Managing Intellectual Assets in the Digital Age

Jeffrey Matsuura ,

 
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Managing Intellectual Assets in the Digital Age

About the eBook

Written for technology professionals and business managers/owners alike, this new, easy-to-understand book provides you with a comprehensive overview of the key legal and economic issues that affect rights of access and use for intellectual property and knowledge assets, with special emphasis on computer software, Internet content, and digital media. It is the first book to address management of both traditional intellectual property and the broader set of knowledge assets in a single resource. It presents these subjects in a style appropriate for a wide range of practitioners who are not intellectual property or knowledge management specialists, and approaches the challenge of managing these assets from a multidisciplinary perspective.

The book helps you recognize and respond to the criticalchallenges that you will be confronted with in the near future. It enables youto protect and maximize the economic value of the intellectual property youdevelop and prevent its misuse by others; reduce the risk that you will beliable for violating intellectual property rights of other parties; and developcommercial and legal strategies for profiting from the inventions andinnovations you create. It also shows you how to increase your ability toobtain access to intellectual property owned by others without incurring legalliability and subject to reasonable economic terms.

Contents

Introduction:Overview of Intellectual Property and Knowledge Assets - Purpose of this Book.Who Should Read this Book, and Why? Intellectual Property Law Principles.Knowledge Assets. Emerging Digital Rights Management Issues.

TraditionalSoftware Protection Strategies - Copyrights and Software. Patenting ComputerPrograms. Business Method Patents. Trade Secrets Protection for Computer Code.Moral Rights. Licensing. Reverse-Engineering. Comparing Traditional ProtectionStrategies.

OpenSource: An Alternative Model - Open Source Principles. Open Source andTraditional Intellectual Property Principles. Different Forms of Open Source.Open Source vs. Shareware. Economic Models for Open Source Material. OpenSource Applied Beyond Software. A Battle for the Heart and Soul of Open Source.Open Source: Placing a Premium on Collaboration. Management Strategies in anOpen Source Environment.

TrademarkProtection Online - Trademark Overview. Trademark and the Domain NameRegistration Process. The Problem of Cybersquatting. Resolving Domain NameDisputes. Reconciling the Interests of Legitimate Trademark Owners. Domain NameProperty Rights. Country Code TLDs. Multilingual Domain Names. Trademarks andHypertext Links. Keywords and Trademarks. Unfair Competition Claims. Strategiesto Manage Domain Names and Keywords.

Protecting“Look and Feel” of Online Content - Limits of Copyright Protection. Patents andDigital Look and Feel. Trademark Law Protection. Rights Under the DatabaseDirective and Property Law Theories. Trespass to Property. Rights UnderCompetition Law. Moral Rights. Managing Look and Feel.

ManagingDigital Media - Print Publishers. Music Rights. Digital Video Rights. SecureSystems for Digital Content. The Role of ISPs and Other Content Distributors.Criminal Penalties for Violation of Digital Media Rights. Managing DigitalMedia Rights.

TheChallenge of Peer-to-Peer and Distributed Computing - The P2P Process and itsChallenge. Managing Napster. The DMCA as a Threat to P2P Systems. DistributedNetworks. P2P-Driven Content Searches. Distributed Computing in P2P Systems.Content Management in P2P and Distributed Networks.

PropertyLaw & Commercial Transactions Law Applied to Digital Content - DataOwnership. Property Law Rights and Competition Law. Commercial TransactionLaws. Computer Fraud and Abuse Act and the Electronic Communications PrivacyAct. Future Trends.

Controlson Technology Development and Transfer - Technology Export Controls. Overviewof Technology Export Laws. Performance-Based Computer Controls. EncryptionControls. Knowledge Controls. Restrictions on Pass-Through Exports. DigitalMillennium Copyright Act and Anti-Circumvention. EU Cybercrime Treaty.Technology Taxes and Fees. Technology Controls: Trends and Strategies.

Valuingand Managing Knowledge Assets - Valuation. Licensing. Auctions and Exchanges.Intellectual Assets in Corporate Acquisitions and Start-Up Enterprises.Securitization. Donating Intellectual Property. Abandonment. Internal AssetTransfers. Auditing Intellectual Assets. Antitrust and Competition Law Constraints.Intellectual Asset Management Strategies. Valuing Intellectual Assets in aNetworked Setting.

Principlesfor Managing Intellectual Property and Knowledge Assets - Understand thesignificance of Computer Networking for Knowledge Assets. Recognize DiverseForms of Knowledge Assets. Apply All Available Asset Management Tools.Recognize Transitory Value of Assets. Make use of Non-Traditional CommercialModels. Recognize that Different Assets have Different Value. Accommodate OpenAccess and Broad Collaboration. Experiment with Different Distribution Models.Understand the Globalization of Knowledge Assets. Understand the Trend TowardEmpowerment of Asset Users.

Jeffrey H. Matsuura is an assistantprofessor and director of law & technology at the University of DaytonSchool of Law. He also serves as counsel, Alliance Law Group, LLC. He earnedhis M.B.A. at The Wharton School, University of Pennsylvania and his J.D. fromthe University of Virginia. He also the author of Security, Rights, and Liabilities in E-Commerce and A Manager’s Guide to the Law and Economicsof Data Networks (Artech House, 2002, 2000).

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