Промышленный лизинг Промышленный лизинг  Методички 

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suitable for know-how protection, one option is to control access. Trade secrets may be marked as confidential. The firm should consider obtaining insurance coverage for possible infringement claims made against the firm.

Monitor. The final and perhaps most essential activity is to monitor the behavior of your own staff as well as the actions of others. The firms staff should be encouraged to review periodicals, marketing literature, web sites, and other sources to check for infringement. Retaining legal counsel may be required when infringement is perceived. The firms goal is to maintain diligence in its practices and meet its secrecy objectives by demonstrating an intention to protect its intellectual property and then backing its intent with action.

Other Aids to Understanding Intellectual Property

In addition to intellectual property texts such as those discussed earlier, numerous journals and texts address intellectual property issues. Topics recently addressed by the Intellectual Property and Technology Law Journal8 include:

International developments such as foreign recognition of and cooperation in protecting property rights and the links between international property piracy and terrorism

Effects of mergers on intellectual property rights

Noteworthy court rulings that impact both the defense and assertion of

property rights Economic valuation of intellectual property

Practice aid such as a sample agreement designed to help organizations protect their intellectual property when working with contractors

Along with topical advice and guidance, various sources9 discuss contemporary as well as competing views on the current state and future direction of intellectual property. Opinions range from the all-for-free knowledge advocates to those who argue for market rules to dictate ownership rights. The interested reader is encouraged to explore the diversity of intellectual property readings.

Summary

The professional services firms ability to increase and protect its knowledge should be considered of paramount importance to its continued existence. In a tangible way, its clients are paying the firm for the skilled use of knowledge. As such, effort that is expended to create service lines, develop intellectual



property, and subsequently protect it is inevitable. As Sherlock Holmes points out, the skillful worker focuses on relevant knowledge, listens to others troubles, provides enlightenment, and then pockets a fee. As Einstein notes, the best firms will be sure that they have effective ways of finding the information that they need when they need it.

RESOURCES

A list of suggested work steps for new service offering creation is provided on the accompanying CD-ROM.

The US Patent and Trademark office provides a variety of on-line resources, including search capabilities at http: www.uspto.gov.

The copyright office of the Library of Congress provides information, frequently asked questions regarding registration for copyrighted works and is found at http: www.copyright.gov.

NOTES

1. Sir Arthur Conan Doyle, The Original Illustrated Strand Sherlock Homes (Great Britain: Wordsworth Editions, 1989), p. 15.

2. Gordon V. Smith and Russell L. Parr, Valuation of Intellectual Property and Intangible Assets (New York: John Wiley & Sons, 2000), p. 10.

3. Philip Kotler, Marketing Management. (Upper Saddle River: NJ: Prentice-Hall, 2000), p. 27.

4. Except where noted, material for this section has been adapted from Smith and Parr. See note 2.

5. See note 2, p. 15.

6. Deborah E. Bouchoux, Protecting Your Companys Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets (New York: AMACOM, 2001), p. 14.

7. Marguerite S. Walsh, The Ten Top Reasons Employers Lose Trade Secret Cases-And How To Prevent Them, in Intellectual Property & Technology Law Journal (New York: Aspen Law & Business, 2003), pp. 1-4.

8. Technology and Proprietary Rights Group of Weil, Gotshal & Manges LLP, ed., Intellectual Property & Technology Law Journal (New York: Aspen Law & Business, 2000).

9. Jennifer Peloso, ed., Intellectual Property (New York: H.W. Wilson, 2003).




Proposal and Reference Management

Tim Bourgeois


-Harry Beckwith, Selling the Invisible

This chapter addresses the role of proposals in the professional services firm business development cycle and how to manage the proposal development process most effectively. When viewed as a stand-alone document, the proposal is a straightforward item that can be 50 percent to 80 percent standardized across most prospects, depending on the specific nature of the services being pitched. However, when viewed as a component of a business development process, the proposal and all of the steps that lead to it and follow its submission are a complex system of interdependent actions that, when successfully applied, lead to regular and predictable new business generation. To that end, this chapter addresses:

The role of the proposal: How proposals are used in the business development process.

Presenting proposals: Many sales processes begin with an opportunity to provide an overview of your firm, which is essentially a phase one proposal.

Written proposals: The basics and nuances of developing a formal, written proposal.

Pricing and negotiating: How to price projects and negotiate effectively once the proposal has been submitted.



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