A Spoonful of Medicine with a Healthy Dose of IP Protection

iPierian is a leading biopharma- ceutical company that is on the forefront of developing therapies for disease using patient-derived induced pluripotent stem cells (iPSCs). Never heard of iPSCs before? Well, iPierian may be changing that. Have no idea how iPSCs work and what they do? Well, don't feel too badly, only a few of the medical elite truly understand the science behind the pluripotent stem cells. And after a recent round 2 of investment funding totaling $28 million, iPierian is more intent than ever of keeping their specific knowledge on the subject out of the hands (or brains) of their competitors.

Proof of their intense need for intellectual property protection is evident in their announcement today. On September 30, 2010, iPierian announced that they have appointed Wayne Montgomery, J.D., as Vice President, Legal Affairs and Intellectual Property. Wayne has spent 20 years in protecting intellectual property. And he has spent twenty years doing so in the biopharmaceutical industry. This makes him more than a so-so choice for iPierian.

Whether or not iPierian will make definitive strides in developing successful therapies for neurodegenerative diseases, including spinal muscular atrophy (SMA), amyotrophic lateral sclerosis (ALS) and Parkinson's disease is largely yet to be seen. As a society we certainly hope such scientific achievements are within the reach of these talented teams. And as these landmark therapies are developed, in order to repay investments, fund additional research, and secure future profits, intellectual property will remain of vital importance to iPierian.

Sample Test Question: Task 1-F-2

Samantha is the purchasing manager for iABC, a high-tech company on the forefront of developing cloud based software services. Intellectual property is the largest asset the company owns. Samantha works with suppliers that provide software design and development services that augment iABCs services and products. In an effort to protect the intellectual property of her organization, which of the following is the LEAST appropriate time for her to have a supplier sign a nondisclosure agreement:

A) Prior to sending out an RFP that contains proprietary information
B) Prior to allowing a visit with engineers at her company's facility
C) Prior to awarding a purchase contract
D) Prior to initiating an ESI program

Faceoff Over Facebook Trademark

When it comes to trademark infringe- ment, Facebook, is slinging stones in a wide circle as they confront a variety of potential offenders. They have successfully shot Vetbook, and catapulted Doctorbook. Their latest swing is aimed at Teachbook, and accusations are many including federal trademark dilution, trademark infringement and unfair competition.

Although Teachbook alleges that when they applied for a trademark, the U.S. Patent and Trademark Office found "no similar marks" on record, it is important to remember that trademark rights are often established through use, not solely registration.

Based on recent history, Facebook is intent on keeping the name 'book' out of a social networking site. But they've fought broader scuffles in the past. In late 2009 PlaceBook, a travel organization site, was forced to change their name, after threats from the social network giant. Per the PlaceBook blog, "We didn't believe anyone could own the word 'book' apart from 'face'...We knew of a number of websites that had similar names that were clearly not copying Facebook: Cookbook, Blackbook, eBook, RunBook ... Racebook, Casebook, Tastebook." However, PlaceBook soon conceded citing the fact that, "as a start-up we were in no position to fight."

Unlike PlaceBook's capitulation, Teachbook has vowed to fight. If you are a sucker for the underdog, or simply feel Facebook is a big internet bully, you may find yourself siding with the small educator social networking site, which this morning had only 4 active members online.

Facebook is attempting to enforce trademark rights they may or may not even have. With Teachbook it seems another David and Goliath trademark battle is ensuing, but unlike the biblical version, I'm not certain I'd place my money on the David of this match.

Sample Test Question Task 1-A-4
When preparing a contract, in order to protect intellectual property, supply managers should be alert to ALL of the following:

A) Patents, Copyrights, Trademarks, Indemnification, Royalties
B) Patents, Copyrights, Trademarks, Confidentiality, Payment Terms
C) Patents, Trademarks, Confidentiality, Insurance, Royalties
D) Patents, Copyrights, Trademarks, Licensing, Confidentiality