Freedom to Operate Navigating the Course in the
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Freedom to Operate Navigating the Course in the Knowledge Economy WIPO Open Forum on the draft SPLT March 2 2006 Dr. David E. Martin, CEO M·CAM Fellow, Batten Institute, Darden Graduate School of Business Administration, University of Virginia © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
Currency Standard for the Knowledge Economy 1815 1922 2006 © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
Basic Market Factors • Fundamental shift from traditional industrial assets – Insufficiency of current market risk rating and credit rating forces inefficiencies in the capital markets – Reliance on historical financials fails to predict future performance • Policy, Business & Capital inefficiencies – Industrial property designed for invention now used primarily for defense and trade exploitation – Risks to global economy in the “unknowns” – often thought to be “unknowable” – Cost of capital rising as volatility forces reliance on equity rather than more cost effective debt markets • Accountability and Policy focus on quantity and temporal metrics while ignoring economic impact © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
Knowing Where to Look and Quality of Analyte • Where: – National or International? – Patents, NPL, Corporate Documents, TKD • Quality: – What can be viewed may not be equivalent – How it can be viewed may be restrictive © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
International Empowerment © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
Commercial Impact Assessment © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
Actuarial vs. Historical Paradigm Risk Management for the New Economy Known Obsolescence Rate Terminal Risk “Blind Risk” Exposure © 2006 M·CAM Confidential The Operating System for the Knowledge Economy
From Information to Enlightenment UNCITED PRIOR ART COMPETITOR UNCITED PRIOR ART PUBLIC DOMAIN (ABANDONED) UNCITING SUBSEQUENT UNCITED PRIOR ART COMPETITOR UNCITED PRIOR ART PUBLIC DOMAIN (ABANDONED) © 2006 M·CAM Confidential PUBLIC DOMAIN (ABANDONED) • Property derived from social contract must not be breached by applicants or granting agencies PUBLIC DOMAIN (ABANDONED) • Adverse rights can create “negative assets” where risks outweigh benefits PUBLIC DOMAIN (ABANDONED) • Property is not only defined by what you have but by dependencies and interdependencies held by others PRIOR YOU CITING The Operating System for the Knowledge Economy
Intangible Asset Classes • • Contracts Licensing Streams Sovereign Technology Procurement Patents Copyrights and Creative Works Franchises Secured debt, equity and related liens © 2006 M·CAM Confidential The Operating System for the Knowledge Economy