Start Ups and the Business of Intellectual Property Intellectual Property (IP) plays a multi-dimensional role in every creative, knowledge and technology driven company and its role is more pertinent in a start up

1. New Ventures & IP Risk
Management
R. Lakshminarayanan
Samsung Research India - Bangalore
1

2. Agenda
1. What is IP Risk?
2. What is the fundamental paradox?
3. How to strategize IP Risk handling?
4. What not to forget?
5. Conclusion
2

3. What is IP Risk?
IP Risk includes:
 Violation of 3rd party’s IP.
 Violation of IP by 3rd party.
Both result in loss of business revenues.
3

4. What is the fundamental paradox?
 Patent portfolio is essential.
 Patenting is rarely affordable to new
ventures.
Strategize to strike a balance.
Managing IP is critical to success in business.
4

5. How to strategize IP Risk handling?
 Avoidance.
 Protection.
 Defense.
5

6. Avoidance
 No dispute with your former employer.
 Monitor and educate your employees.
 Perform FTO search.
 Take a formal non-infringement opinion.
 Consider licensing-in as an option.
6

7. Protection
 Execute NDA with employees as well.
 Obtain opinion on patentability.
 Consider Prov. Spec filing.
 Consider lowering the cost for foreign
filings.
7

8. Defense
 Choose publication as defense.
 Consider sale & shop license.
 Ensure reasonable efforts to maintain secrecy.
 Obtain Assignments of invention on time.
8

9. What not to forget?
 Indemnity in 3rd party contracts.
 Insurance example, HDFC Ergo.
 Foreign Filing requirements.
 Secrecy till filing.
9

10. Conclusion
 Manage IP effectively.
 Increase valuation price of new venture.
 Reduce exposure to IP threat.
 Minimize competitive disadvantage
during acquisition.
10

11. THANK YOU
11