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marketing policy measures to protect intellectual property

Dear Reader,

here now the last chapter on "Intellectual Property".

Everything protection or what?

Marketing Strategies and policies for the exploitation of intellectual property will be discussed for some time in the popular scientific literature. A closer analysis of individual contributions to the discussion, however, one can not help thinking that some of it and identified as "political marketing" approaches classified no protective measures in the sense discussed here represent relationships. Partly because it is trend-driven business models and holistic marketing strategies. Thus, for example, where advice on how to

• physical and digital distribution of economic sense combined, creates
• value added networks or refinanced
• investment in Internet activities through online advertising.

It is likely that such demarcation problems - despite more varied designs - the lack of sound economic attributed explanations for observable real special feature of trade in intellectual services can be. May therefore be subject to the term "marketing protection measures" in the literature more or less different approaches.

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to government, resource-based and technical protection mechanisms are the basic principles of reducing abuse of incentives in marketing policies differ. While the former increase the physical and technical on-wall abuse activities and / or enforce compliance with the obligation to pay, the latter set of prices, the cost of the acquisition and use and the benefit foundation of intellectual property.

protection through price variation

providers can price-setting margins, if any advantage, to adjust the prices of intellectual property to the individual willingness to pay of interested buyers. Their willingness to pay is high, prices can sometimes increase without thereby provide effective incentives to abuse. Instead, the payment readiness is low, price reductions can be necessary in the calculation, the regular buyers purchasing authorized copies to appear more attractive.
protection due to lower transaction costs and inputs

Implementation intentions of abuse is associated with different use-reducing effects. In addition to a number of other cost factors have to cost the circumvention of technological pioneers abuse prevention and the search for suitable In botsplattformen account for pirated copies and imitations. Folger abuse-for instance the cost of finding such deals. Take this into account also the risks that be

• perceived their activities and punished,
• the quality-related copies does not meet their expectations or
• appropriate offers are not accessible or permanently in a reasonably short time.

Against the background of these direct and indirect costs of damage it economically attractive for owners to simplify the acquisition and use of their intellectual resources too strong for buyers. This is what vendors such as open, the (Internet) access to fee-based information products, especially be sure to make fast and stable and / or assist with the search for signaling measures corresponding offers. Some authors speak in this context of maximizing the convenience (convenience) the utilization of market performance.

can also assist providers to exercise the right to use outspoken creative services differentiated, for example, concerning additional services or regular Pro-product extensions and enhancements, which, as we recognize this, are only authorized users are available. Assuming that the cost of abuse and the willingness of interested parties Despite these measures are influenced either positively or negatively would have in the calculus of potential abuse perpetrator behavior theoretically less attractive.

protection influence the value of the benefit

The problem of uncontrolled and uncompensated diffusion of innovative and creative works can be met by varying the value of their benefits. Provider thereby influence the willingness to pay, respectively, to the abuse of interested buyers incentives. Here, too, can understand the working principle simple. Basically it's about the benefits of results of intellectual foundation Work to be limited to authorized disposal agents or to increase for them, but to minimize damaging party.

The added value for buyers, meet in the course of the exercise of property rights of the compensation obligation, inter alia, that the characteristics of intellectual property to their respective needs, and / or goods to demand of specific products and services will be added. Under the condition that it to unauthorized third parties do not manage to siphon off these benefits, it loses the plot option abuse its appeal. In addition, highly individualized donate intellectual property outside their application focus is usually no appreciable benefit. Interested parties who are not involved in the individualization process can, through the use of those resources to meet their needs or not complete. Maybe they feel goods properties even be disadvantageous. The risk of abuse should be reduced further due to lack of generating profit or negative benefit effects.

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protection technologies for resource-based

Dear Reader,

The protection of intellectual resources using technical tools can be traced back far in history be. As one of the oldest protection techniques is the Skytale of Sparta (circa 500 BC) used for transmission of confidential military intelligence was used. For the same purpose-developed German cryptographer in World War II became known cipher machine Enigma. The objectives of such use cryptography or Steganografieverfahren have not changed much over time. Basically it's about limiting the diffusion of sensitive and valuable information, such as business secrets, to a fixed set of people. Unauthorized third parties will be the inter-pre-documentation and utilization of information per se impossible (User control).

