Managing intellectual property rights in innovation: the key to reaching the market

The EUIPO offers insights from its recent studies about the positive relationship between intellectual property (IP) rights and economic performance. Whether developing technology in-house or acquiring it from external sources, IP rights have a central role to play in every company’s journey to the market.

A recently published study , Intellectual property rights and firm performance in the EU, from the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO), confirms the strong, positive relationship between a company’s ownership of different types of IP rights and its economic performance. The analysis, which uses data from over 127,000 companies from all EU member states, shows that this relationship is even more pronounced for SMEs, the basis of Europe’s economy.

https://www.wipo.int/wipo_magazine/en/2021/01/article_0009.html

Practical IP considerations for SMEs on their journey to market

The ability of small and medium-sized enterprises (SMEs) to embrace intellectual property (IP) and all it represents, as they continue to evolve and innovate, will be key to the economic future of many industries and countries.

“The main way for companies to get the support they need to take their ideas to market successfully is to build a portfolio of IP rights,” says Audrey Yap, President of LESI.

In these times, we cannot talk about the economy without mentioning the impact of the Covid-19 pandemic. Many companies, and SMEs in particular, have been hit hard, especially those operating in sectors involving physical interaction and travel. In most countries, SMEs make a significant contribution to the economy. They represent 90 percent of businesses and more than 70 percent of employment worldwide. So, understanding and supporting SMEs is critical.

https://www.wipo.int/wipo_magazine/en/2021/01/article_0002.html

Review of the OPR regime in India – Report of Indian Parliamentary Committee

India, being the largest democracy in the world, aspires to safeguard public interest in the face of industrial and technological growth. It is, therefore, imperative for India to maintain a fine balance between private rights through IPRs on one hand and rights of the society as public interest on the other hand. This could only be achieved by establishing an IPR ecosystem that facilitates an environment of research and innovation that is consistent with larger public interest while ensuring a fair competition in industrial, economic, social, scientific and technological spheres.

The strengthening of IPR regime has gained further significance in light of the Government’s focus on ‘Make in India’ and ‘Atmanirbhar Bharat’ (a self-reliant India). Also, the power of innovation leveraged by IPR has been amply demonstrated during the ongoing Covid-19 pandemic, particularly in the medical and health sector, and in technological and digital areas which are required in recovering from the resultant economic slowdown.

In view of significance of a strong IPR regime, the Department Related Parliamentary Standing Committee on Commerce, in this Report, has observed and analysed the overall scenario of IPR regime in India and its contribution in promoting innovation and entrepreneurship in the country. The Report also examines the challenges in strengthening IPR regime, the related procedural and substantive constraints, legal aspects and other issues such as low awareness of IPR, counterfeiting and piracy, IP Financing, IPRs in agriculture and pharmaceutical sector, etc

https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/13/141/161_2021_7_15.pdf

Top 5 IP and Data and Technology Issues in a Digital Economy

The pandemic has accelerated the pace of digitization as business leaders look for solutions to recover lost ground and plan for the road ahead. As the world races along this digitization path, the role of intellectual property in the global economy is becoming more significant. Lawyers from Baker McKenzie’s Global IP and Data & Technology Practice discuss the top 5 IP and data & technology issues multinational corporations face in today’s ever-changing digital economy.

https://www.bakermckenzie.com/en/insight/publications/2021/07/top-5-ip-data-technology-issues-digital-economy

The world’s leading IP strategists named

The IAM Strategy 300: The World’s Leading IP Strategists identifies individuals leading the way in the development and implementation of strategies that maximise the value of IP portfolios

The 2021 edition of the IAM Strategy 300: The World’s Leading IP Strategists has now been published and is available to read online.

The IAM Strategy 300 identifies individuals who are leading the way in the development and implementation of strategies that maximise the value of IP portfolios. The guide lists people working in all kinds of entity – whether service providers, corporations, aggregators, research institutions or universities.

https://www.iam-media.com/market-developments/iam-strategy-300-2021-edition-launched

The Correlation Between IP and Startup Valuations

The role that intellectual property (IP) plays in startup valuations is a critical issue for startups and investors alike. It can guide the IP strategy of a startup, as well as impact investment decisions and valuation considerations.  This article aggregates five of the most common questions that have routinely come up during my 25 years of working as a startup advisor and IP valuation expert in Silicon Valley, particularly in the software industry.  It can be used as a playbook for startups embarking on managing their IP portfolio to grow corporate value.

https://www.ipeg.com/the-correlation-between-ip-and-startup-valuations/

Management and Valuation of Intellectual Property

This article studies the concept of Valuation of intellectual property rights and its importance in the market. This article also studies the concepts of due diligence value, Market based value, cost based value and value based on estimates of future economic benefits.

https://thecompany.ninja/management-and-valuation-of-intellectual-property/

Best practices in IP due diligence for M&A transactions and investmentsBy Yuval Marcus and Jordan Garner

Intellectual property has become an increasingly important driver of M&A transactions and investments in technology companies. IP is particularly significant in transactions involving medical, life-science and biotechnology companies, which rely heavily on patents and other proprietary information. While most target companies will tout their patents as key assets that justify the purchase price, a buyer/investor’s insight into the scope, validity and term of such assets is critical to understanding whether the target company’s patents, in fact, provide the value claimed by the target. An acquirer or investor will also benefit from an assessment of whether the target company has exposure to patent infringement claims after the transaction closes. This article explains how it is essential to conduct IP due diligence in order to gain a meaningful understanding of the IP assets and potential IP threats involved in the transaction.

