1st Edition
Intellectual Assets for Engineers and Scientists Creation and Management
Engineers and scientists engaged in creative works, inventions, and innovations – as part of the free-enterprise, free-market system – must understand what Intellectual Property Rights (IPRs) are and know how to strategically use them to create competitive advantage, wealth, and value. An acknowledged, major contributing factor to non-awareness amongst technical audience is the lack of availability of easily-understandable, business-relevant, and comprehensive books on the subject, that scientists and engineers can access. This book will provide comprehensive, easy-to-understand, innovation management perspectives on a wide range of IPRs for practicing scientists and engineers.
Key Features:
• One-stop shop for valuable information on all forms of IPRs for technical audience
• Strong innovation management component along the lines of technology for business and innovations for customers, and IP laws for protecting and unlocking the value of creative works, inventions, and innovations
• Gives easy-to-read, easy-to-follow innovation management perspectives
• Emphasizes IPR-related topics of practical relevance
• Compares the IP Systems of United States and others (EU, China & India)
Part-I: Foundations
1 The Underpinnings of Intellectual Property
1.1 IPRs – The Three Spaces of Expertise and Three Dimensions of Value
1.2 Tangible Assets (TAs) & Intangible Assets (ITAs) of Firms
1.3 Intellectual Assets (IAs) and Intellectual Property Rights (IPRs)
1.4 Net Worth/Book Value, Market Capitalization and True Market Value
1.5 Net Worth/Book Value
1.6 Market Capitalization and True Market Value
1.7 Information Revolution and Knowledge Economy
1.8 Intellectual Capital (IC) and its Importance in Knowledge Economy
1.9 Relationship of Intellectual Capital (IC) and IPRs
1.10 Value of IPRs – Promotion or Obstruction of Innovation?
1.11 Perspectives of IPR Opponents
1.12 Perspectives of IPR Advocates
1.13 The ESA-USPTO Study
1.14 The OHIM-EPO Study
1.15 References
2 Fundamentals of Intellectual Property Rights (IPRs)
2.1 Differences in the IPR Systems of USA, Europe, China and India
2.2 International Treaties and Conventions
2.3The Paris Convention
2.4 The Berne Convention
2.5 The Patent Cooperation Treaty (PCT)
2.6 The Madrid System for International Trademark Registration
2.7 The Hague Agreement for the International Registration of Industrial Designs 49
2.8 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) 50
2.9 References
Part-II: The Full Landscape of Intellectual Property Rights
3 Patents
Part-A: General Overview of Patents
3.1 Concept of a Patent
3.2 Nature of the Patent Right
3.3 Purpose of Patent Protection
3.4 Patentable and Not-Patentable Subject Matter – A Brief Sketch
3.5 Term of Patent Protection
3.6 Types of Patents in Different IP regimes – A Brief Sketch
3.7 Substantive Standards for Patentability – A Brief Sketch
Part-B: Patent Particulars
3.8 Patentable Subject Matter – Detailed Discussion
3.9 Not-Patentable Subject Matter – Detailed Discussion
3.10 Laws of Nature
3.11Physical/Natural Phenomena
3.12 Abstract Ideas
3.13 Immoral Inventions
3.14 Substantive Standards for Patentability – Detailed Discussion
3.15 Claims for Patent Protection – Detailed Discussion
3.16 Patent Ownership
3.17 Individual and Joint Ownership – Implications
3.18 Joint Inventorship – Implications
3.19 Patent Information
3.20 Patent Search
3.21 Patent Landscaping
3.22 Patent Application Procedures
3.23 Patent Infringement Basics
3.24 References
4 Copyrights
4.1 Concept of Copyright
4.2 Subject Matter of Copyrights – Copyrightable Categories
4.3 Subject Matter of Copyrights – Details of Copyrightable Categories
4.4 Subject Matter of Copyrights - Compilations & Derivative works
4.5 Subject Matter of Copyrights - National Origin
4.6 Subject Matter of Copyright - US Government Works
4.7 Works Eligible and Ineligible for Copyright Protection
4.8 Non-Copyrightable Works
4.9 The Exclusive Rights of a Copyright Owner
4.10 Limitations on Exclusive Rights: Fair Use Doctrine
4.11 The Scope of Exclusive Rights and Copyright Infringement
4.12 Copyright Registration
