Duncan Bucknell


How would you react if you were forced into a commoditised positioning? Check out these car rental companies and what happens to them at airports around the world for just a taste. So how to react? From a business standpoint, if ‘Thrifty’ really means ‘we are the cheapest’ – then make your signage black and white and put up a brightly coloured sign saying ‘We will beat any price from these guys… Read More

There may be no better competitive advantage in business than to be able to offer a valuable solution for free for which a rival must receive remuneration to stay in business. The idea follows the line of the business axiom to give away the razors (a durable) for free so that people buy the razor blades (a consumable). It’s a dynamic that, for another illustration, means that there really cannot be a… Read More

Is there a difference between ‘best practice’ in theory as against the real world?  Should there be? In the many years I have taught patent strategy, I have often seen people make a mental distinction between sound strategic theory and what people can actually do in practice. I learned about this distinction as a general principle – the so called right way and real way – early in my professional career when… Read More

Sometimes the biggest mistake is the one you didn’t realise you made. IP laws that grant exclusivity do not leave value on the table for the next place finishers. Let’s look at patents first. With patents, filing too late is a serious mistake, especially in first to file countries, and could seem to leave little to expand upon in a blog posting. If you file for a patent after someone else, you… Read More

They are legal rights, so why not treat intellectual property as purely a legal issue? First, the role of most legal departments is oriented around defense and risk reduction. While defense is important, no doubt, there is a good chance that treating IP as a purely legal issue will set yourself up with an unsecure defensive position – given that the IP portfolio may not align with the business strategy – all… Read More

IP is a source of great value for our organisation – keep in touch with the IP function. Messages around IP successes can really leverage our success in the market.  You have to be very careful about what you say to the world, but when you get it right, you can sing it from the rooftops… Having said that, messages around IP enforcement successes have to be very carefully managed – we… Read More

Well sometimes it is. But what is the most important department though? Sales – because without $ coming in the door it’s all for naught? Business development – you need deal flow to keep the company going? Legal – to avoid risk (come on…) … Whatever it is – IP should be thinking hard and long about ways to support and make that department’s job easier / better / more effective. [Image… Read More

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