innovation across borders - session 5 rob ford

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OPEN INNOVATION – OPPORTUNITIES AND RISKS OF IP TRANSFER ACROSS BORDERS Robert D. Ford February 24, 2011 Innovation Across Borders Conference MaRS Centre, Toronto, Ontario

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  • 1. OPEN INNOVATION OPPORTUNITIES AND RISKS OF IP TRANSFER ACROSS BORDERS Robert D. Ford February 24, 2011 Innovation Across Borders Conference MaRS Centre, Toronto, Ontario

2. Gowlings

  • One of Canadas largest national law firms
  • 750 professionals across 8 Canadian offices andMoscow andLondon
  • Cross-disciplinary:
  • Intellectual Property
  • Advocacy
  • Corporate Finance
  • Licensing, Strategic Alliances and Joint Ventures
  • Mergers and Acquisitions
  • Regulatory, Government Relations and ProductLiabilityservices

3.

  • Business Models forTechnology Commercialization
  • CLOSED INNOVATION - ruled the 20th century
  • OPEN SOURCE - emerged early 1990s
  • OPEN INNOVATION - emerged mid-late 1990s

4. Closed Innovation

  • 20 thcentury Big Business model
  • based on internal / vertical commercialization
  • excludes external inputs ( except for institutional R&D )
  • USA, early 1900s - Europe & Japan early 1950s
  • heyday, 1950s-1980s ( Fortune 500 companies )
  • Increasing DECLINE 1990s to present

5. Closed Innovation Henry Chesbrough, 2003, Open Innovation 6.

  • free re-distribution of software in source code form
  • shared rights to use the technology
  • collaborative further development & sharing of the technology
  • no monetary rewards to the innovators
  • Open SourceIS NOTa sustainable business model
  • primarily used by electronic gaming industry & academia

Open Source( Principles ) 7.

  • mid-1990s Closed Innovation biotechnology commercialization ran into court battles over IP

Open Innovation(Drivers)

  • internal projects dropped by Fortune 500 companies= layoffs and unemployment
  • unemployed highly trained personnel started companies
  • realization that ~90% of IP was not commercialized

8. Open Innovation(Drivers)

  • explosion in electronic communications & media
  • powerful low cost/no cost internet search engines
  • appearance of fast-track commercialization clusters
  • evolution of OPEN INNOVATION commercialization

2000s 9.

  • takes advantage of others knowledge, successes & IP

Open Innovation(Principles)

  • accelerates speed of commercialization
  • based on rapid diffusion adoption imitation
  • requires brokering of knowledge & IP & collaborations

10. Open Innovation(Principles)

  • focus on extensive licensing:
      • licensing-in
      • licensing-out
      • cross-licensing
  • greatly expands value capture from protected IP
  • patents used as currency (not as barriers)

11. Open Innovation (How it works) Chesbrough et al., 2006, Open Innovation; Researching a New Paradigm 12. The Panel

  • Jennifer Thompson, V.P. Corporate Development & Investor Relations EnWave Corporation (TSX-V: ENW)
  • Dr. Yousef. Haj-Ahmad, M.Sc., Ph.D. President & CEO, Norgen Biotek Corp.
  • Mr. Martin Bonenfant, Intellectual Property Analyst, Medicago Inc.

13. The Discussion Questions

  • How does one protect IP in a global economy?
  • What does one "give" and what does one "take" in global collaboration?
  • Examples of "open innovation" best practices for SMEs?