But this is not the only area of application of protection technologies. They can also be used for disability and detection of fraudulent appropriation of intellectual achievements use (access control). Some access and access technologies that are used for authentication of authorized persons and for the identification and analysis of very fraudulent attempts will be presented later. Again, other protective mechanisms may aim to control the modification and copying of innovative and creative works (change and diffusion control). This manifests itself in others, that

• pirated copies are unusable after the reproduction operation or after a certain time,
• imitation and plagiarism are different from originals, which should simplify the claims investigation, or
• of reproductive effort is increased so that it bears no reasonable relationship to the economic benefits of counterfeiting or the opportunity cost of the permitted appropriation.

The interim conclusion is noted: the owner and creator try using of technical protection mechanisms, the exercise of property rights to prevent its results of creative work by unauthorized third parties and / or to identify such behavior. The respective measures designed in particular to make it more difficult to abuse so and to accelerate its exposure of the associated costs and risks are high and discourage injury trials. It will thus increase the willingness of interested parties relating to intellectual property of designated market players charged. At the same time consumers and competitors are limited in their ability to use permits or illegally acquired goods in harmful intention to reproduce and give weiterzu. Technical protection does these points with the A-policy objectives in line with laws. Nevertheless rights holders resulting from the misuse of their intellectual property protected technically liable for any compensation for any possible benefit loss. This requires necessarily accompany by legal arrangements.

As developments in industrial processes are subject to the protection of intellectual property are very dynamic and diverse, this section can only offer an overview of some of the most topical protection and detection technologies. To simplify their subsequent economic evaluation is given to the previously taken Systematization of the control functions used.

access control

for the control of access to creative services can use different technologies. One of the simplest and widely used solutions to protect mass-marketable results of intellectual activities include software-based queries of key information on registration numbers and passwords. Actors who have received this information, according to their input access to defined areas of intellectual resources. Another method for people qualified - is the authentication test key physical carriers such as CDs, floppy disks, dongle or memory card. Owner of this key carrier must, in order to see protected results of intellectual work, can be read before this special equipment. Is it or its registration with the identifier stored in the system match, access is enabled. The advantage over purely informative key is to lower risk of forgetting and of uncontrolled diffusion of key information. A disadvantage may prove to be the transport of key support between different access points, for example, the change of Dongeln between multiple computers. Another disadvantage is the fact that readers usually can not distinguish between duplicated or passed on key physical media. Pro-repeal these problems, was more recently begun to refer to individual characteristics of different body of people for authentication.

addition, there are no less relevant technologies, whose job it is to exclude the intrusion into computer networks for unauthorized access to intellectual resources is stored. These include so-called firewalls. These included systems compare with each network access information

• requested to Content, such as programs, records and documents
• for user identity, for example, the name of the user, and / or
• to the access point, for example, serial number of the user terminals.

Can not the information collected will be verified, protected areas of the network remain locked. As a complement or alternative to firewall solutions provide intrusion detection programs, ways to diagnose the unauthorized use of networks. These programs are specifically looking for abnormalities in the normal operation of data processing, trace their causes and effects and to determine the starting point the Normwidrigkeit.

usage control

suitable addition to access control, various authentication technologies, to monitor the use and modification of intellectual property. For example, the law on the inspection of program source code, or the copying of music CDs from the input of an identifier may be made. As appropriate technology for securing the distribution of information in unprotected or difficult to be protected channels and to control the consumption of valuable intellectual achievements is the cryptography. In this case, text, image and audio files from the transmitter prior to transmission of special mostly highly complex mathematical algorithms coded. Only selected recipients who have paid for the use or otherwise obtained an authorization to use get the algorithm and the technologies necessary for decoding. Users, which the algorithm is unknown, should theoretically not be able to interpret the encrypted intellectual resources. A sufficiently well-known example of the commercial use of cryptographic methods is the German pay-TV channel Premiere World.

