to receive income not only through the use of the IP object underlying the patent (technology, trademark, etc.) but also through the assignment of IP rights to third parties (under a license agreement, franchising, etc.).
Thirdly, IP is the main source of the emergence and maintenance of trust, confidence in the company from its clients and counterparties, creates an image and reputation, contributing to the maximization of goodwill.
Fourthly, IP can be viewed as an independent tool for managing the company's value, since often the company's dissemination of information about the planned launch of production on the basis of new technology causes an increase in the market price of shares .
In determining intellectual property, it is necessary to consider this concept in both a legal and an economic sense.
In the legal aspect, intellectual property is the exclusive right of ownership of the results of intellectual activity, assigned to the rightholder through a system of legal norms.
From an economic perspective, the definition of intellectual property is similar to the definition of property in general. These are the property relations arising from the creation and use of the results of intellectual activity in the sphere of production and consumption.
According to international practice, in particular the World Intellectual Property Organization, IP rights are classified into three groups (Figure 8.1): industrial property, copyright, trade secret (know-how).
Fig. 8.1. Classification of results of intellectual activity
Domestic regulatory framework (part 4, article 1225 of the Civil Code of the Russian Federation) presents a more extended list of RDI, referring to them works of science, literature and art, programs for electronic computers (computer programs), databases, performing activities
Activity, phonograms, broadcast or cable broadcast of radio or television broadcasts, inventions, utility models, industrial designs, selection achievements, integrated circuit topologies, production secrets (know-how), branded names, trademarks and service marks, appellations of origin of goods, commercial designations.
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The general characteristics of key results of intellectual activity are presented in Table. 8.1.
Key intellectual property results
The result of intellectual activity
Term of Protection
A technical solution pertaining to a product
Novelty, Inventive Level, Industrial Applicability
Technical solution pertaining to the device
Novelty, industrial applicability
Artistic design, determining the appearance of the product
The symbol, name, designation, which allows to identify the products of one manufacturer from the products of another manufacturer
Verbal, pictorial, volumetric and other notation or combinations thereof, which are not generally accepted symbols and terms
Information of commercial value due to its unknown to third parties
The owner himself takes the necessary measures to protect the know-how
Commercialization of the results of intellectual activity - their practical use for profit. This is a long and complex process that is possible only if there is close interaction between science, industry and the market, with information support for all stages of the innovation cycle, taking into account the economic and social factors of the emergence and use of intellectual property, as well as current trends in business and economy, marketing research.
In general, the commercialization of the results of intellectual activity can be represented as a set of steps shown in Fig. 8.2.
Fig. 8.2. Stages of commercialization of results of intellectual activity
At the first stage, based on the information that the developer has (accumulated knowledge or some practical need), an idea, a hypothesis, the basis of the concept is formed.
Within the framework of the transition to the second stage, the information available at the initial period is embodied in one or another result. Fundamental, exploratory, applied research and development work is carried out, during which an object appears which the developer can subsequently formalize as a result of intellectual activity.
The main goal of the third stage is the registration of intellectual property rights or the procedure for creating a special protection regime for an object in the know-how category.
In order to consolidate intellectual property as part of the enterprise's property, an object of intellectual property is valued and put on a balance sheet for subsequent accounting.
Strategic use of the results of intellectual activity - the stage of direct profit extraction.
As can be seen from Fig. 8.2, the result of intellectual activity is able to bring its owner benefits in three main ways.
The owner can use all intellectual property rights himself as an intangible asset of an enterprise capable of ensuring the production of competitive and high-tech products; accordingly, all the revenue from the potential market will belong to it (the financial result is the mastery of the production and sales of the new product). In this case there is a vertical transfer of technologies, in which the mastering of intellectual property is carried out at the expense of the owner's own forces, and the entire innovation cycle is concentrated in one organization. The center of this commercialization strategy is directly the IP object (technology, on the basis of which the owner organizes the business).
The owner can assign all the rights to another person, in this case, intellectual property will be a commodity. At the same time, the owner implements a horizontal transfer, within which commercial realization of intellectual property occurs through operations with intellectual property rights, losing all the amount of potential income from its independent use. Such a strategy can be implemented in the framework of a contractual agreement, when a scientific and technical company carries out a cycle of R & D under a specific order; under a full license agreement whereby the patent owner loses the possibility of using the result of intellectual activity independently and also has no right to assign the rights to third parties (other than the target licensee), thus it is not possible to derive an economic benefit from the use of IP in the future, but legally remains the patent owner; as part of the leasing of industrial designs, etc.
Finally, the most advantageous option is the combination of the two previous ones, based on one of the most important properties of intellectual property: if a regular commodity is exchanged for money once and, turning to a new owner, is not capable of yielding to the former owner, then intellectual property rights can participate in the exchange any number of times. At the same time, firstly, each time bring a high income to the owner, and secondly, even with the exchange, to remain in the owner's ownership in part (thus, the right holder receives income from the sale of intellectual property rights, and from its direct use). It is this strategy for the use of intellectual property, which can be realized primarily through a licensing agreement and a franchising agreement, will be the direct object of analysis in this chapter.
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