To read the article click here: 

Royalties

Royalties are payments made by one company (the licensee) to another company (the licensor) in exchange for the right to use intellectual property or physical assets owned by the licensor. For example, software giant Microsoft invented the Windows operating system for personal computers as a means of managing files and performing operations. Computer manufacturers such as IBM and Compaq pay a royalty to Microsoft in exchange for being allowed to use the Windows operating system in their computers. Other common situations in which royalties are paid include the following:

1. In the fashion industry, designers such as Ralph Lauren and Calvin Klein license the right to use their names on items of clothing in exchange for royalties. For example, they may sign a contract with a company that makes jeans that allows the company to place the designer’s name on the jeans.
2. In book publishing, authors are commonly paid both a fee for their services and a royalty rate that entitles them to a percentage of their books’ profits.
3. In the music industry, royalties are paid to music copyright holders and to songwriters by radio stations and anyone else who derives a commercial benefit from the copyrighted material.
4. In the television industry, popular satellite TV services such as Direct TV and cable television services pay network stations and superstations a royalty rate so that they can broadcast those channels over their systems.
5. In the oil and gas industry, companies pay landowners a royalty rate for the right to extract natural resources, such as petroleum and natural gas, from the landowner’s property. Similar agreements exist in the mining industry for minerals such as copper and silver.

https://www.referenceforbusiness.com/small/Qu-Sm/Royalties.html

TRIPS — Trade-Related Aspects of Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive multilateral agreement on intellectual property (IP). It plays a central role in facilitating trade in knowledge and creativity, in resolving trade disputes over IP, and in assuring WTO members the latitude to achieve their domestic policy objectives. It frames the IP system in terms of innovation, technology transfer and public welfare. The Agreement is a legal recognition of the significance of links between IP and trade and the need for a balanced IP system.

https://www.wto.org/english/tratop_e/trips_e/trips_e.htm

How IP can help make your collaboration a success

Intellectual property, or IP, refers to a range of different, legally enforceable rights that arise from the new ideas you create. It can be an invention, logo, design, brand, or the application of your idea.  See What is IP and how do I use it for more information on IP.

On this page:

• Why IP management is important for a successful collaboration
• How IP can help you to find a business partner
• Potentially contentious issues

Why IP management is important for a successful collaboration

Collaborations can involve complexity in managing the interrelationships between confidentiality, use of existing IP, publication of information, commercialization and decision making around IP rights. These complexities mean that it is important to consider IP management at the outset.  Collaborations can result in the creation of new IP in inventions, documents, products, services, processes, software and other material. Consideration and management of potential IP issues can help to prevent delays and avoid disputes as the project progresses.

The IP Management Scenarios demonstrate some of the different ways that IP can be managed in a collaboration.

https://www.ipaustralia.gov.au/tools-resources/ip-toolkit/business/successful-collaboration

Portfolio Management & Optimization

Being able to determine your patent portfolio’s competitive strengths and weaknesses is key to understanding what strategies or actions will be necessary to stay ahead of the competition.

• Identify competitive strengths and weaknesses
• Increase portfolio efficiencies
• Define country filing strategies
• Manage annuity costs
• Uncover pruning potential and cost-saving opportunities

https://www.patentsight.com/portfolio-optimization

Intellectual asset management – approach paper, Canon, Japan

Approach to Intellectual Property Canon has always been an R&D-led company. Our growth as an enterprise relies on proactive R&D to support the creation of new markets and customer segments based on the development of products using proprietary technologies. This history underpins our belief that products and intellectual property (IP) are the fruits of R&D. Defining the purpose of IP activities as supporting business development, Canon’s IP Division formulates and pursues IP strategies that look 10–20 years ahead.

Intellectual Property Management Top Five Companies Acquiring U.S. Patents in 2020 Rank Company Number of patents 1 IBM 9,130 2 Samsung Electronics 6,415 3 Canon 3,225 4 Microsoft 2,905 5 Intel 2,867 * Figures based on data released on January 14, 2021 by IFI CLAIMS Patent Services, a U.S. research company specializing in patent information. Amid the growing importance of translating the needs of consumers into customer experience (CX) and the rapid digital transformation (DX) of society, we seek to turn the varied fruits of our R&D into IP assets as part of our efforts to create new value. Besides basic patents required for core nextgeneration technologies, we also target patents relating to technologies that address societal needs in areas such as AI, fintech, security, healthcare, and environmental conservation.

https://global.canon/en/csr/report/pdf/canon-sus-2021-e-23.pdf