4.13 Copyright Notice
4.14 Copyrights in Different Contexts - Authorship and Ownership
4.15 Duration of Copyright Protection
4.16 Plagiarism and Copyright Infringement
4.17 References
5 Trademarks
5.1 Trademarks and Service Marks – Basic Requirements
5.2 Other Categories of Marks – Basic Requirements
5.3 Trademarks and Service Marks – Substantive Requirements
5.4 Marks Capable of Acquired Distinctiveness
5.5 Marks that are Not Distinctive
5.6 Other Important Information Concerning Trademarks
5.7 International Treaties administered by WIPO
5.8 Infringement of a Trademark/Service Mark
5.9 Other Causes of Action Related to Trademarks/Service Marks
5.10 Bad faith Registration and Cybersquatting
5.11 References
6 Other Forms of IPRs
6.1 Industrial Designs Plant Varieties
6.3 Geographical Indications (GIs)
6.4 Integrated Circuits Layout Designs (ICLDs)
6.5 Traditional Knowledge (TK)
6.6 References
7 Trade Secrets
7.1 The Definition
7.2 The Evolution of Trade Secret Law
7.3 Differences Between Patents and Trade Secrets
7.4 Misappropriation of TS
7.5 TS Protection by Courts – Enforcement
7.6 Proving a TS Violation in Court – Procedure
7.7 Proven TS Violations – Remedies
7.8 Strategic Decision by Companies - Patenting versus TS Protection
7.9 Development of a Strong TS Policy - Consistent Measures
7.10 Representative Examples for TS
7.11 References
Part-III: Strategic Intellectual Property Management
8 Intellectual Property (IP) Management Strategies and Tactics
8.1 Sources and Types of Innovation
8.2 Forces of Innovation
8.3 Linkage between Strategy, Innovation and IPRs
8.4 Companies Desire for Competitive Advantage
8.5 Strategic IP Management, Competitive Advantage and Sustainable Growth
8.6 Approaches for Strategic IP Management
8.7 Defensive and Offensive Patent Strategies
8.8 Non-Practicing Entities (NPEs) or Patent Trolls (PTs)
8.9 Litigation by NPEs and Impact on Innovation and R&D
8.10 References
9 Intellectual Property Valuation
9.1 Goals for Intellectual Property (IP) Valuation
9.2 Strategies for Successful Intellectual Asset Management (IAM)
9.3 The Strategic IA Audit of Firms
9.4 Goals for Strategic IA Audit
9.5 Advantages and Disadvantages of Various Approaches
9.6 References
Biography
Dr. Uday Racherla served as the Professor of Innovation and Intellectual Property Management in the Industrial Engineering and Management Department at the Indian Institute of Technology Kanpur (India) during 2012-2017, before returning to USA. Prior to this, he taught briefly at the Carey School of Business, Johns Hopkins University (USA). Professor Racherla’s academic areas of interest include – Strategy, Innovation & Entrepreneurship, Technology Management, Intellectual Property Management and Sustainability.
Prior to the academic stint, Dr. Racherla had 20+ years of global innovation leadership and R&D management experience in Fortune 500 Companies in USA. During this period, Dr. Racherla held many top executive positions – including, Senior Director of Innovation at PepsiCo, Worldwide Director of R&D at S. C. Johnson, Director of R&D at New Skin Enterprises, and other senior executive positions at Unilever – and led global R&D programs.
Dr. Racherla invented, innovated, patented and launched many successful commercial products worldwide. His industrial R&D expertise includes the areas of – Skin Care, Laundry Detergents, Home Sanitization, Air & Water Purification, and Nutritious Foods.
Dr. Racherla obtained his Ph.D. degree from the Purdue University (USA) under a Nobel Laureate, post-doctoral research experience from the Ohio State University (USA) under a Distinguished Professor of Chemistry, and an Executive MBA from the Kellogg School of Management (USA). He published over 120 research papers from academia and industry in prestigious journals such as Nature and Journal of American Chemical Society, served as an editor of a book, authored 2 book chapters, graduated several PhD & MTech Students, obtained 12 patents, designed and conducted multiple executive training courses, served as Visiting Professor at the Singapore Management University (SMU), and delivered many invited lectures at prestigious institutions worldwide.
