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Deliberate Product Differentiation

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Author: Joshua L. cohen, Esq.
Issue: 2012 Visions Issue 2

Put simply, companies know they can outperform rivals if they can establish a difference that they can sustain. This is the essence of intellectual property; the protection of which is essential to success in our competitive marketplace. Such product differentiation and associated intellectual property rights are best pursued deliberately and without relying on happenstance. A framework (summarized later) helps accomplish this by making product differentiation an organic byproduct of planned innovation. It helps produce products that are unique from the intellectual property perspective— they stand out in the marketplace, they benefit from strong intellectual property rights and they avoid conflicts with the rights of others.

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