Virtual Monopoly: Building an Intellectual Property Strategy for Creative Advantage--From Patents to Trademarks, From Copyrights to Design Rights

217 Pages·2001·0.73 MB·English

by  Christopher Pike

Virtual Monopoly
Christopher G. Pike
NICHOLAS BREALEY PUBLISHING
Praise for
Virtual Monopoly
“Many business people know that intellectual property—patents, trade marks
and copyright—is important, but few know why. Not only does this book set
out to explain some of the basics of intellectual property and assess its
importance in modern strategic planning, it challenges many of the traditional
approaches of big business and contrasts how innovative and successful
businesses can be built using an intelligent appreciation of the power of the
virtual monopoly. This is a stimulating and thought provoking book.”
Dr. Gordon Wright, Partner, Elkington and Fife
(former Director of Intellectual Property, Sanofi-Synthelabo)
“Business must make the most of its intellectual property assets. This book
points the way. Both business people and professionals can learn much from
the author’s lively and original approach.”
Tim Roberts, President, Chartered Institute of Patent Agents
“As intangible assets represent an increasing proportion of the value of
enterprises in the digital information economy, maintaining competitive
advantages relies more heavily on the ability to protect intellectual property.
In his new book, Virtual Monopoly, Chris Pike provides a balanced view of
these often-controversial issues with insights for both practitioner and
regulator, making a valuable contribution to this important debate.”
Edward Truch, Director, Knowledge Management Forum,
Henley Management College
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VIRTUAL
MONOPOLY
This Page Intentionally Left Blank
VIRTUAL
MONOPOLY
Building an intellectual property strategy
for creative advantage—from patents to
trademarks, from copyrights to design rights
Christopher G. Pike
NI C H O L A S BR E A L E Y
PU B L I S H I N G
L O N D O N
First published by
Nicholas Brealey Publishing in 2001
36 John Street 1163 E.Ogden Avenue,Suite 705-229
London Naperville
WC1N 2AT,UK IL 60563-8535,USA
Tel:[phone] Tel:(888) BREALEY
Fax: [phone] Fax: [phone]
http://www.nbrealey-books.com
www.virtualmonopoly.net
© Christopher G.Pike 2001
The right ofChristopher G.Pike to be identified as the author ofthis work has been
asserted in accordance with the Copyright,Designs and Patents Act 1988.
Library of Congress Cataloging-in-Publication Data
Pike,Christopher,1967–
Virtual monopoly :building an intellectual property strategy in the creative economy :
from patents to trademarks,from copyrights to design rights / Christopher Pike.
p.cm.
Includes index.
ISBN1-85788-284-9
1.Intellectual capital.2.Intellectual property.3.Intangible property.4.Monopolies.
5.Patents.6 Trademarks.7.Copyright.8.New business enterprises--Management.9.
New products--Law and legislation.I.Title.
HD53 .P55 2001
658.4--dc21
2001037664
ISBN 1-85788-284-9
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library.
All rights reserved.No part ofthis publication may be reproduced,stored in a retrieval
system,or transmitted,in any form or by any means,electronic,mechanical,photocopying,
recording and/or otherwise without the prior written permission ofthe publishers.This
book may not be lent,resold,hired out or otherwise disposed ofby way oftrade in any
form,binding or cover other than that in which it is published,without the prior
consent ofthe publishers.
Printed inFinland by WS Bookwell.
CONTENTS
Foreword xiii
PART I THE NEW ECONOMICS OF VIRTUALMONOPOLY 1
1 From creative advantage to virtual monopoly 3
The most desirable business space imaginable 3
The three components of virtual monopoly 4
More than a knowledge economy 6
Characteristics of virtual monopoly 7
Why virtual monopoly is so relevant 10
2 The currency of virtual monopoly 13
Intellectual property and creative advantage 13
Combining intellectual property for added currency 16
Acurrency of legal substance 17
Acurrency for safeguarding investment risk 18
Acurrency of buy-sell relationships 19
Acurrency of business models 21
Acurrency for measuring creative advantage 21
Intellectual property is becoming a global currency 23
What does the globalization of intellectual property mean
for business? 26
3 From currency to business model 28
The business models of virtual monopoly 28
Fortress monopoly 29
Value-added monopoly 31
Hub monopoly 34
Monopoly-in-a-box 38
Three supporting trends 40
Caught between virtual monopoly business models 44
Separate out the intellectual property riches 46
4 The intellectual property company 47
Two myths of intellectual property 47
Mission statement of the intellectual property company 48
Menlo Park was in New Jersey 49
Nemesis and rebirth 51
The one-person intellectual property company 53
Intellectual property company characteristics 55
The virtual monopoly business concept incubator 58
PART II CHALLENGES FOR THE VIRTUALMONOPOLY
BUILDER 61
5 Establishing space within the crowd 63
Sensing the mood on the front line 63
The strategic choice for business 65
Four strategies for beating the crowds 66
Achieving the right strategic mix 68
The numbers game can distract from building virtual
monopoly 73
Establishing business models within the crowd 74
6 Fighting for space 75
Fight club 76
What are we fighting for? 77
VIRTUALMONOPOLY ix
Can the courts really help? 80
Executive fight strategy 83
Knocking over Aunt Sally 85
Fighting counterfeiting 86
7 Relationships and intellectual property 88
Relationship challenges 89
Diagnosis and common characteristics 90
The new relationship FAD 93
Foresight 94
Agreement 97
Diligence 100
Addressing the relationship challenges 101
8 Public unease 105
Strands of concern 105
Concentration of global intellectual property 106
When virtual monopoly becomes real monopoly 108
Effect of intellectual property on local economies 109
Effect of intellectual property on emerging
economies 110
Patenting of the human genome 114
The importance for business of addressing
public unease 116
PART III TOOLS FOR BUILDING VIRTUALMONOPOLY 119
9 Road map for building virtual monopoly 121
1 Bring intellectual property into your everyday
experience 121
2 Understand how intellectual property is affecting
your company 123
3 Build a virtual monopoly team 124