change and diffusion control

A new and is in practice even less common in the literature under protection technology The term digital watermark discussed. Here is additional information that you hiding in digital media content, or fragments thereof for users not usually noticeable. For illegal acts, such as during the manufacture of pirated copies, certain features are changed the watermark. In this way, can be identified digital replicas and original intellectual property clearly attributed to a creator. With the assistance of specific testing mechanisms, it is also possible with this technology to trace the development of digital copies over several phases copy (first copy, copy the first copy) to the original, the more clues to the identity of wrongdoers to obtain. In addition, once identified piracy on networked computers will be automatically deleted or destroyed. For technical support of such an approach is offered by the use of intelligent agents. Originally designed for the infor-mation search-designed in peripheral databases that can provide these programs repurpose such that they search

• in computer networks based on modified digital watermark
• according to a strategy of escalation rights holders claims information and
• unauthorized copies unusable . Make

The following table summarizes the aforementioned technical protection mechanisms for intellectual property. It also includes examples of selected examples that are absorbed selectively in the further analysis. prevent

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Intellektuellles property protections for intellectual property protection for

Dear Reader,


to abuse, it is free market operators to waive the articulation and implementation of valuable ideas with other words, they should refrain from creating intellectual property. In this case, however, is not compensate for the more economic problems, conflicting interests between sellers and buyers of intellectual market performance. As next-offers the possibility to publish only partial results of intellectual work, or to codify selected elements of knowledge and to keep any part of the innovative and creative knowledge tazit or not to publish. If it succeeds, the misuse of disclosed intellectual resources of the appropriation of confidential or inarticulate knowledge components from-making independently and with the current knowledge carrier or its site are very strongly tied ("sticky information"), you can Abuse attempts are foiled. are considered major causes and factors for such a knowledge-bound:

• measures to limit that author and owner of the diffusion of innovative and creative works of trying, for example, legal and technical safeguards
• the decision of information owners, access to intellectual achievements to make a charge, such as through the collection of license fee,
• the missing or incomplete codifiability creative skills as well as the specificity and details of their specific articulation, For example, in complex product innovations,
• the scale and complexity of the necessary information, for instance, you must master for the exploitation of intellectual property knowledge of an entire department.

These possible determinants limit the uncontrolled diffusion of intellectual resources, as in the case of their existence, they increase the time and effort especially financial abuse. The "degree of adhesion" of knowledge is thus an important determinant of the risk of abuse of intellectual property.

The importance of complementary resources tizipieren

market players who intend to illegally in foreign results of intellectual work to par, must have a rule on a number of complementary resources. use

To the question in-intellectually property for its purposes, may be causing the damage, for example, invest some in a highly context-specific skills, information and technology. Abuse aimed at the production and sale of principles Raubko, plagiarism and imitation need pirates and innovation followers sufficient manufacturing, distribution and marketing capabilities and access to markets.

The acquisition, development and / or development of these resources are often associated with time-and cost-intensive measures, such as learning or adjustment of the technical infrastructure. Tortfeasor must therefore be forced to hold over a longer period significant human capacity and use as needed. You also need to secure funding to make light of the implementation measures of abuse. Should it be denied tortfeasors to build complementary resources in a cost-effective manner, they lose to illegal practices as a treatment option more attractive. Of these Relationships can benefit abuse Threatened market players in many ways. The abuse prevention for the most important issues related to confidentiality of complementary skills and a protection of sensitive information and technologies are introduced in the following example. can

confidentiality of complementary skills

The reproduction, counterfeiting and intellectual property and share Change sometimes requires extensive tazites knowledge, share the one about socialization, but only in part by explication converted into codified knowledge. For example, the craftsmanship of to dominate sculpture or the engineering intricacies of product innovations in the high technology sector, must be traversed before an intensive training by qualified technical experts. It is therefore important to identify actors with market abuse and intentions to exclude from participation in the training and instruction. Can be avoided beyond direct personal contacts between knowledge institutions and tortfeasors, the latter are not in a position by merely observing and imitating abuse tazites relevant knowledge to take over. A similar effect is achieved the deliberate concealment or recoding of already codified knowledge, such as on the combination with specific technical terms whose meaning remains largely closed to outsiders.

