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Intellectual Property Strategies for Start-ups

A Practical Guide

9781802204032 Edward Elgar Publishing
Edited by Stefan Golkowsky, partner, PFENNING Patent Attorneys and Lawyers, Berlin, Germany
Publication Date: March 2022 ISBN: 978 1 80220 403 2 Extent: c 320 pp
This highly practical book highlights the need for start-ups to protect their IP from the outset, outlining the basics of IP in a start-up context and guiding entrepreneurs in developing a successful IP strategy. Legal practitioners and auditing and consulting companies will find this an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses

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Critical Acclaim
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In the initial phase, start-ups often overlook the importance of protecting intellectual property (IP) assets in favour of concentrating on the business idea. This can leave the business exposed to both financial and creative risk.

This highly practical book highlights the need for start-ups to protect their IP from the outset. It outlines the basics of IP in a start-up context and gives guidance to founders and their advisors in developing a successful IP strategy, including building patent portfolios, contract drafting, financing, due diligence and asset management.
 
Key Features:

• ‘Best practice’ on IP strategy for start-ups and beyond
• Guidance on how IP can be protected and how infringements of third party rights can be avoided
• Practical advice on the role of IP in valuing and financing a business
• Review of the legal ramifications and pitfalls of failing to properly protect IP
• Accessible writing style and use of illustrative case studies
• Author team with vast experience of advising start-ups, and consulting on IP matters in M&A transactions

Legal practitioners and auditing and consulting companies will find this to be an invaluable resource for avoiding the pitfalls during due diligence. Investors and founders of companies will appreciate the practical information on protecting their IP assets and reducing the risk of legal losses.
Critical Acclaim
‘This book has relevance to anyone interested in how IP can be used – and navigated – in the context of start up companies anywhere in the world. With some strong insights into specific national issues such as inventor rights in Germany, it walks through the basics of IP and then shifts to a thorough and commercially minded review of issues facing new businesses hoping to grow through innovation, using a value-driven IP strategy. I've not seen a book like this before with such a practical level of advice, equally useful to people who support innovative companies, and management itself, from business model creation to intangible asset valuation to the realities of IPO. It is exhaustive, deeply relevant and literally on the money, focussing on how to build value, and how to keep a new business on track. Authored by specialists but totally pragmatic, whether you dip in or read end-to-end, this book showcases a vast amount of practical expertise.’
– Gwilym Roberts, Kilburn & Strode LLP, London, UK

‘Intellectual property rights are one of the most important but also underestimated assets of start-ups. This book gives a comprehensive and practical guide for start-up founders and investors on how to strategically deal with IP to support the value creation by the start-up. The reader will profit of the authors’ vast experience in industry, private practice, academia, start-ups and venture capital. A must-read for every start-up founder and investor!’
– Beat Weibel, Chief IP Counsel, Siemens AG, Germany
Contributors
Contributors include: Daniel Brüggemann, Rudolf Freytag, Rainer Gith, Stefan Golkowsky, Manuel F. Juette, Ashkan Kalantary, Peter Karge, Christina Lubinski, Thorsten Lubinski, Werner Mäntele, Uwe Schriek, Christoph Viebig, Leif Zierz
Contents
Contents:

Preface xvii
1. Basics of intellectual property rights with a focus on
start-ups 1
Uwe Schriek, Manuel F Juette and Stefan Golkowsky

2. Basics and development of an IP strategy for start-ups 33
Uwe Schriek

3. Basic principles of the law on inventions and their
relevance for start-ups 53
Peter Karge

4. Patenting and spin-offs at universities 92
Werner Mäntele

5. IP rights in start-ups as support when approaching
investors in financing rounds 111
thorsten lubinski

6. Contract drafting for start-ups with a focus on IP rights 128
Rainer Gith

7. Protecting future business with a value-driven IP strategy 156
Rudolf Freytag

8 IP management in the start-up lifecycle 192
christina lubinski and christoph viebig

9. Aspects relevant to the valuation of start-ups, with
a focus on intangible assets 216
Ashkan Kalantary

10. From IP to IPO – IP rights from the investor’s perspective 236
Daniel Brüggemann

Bibliography

Index
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