Features
In order to understand the potential of a particular intellectual property,both owners and investors have to have a clear picture of its worth
The patent system has proved effective at fostering developments in thetraditional pharmaceutical industry but the new area of biopharmaceuticalresearch is not being so well treated. The consequences could be devastating
The ability to securitise IP can be a valuable tool for companies looking toraise finance. For any deal to go through, however, a series of important legalissues must dealt with
There are a number of globalisation trends driving reliance on intellectualproperty. One important question for companies is how they should considerthis in their own capital structures
The University of Wisconsin earns millions of dollars a year from WARF, itstechnology licensing operation. Ownership of great patents is a prerequisitebut to maximise returns, explains WARF chief Carl Gulbrandsen, flexibility andbusiness skill are also essential
Senior management inside IP-owning companies will not deal with the detailsof cross-bor der tax planning. However , ther e are a number of r ecurring themesthat they will need to be sur e have been addr essed in any pr oposals aimed atreducing the overall gr oup tax bur den
There are a number of specific issues that need to be considered whencontemplating the securitisation of royalties from pharmaceutical-related patents
The economic pressures to resolve blocking patent positions and extractvalue from patents will continue to drive demand for patent pools as a toolto achieve faster, lower risk and less costly monetisation of IP
Although a series of recent conferences would seem to indicate that thefinancial services industry is becoming more patent-literate, worries remainthat short-termism may see many in the sector taking their eyes off the ball
Securitisation may not be the best way for a company to raise capital usingits IP. Instead, many businesses may find that the ideal option is tocollateralise the rights they own
Columns
On 5th September 2005, JusticeWilcox of the Australian Federal Courthanded down a landmark decisionfinding Kazaa, the operators of theworld’s largest file-sharing system,liable for authorising copyrightinfringements by Australian users ofthe system
Intellectual property resourcestend to be unaffected when naturaldisasters strike. But they can playan important role in gettingeconomies going again
Although a patent portfolio canpotentially be of great benefit to ahigh-tech start-up, the quality of whatthe portfolio contains will be decisive
Examination of a rival company’spatent portfolio can provide crucialinsight into industry dynamics, identifycompetitive threats and highlightmarket opportunities. Jason Resnick,of CPA, explains
With a track record of generatingmultimillion-dollar awards for hisclients, Ray Niro is not an attorneyyou want to be up against in a USpatent litigation
Insights
The recent London bombings look likelyto lead both the police and governmentto push anti-counterfeit and anti-piracyinitiatives further down the priority list.
Technology companies see potentiallyhuge financial gains from China butthey need a strong IP regime for theseto become a reality. Providing tools forthe Chinese authorities to suppressfreedom of speech may end up makingthe goal harder to achieve.
