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Intellectual Property – Intellectual Property Books To Do-It-Yourself And Save Money

You’ve worked hard to build your business; to develop your sales and marketing techniques, to build strong customer relations, to earn a competitive advantage. But, every day you risk losing that advantage. You hire employees, you train them, you disclose your secrets to them and then, one day, they leave. Most will leave on good terms, but some will try to take unfair advantage of what you have taught them.

There are ways to protect yourself and minimize your risk. Two basic concepts, non-disclosure and non-competition can help you protect your competitive advantage.

Non-disclosure can prevent a former employee from telling a competitor what he has learned from you. Non-competition can prevent someone from starting or working for a similar business and using your secrets against you. In certain situations, the obligations are presumed. In most, however, a written agreement is required.

Patents

A patent is a governmental-granted form of legal protection for anything that you invent. The range of Inventions that are covered by patent law, however, is very vague. In general, an invention is defined as “anything that provides new solutions to technical problems.” This may include processes or physical entities.

Before the government gives you patent rights to your invention, you must first provide several claims indicating that your creation is both new and useful. Once you have done so, you will be given exclusive ownership rights that will be in effect for, on average, 20 years. Once the patent expires, others will be given access to your invention and therefore gain the opportunity to develop it further.

The Invisible Edge: Taking Your Strategy to the Next Level Using Intellectual Property

For entrepreneurs knowing how to turn intellectual property into an indispensable source of competitive advantage has often proved to be the key for business success. The authors Blaxill and Eckardt have consulted for companies that work well, are full of hard workers and competent managers – yet they are barely able to make a profit. Conversely, they also have worked in undisciplined, totally mis-managed firms that consistently generate massive profit margins. The key to sustainable profits – effectively harnessing the firm’s intellectual property. This book is about turning those intangible IP assets into an unbeatable competitive advantage. With the good IP and the the correct strategies, companies achieve premium prices, grow market share, realise lower costs, and can generate income directly from the IP itself. Do you want this? The authors teach a new way for businesses to identify their invisible assets, analyze them, and build a real business around them.

Generally, agreements that last more than 2 years are questionable. However, the facts of each situation will determine the reasonableness of the restrictions. In one situation a sort term agreement may be too restrictive. In another, a long term agreement may be enforceable.

It is important to understand that Georgia law states that either the agreement as a whole is enforceable or it is not. If it is unreasonable in any respect, the entire agreement is unenforceable. What is reasonable is different in every situation. Severe restrictions may be reasonable for a vice president, while the same restrictions may be unreasonable for a receptionist. The best rule of thumb is use these agreements sparingly and seek only reasonable protection. An attempt to over-protect your business may result in no protection at all.

Finally, a well drafted agreement and some internal procedures can provide your business with substantial protection. However, employees are supposed to gain knowledge, contacts and experience over time. The law will not enforce an agreement which unreasonably restrains someone from earning a living. If you have information which you want to protect, it is best to contact a local attorney

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Philip Kotler, Marketing Speaker

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