protection complementary information

for the identification, recording and use of external knowledge is often required for complementary information and experience. The pattern emerging from this knowledge base, learning ability is referred to as absorptive capacity. Manages to authors and owners of innovative and creative works, potential tortfeasors the possibilities to develop absorptive capacities restrict undesirable behavior is difficult, hindered or even averted. Focus this should be on protection of information as soon as they are available to the public, can contribute to more economical realization of abuse. Such factors include knowledge of legal gray areas of the uncompensated appropriation of intellectual achievements or fee information on vulnerabilities of technical protection mechanisms.
fuse complementary technologies

The production and exploitation of intellectual property are bound according to its specific context of expression in certain technical conditions. A substantial part of those conditions must also meet actors who intend to results creative work to appropriate permission to use and the substitution of the making of copies or imitations. For example, to reconstruct complex medical devices, it needs tools on highly specific, expensive machinery and precision. If interested denied access to complementary technologies, they are unable to implement their intentions abuse. Such a situation can bring about in several ways. Thus, owners try to deprive potential tortfeasors complementary technologies, such as by entering into exclusive contracts with technology suppliers. Or strategically important technologies themselves are developed, with which the innovating firm retains the ability to control the publication of development results. Also there is the possibility of exploiting the technical potential to link to specific expertise. As an example of such an approach we think of CNC machine-NEN, are controlled for their control a complex programming language needs.

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State Intellectual Property

Dear Reader,

private market actors may, in particular in two different ways of benefit-governmental safeguards for intellectual property.

1. , they have the possibility for damage that causes the abuse of innovative and creative works to obtain compensation payments from state-imposed penalty fees. In the penalty fees apply economic theory, called User Charges or User Fees, as an important instrument for the maintenance and regulation of markets in which no rival (public) goods to be traded. This is known to include various forms of intellectual work products.
2. can draw one for the defense of valuable intellectual resources of the regulations on industrial property.

penalty fees

In the case of intellectual property of the State is pursuing different goals with positive charges. First and foremost, they act as a price to compensate replacement (allocation mechanism) for creative services to market imperfections. The survey of compulsory fees but might also help to remove eco-nomic distortions caused by abuse or potentially caused. The State or legally authorized institutions to attract players of sanctionable monetary compensation (fees) for expert users free of charge from the Possession, use, duplication and distribution of intellectual property. penalty charges are also brought into use when triggering the implementation of other protection measures, for example, through higher costs of control, negative effects would allocation. These conditions apply in particular to the protection of intellectual digitized goods. In Germany, in the media for several years hard charges to so-called collecting societies to lead. These include well-known examples such as

• as required by the fee collection center (GEZ) fee for the reception public service radio programs,
• Broadcasting, reproduction and distribution fees for copyrighted songs that are payable to the Society for Musical Performing and Mechanical Reproduction Rights (GEMA), and
• by the collecting society-word (VG-word) levied on the sales-of photocopiers and per copied page.

Intellectual legal

tried The State laws as rules defining and conditioning their release, to position the purchase and use of intellectual property. In contrast to the compulsory fee is the abuse of intellectual property, where he identified and fixed-tortfeasors may be charged, prosecuted and not against development institutions, the standard compensation payments tolerated or is released. For market actors should be increased so that the safety of the potential consequences of their actions.

pursued in this context, the State intends to simplify the search for suitable contractors and shorten negotiations for the design of supply contracts, that is, transaction costs allocation of processes to ring-VER-ren. With the penalty effect of laws can also treat any possible allocation distortions. Similar to the protective mechanism of forced fees must wrongdoer internalize negative external effects of the abuse and pay for skimmed positive externalities for the GE-called compensation, for example, by payment of damages. Thus, it is the state in principle possible to stop unwanted behaviors in whole or in part, to force the desired behavior of legal goods and factory use or encourage.

The statutory Ex-assurance, the use of intellectual property and exempt or prohibit the enforcement of compensation in case of violation of these rights, also can author and owner of higher returns, sometimes realize monopoly rents. This gives you incentives for future innovation projects and for the commercialization of already developed innovative and creative ideas.

In the following table the consideration of the various legal protections for intellectual property in a comparative presentation are summarized.

In the next blog: resource-based Protection mechanisms

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