b'PROTECTING INNOVATIONGlobal IP Protection:Where Do I Start? I was seldom able to see an opportunity until it hadthere be any trade secrets and what are the licensing ceased to be one.Mark Twainconsiderations? Second, identify key jurisdictions for IP protection. There should be solid reasons as to where YOUR COMPANYhas a wonderful seed innova- IP should be protected such as where you want to tion overflowing with value creation for the endmanufacture/grow your innovations, where you want user, distribution, and the innovator. Then it hits you,to sell your innovations, where your competitors sell/how do you commercialize this innovation withoutgrow/manufacture their innovations, and the enforcea-ELOY CORONA,losing control? The problem is already complicated inbility laws of the IP/contracts/trade secrets in a specific executive directorone country, but when the potential is global, it maycountry or region. Do you have freedom to operate of SIPA.seem insurmountable.your IP in certain jurisdiction? After determining someGlobal intellectual property (IP) protection involvesof these answers, you can then establish countries a team approach requiring expertise from strategy,of most importance and tier the filing of IP in waves legal, licensing, regulatory, marketing strategy, andof priority (i.e., patents, regulatory, trademarks, etc.). production. The following should be part of your globalSometimes filing IP may not be applicable or worth-IP strategy: while in a certain jurisdiction, and you may have to rely 1. Build a formal and internal IP Managementon trade secrets and licensing strategies.team. This is your companys first step in the process,4. Budget for IPcost and time. The cost of IP and typically, this is also the most overlooked step.protection can add up very quickly. That is why it is BARBARA CAMPBELL,Having an IP Management team ensures that there isimportant to determine how much the IP protection patent attorneydialogue between various company departments andwill cost in each country or area of protection and how at Weatherly IPspecific plans for the companys new innovations. Thelong it will take to obtain protection. Also, there might Solutions. IP Management team is responsible for creating an IPbe additional regulatory or registration issues and those policy and should meet frequently enoughi.e., quar- should be budgeted for accordingly.terlyin order to capture new innovations and also5. Retain efficient counsel. Most companies have discuss any issues. Ideally, the IP Management teamin-house counsel for managing IP, but the delegation of should be composed of mixture of interdepartmentalprocuring IP falls on outside counsel. This is probably personnel so that representation from different depart- one of the most important considerations when retain-ments have input, and where specific roles and respon- ing outside counsel. Not all law firms have the expertise sibilities are delineated. to handle every type of matter and it is very important 2. Employee training and identifying IP. Once anto recognize this. Plant and seed IP protection, for IP Management team set up, it is important for theexample, is a specialized area comprised of many dif-WHEREWEB team to direct or train all applicable employees onferent specific areas of law that few law firms truly have ON THE the companys IP policy, which should be reduced tospecialized experience in. When you retain counsel with For any questionswriting and available for all employees to review (i.e.,actual specialized experience and knowledge in your or comments pleasein a specific area of the companys database). The IParea of innovation, you are able to get an understand-contact Eloy Corona,policy should also contain invention disclosures, how IPing of what is and is not possible to obtain for IP protec-Executive Director at Seedis identified, retention of laboratory notebooks and thetion in an efficient, concise, and cost-efficient manner.Innovation & Protectionlike and the process for bringing forth a new inventionThe global framework that revolves around estab-Alliance at eloyc@seedipalliance.com orto the attention of the IP Management team. lishing a companys intellectual property involves many Barbara Campbell, Patent3. Build an IP Strategy. This is another respon- policies and decision makers. Having the appropri-Attorney at Weatherly IPsibility of the IP Management team and there are aate personnel and policies in place ensures that your Solutions, LLC at barbc@ number of issues for the team to consider. First, whatorganization will be able to acquire, enforce, defend, weatherlyip.com. kind of IP will be filed? (patents, plant breeders rights,and commercialize your intellectual property to align trademarks, copyrights, domain registration, etc.). Willwith its business needs.SW62/ SEEDWORLD.COMINTERNATIONAL EDITION 2021'