April 04, 2008

Strategies for Challenging and Defending Patents

DO YOU HAVE a strategy for managing innovation? If you do what is your legal strategy with regard to innovation, be it your own or that of your competitor? Most organisations view innovation strategy as something confined to identifying and developing innovation. The critical part of protecting innovation, after you have developed and marketed it, is an activity which happens outside the confines of an organisation, and is inevitably outsourced. Organisations need to develop strategies for managing innovations - both their own as well as their competitors - if they are to have a comparative advantage in the market. And the essence of strategy, to quote Michael Porter, is choosing to perform activities differently than rivals do. The uniqueness of Indian patent laws gives much scope for pharmaceutical companies - big and small, branded and generic, foreign and local - to develop legal strategies with regard to innovations. My article titled "Needed, legal strategy to protect innovations" appeared in today's The Hindu Business Line and the same can be read here.

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