LUISS Guido Carli
Master in General Management
Specialisation in Management of Innovation
Intellectual Property Rights and Technology Transfer
Prof. Massimiliano Granieri
Academic year 2011 – 2012
SYLLABUS
Calendar of classes and related topics
September
- Wed. 21/09
Introduction and methodology
Purposes of the course
Managing intellectual property (I.P.) in a knowledge-based society; value of innovation and value of protection
The law and economics of intellectual property protection. Commons and anticommons
- Thu. 22/09
Traditional and strategic use of I.P; competitive advantage and I.P.-enabled business models (I)
The value of intangible: intangible assets, intellectual capital, intellectual property
I.P. protection, I.P. subject matters and the evolution of protection
Leveraging intellectual capital to create IP: from knowledge management to intellectual property
Knowledge and information; tacit and codified knowledge; invention and uninvention
Creation of explicit knowledge and tools
- Wed. 28/09
Managing I.P. and technology in context
I.P. and the organization of production; vertical integration vs. outsourced models
Open innovation, technology transfer and I.P.-enabled business models (II)
- Thu. 29/09
Protecting innovation through secrecy
Economic justifications for secrecy
Principles of trade secrets law
Strengths and weaknesses of trade secrets; reverse engineering
Managerial issues in dealing with trade secrets
October
- Wed. 05/10
Protecting innovation through patents
Economic justification for patent protection (reward theory/contract theory)
Principles of patent law (national, European, international)
- Thu. 06/10
Getting access to patent protection (substantive issues); novelty, inventive step, industrial application, sufficient description
Getting access to patent protection (procedural issues)
- Wed. 12/10
Strengths and weaknesses of patent protection
Anticommons in practice; the concept of “freedom of operation”
Strategic use of patents (fences, walls, floods,roymaximization, torpedos, free licensing, cross licensing, pooling, advertising)
- Thu. 13/10
Claim construction, drafting and interpretation
Searching and interpreting patents and patent data
The use of databases and the internet
Esp@cenet and other systems
- Wed. 19/10
Case study: the BlackBerry litigation.
- Thu. 20/10
Computer software and I.P. protection; internet and business methods
Other forms of protection
Basic of mask work protection, plant varieties, biotechnological inventions, geographic indications, utility models
- Wed. 26/10
Aesthetic creations and I.P. protection
Design and trademarks
Economic justification for trademark protection
Principles of trademark law
Managerial issues in dealing with trademarks; merchandising and the fashion & luxury industry
- Thu. 27/10
I.P. and digital rights
Digital rights management and the use of I.P. in the digital content industry
Alternative business models for the content industry
The open source/open science alternative
November
- Wed. 02/11
The enforcement of I.P. rights; judicial administrative remedies and procedures
Boarder measures and business intelligence through patent information
Reporting
- Thu. 03/11
Strategic litigation of I.P.
Injunctions, Damages and other remedies
- Wed. 09/11 – no class
- Thu. 10/11
The economic and financial value of intellectual property (I)
- Wed. 16/11
The economic and financial value of intellectual property (II)
- Thu. 17/11
Managing intellectual property rights with public research organizations
Licensing and spinning-out companies
Marketing intellectual property. Pull and push.
Funding I.P. through venture capital; “Google stories”
- Wed. 23/11
Transfer of technology by contract
License agreements and assignments
Assignments of inventions and of titles on inventions
- Thu. 24/11
Cooperative research and development agreements (CRADA)
Research & Development Joint Ventures
Management of background and foreground intellectual property
Dissolution of the cooperation and the issue of co-ownership
- Wed. 30/11
IP due diligence and the strategic decision to buy
Due diligence checklist
Issues of ownership (who owns the golden eggs?)
December
- Thu. 01/12
Structuring license agreements (I)
Representations and warranties
Granting exclusivity
- Wed. 07/12
Structuring license agreements (II)
Royalty structures and other forms of consideration
Monitoring licensees and enforcing the contract
- Wed. 14/12
Antitrust issues in technology transfer
Vertical agreements and antitrust rules
- Thu. 15/12
(cont’d)
The European discipline of block exemption
Regulation 772 and the antitrust guidelines
A comparison with the U.S.