Technology forecasting is fundamental to what must be done in technology commercialisation. Legal opinion (AKA legal forecasting) should get with the program. Understanding the broader imperatives for a technology to work is vital. Otherwise a risk is that legal opinion will make or contribute to make something that is unworkable.
About 10 years ago I was inspired to prepare an adaptation of a graphic. The inspiration came from a publication issued by the Institute of Intellecual Property in Japan. The publication was titled "Exposure '94: A Proposal of the New Rule on Intellectual Property for Multimedia".
Recently a lawyer insisted that a contractual disclaimer he put into a contract should remain despite my strong protest. He said my client should simply deal with the issue by conducting "due diligence".
I replied the disclaimer was unreasonably wide removing any scope for complaints. I added that my client would do "due diligence" if the lawyer could provide me with a "due diligence" checklist at the level of a managerial risk management checklist (supported as they often are by recognised standards). The phone went silent. I never received any "due diligence" checklist.
It's very frustrating to hear of a good idea killed at birth by a lawyer who warns of "legal risks" but leaves the idea's champion unconvinced that the legal issues are critical or unmanageable. How can the manager fight back? Instead of freezing when hearing the phrase "legal risks", how can a manager who does not have a law degree test the "legal risks"?
To answer this question imagine a context. Imagine you have a new IT idea for your company and as the project manager you are suddenly blocked by advice by the company's lawyer that legal risks would arise at the commercialisation stage. You are unconvinced, you want clarity about the legal risks.
It is well known that New Zealanders were the first to commercialise the kiwifruit globally. Less well known is the role of intellectual property in this New Zealand success story. Get ready for a tasty illustration of - intellectual property, food research, commercialisation and ISO 9001 compliance - working in unity to maintain New Zealand's leadership in the global $US2.5 billion kiwifruit market.
The $US900 million ($A1.18 billion) deal for MySpace, announced on 7 August 2006, between News Corp and Google is a milestone in the history of the commercialisation and monetising of social networking websites.
I have never forgotten my profound shock of recognition one day in 1996 when I came across the concept of a hit industry typology. The concept was in a book I was reading titled Developing Business Strategies by the prominent American academic and author, David A. Aaker.
Ten years on I'm reminded of Aaker's book given the increasing buzz around Chris Anderson's "The Long Tail". This blog in 2005 became a book in 2006, and this month entered the New York Times list of top 10 bestselling books.
“Wouldn’t it be nice if the world was Cadbury?”, proclaim its advertisements ad nauseam.Well, as long as you’re not locked in a legal battle with them. Aggressive legal tactics, backroom deals - the food and retail giant is pulling out all stops.
Dell's latest Google AdWords campaign made Toshiba and Acer very annoyed.Why?Apparently Dell registered the phrases "Acer notebook" and "Toshiba notebook" on Google's advertising program, so people entering these search terms into Google's Australian search engine would be directed to Dell's website.
What an interesting legal football such registered search terms are. They've been tested by courts around the world with wide-ranging interpretations and conflicting decisions.The French have been harsh, the Brits have been lenient and the US have been a bit each way. Here in Australia these issues haven’t really been tested yet.