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Identifying the optimal price for a transaction involving an intellectual property (IP) asset necessarily involves a thorough, well-reasoned, and well-supported IP valuation analysis. This matchless book draws on decades of experience from the world’s most renowned IP valuation experts, patent office chief economists, finance and accounting professors, and top-tier legal professionals to provide clear guidance and immediately actionable knowledge on how to value IP assets in a multitude of scenarios. The contributors explore all major facets of IP valuation, ranging from the basics of value to technical economic methods in an approachable manner. The book examines the valuation of brands, copyright, trade secrets, patents, and other forms of IP from a multidisciplinary viewpoint with worked examples, draft contract language, case law analysis, and up-to-date theoretical considerations. Issues and topics considered in depth include the following: fair, reasonable, and non-discriminatory terms; determining reasonable royalty rates; standard essential patents; profit apportionment; discount rates; role of the IP asset manager and multi-functional teams; IP management in collaborative research and development; financial methods and economic considerations; and operationalization of IP valuation in practice. The handbook is the result of five years of dedication and hard work by the advisors and a growing network of researchers, supporters, and end-users involved in the Asia-Pacific Research and Training Network on Trade. As IP becomes ever more indispensable in so many activities and industries that cross national borders, the need to overcome the lack of shared understanding of how to approach the valuation of IP becomes more urgent. This book will facilitate consistent approaches to the valuation of IP as an indispensable component of trade, investment, and sustainable economic development. It will provide IP asset managers and transactional attorneys, both seasoned experts and newcomers, with up-to-date methods on how to value IP assets and apply them in practice.
This book examines intellectual property (IP) as an important value driver for start-ups. Businesses of all sizes are inevitably confronted with intellectual property issues at some point, but start-ups and their collaborators face unique challenges and opportunities in IP management. Identifying, generating, and exploiting intellectual property can lead to sustainable competitive advantages and avoidance of risks. Many start-ups sense the complexity of IP management and therefore place their energy elsewhere. However, the clear conclusion to be drawn from this unique collection of contributions is that putting an IP management strategy in place is critical to the successful development of a business. Prof. Dr. Martin A. Bader and Prof. Dr. Sevim Süzeroğlu-Melchiors have years of experience as consultants, entrepreneurs, business owners, and researchers where they saw firsthand the need for a comprehensive yet practical resource for start-ups and their key stakeholders. This book explores different perspectives in dealing with IP from six different angles: the start-up’s view, the investor’s view, the corporation’s view, the university’s view, the global IP office’s view, and the advisor’s view. Each section consists of chapters written by leading experts from around the globe including Silicon Valley, Canada, Israel, Switzerland, Germany, Finland, France, Australia, Brazil, India, Japan, Singapore, and South Africa. Contributors bring practical experience from a wide range of sectors, such as information and communication technology, software, artificial intelligence, machine learning, cybersecurity, industrial automation, internet of things, life sciences, pharma, crop science, biotech, medtech, mining, sustainability, climate tech, and even quantum technologies. This timely publication serves as a guidebook for entrepreneurs and other key stakeholders in the start-up ecosystem. It empowers founders to develop their own IP management strategy to mitigate risk, create and capture value, and lay the groundwork for sustainable growth. An essential reference for start-ups to achieve business excellence. “This edited book volume offers valuable insights, bringing together perspectives of key stakeholder groups from a wide variety of innovation ecosystems – an invaluable resource.” —Carsten Fink, Chief Economist, World Intellectual Property Organization, Geneva “A timely book for those wanting a clear overview of the issues the different players encounter in the start-up ecosystem. A useful resource indeed. Congratulations to the editors and team.”—Audrey Yap, Managing Partner YUSARN AUDREY LLC, Past President LESI, Chairman Singapore Innovation & Productivity Institute, Singapore “A ‘must read’ for all innovators in the start-up world. It is truly a fantastic book and one I would recommend being bought and read (in full)!”—Laurence Freeman, Professor (Adjunct), CU Denver Business School, Jake Jabs Center for Entrepreneurship, Denver, Colorado, United States/div
This guide provides a solid grounding in concepts such as IP generation, IP valuation, portfolio management and the monetisation of IP assets, as well as practical guidance on setting an IP strategy and managing the risks associated with third-party intellectual property.
Foreseeing and planning for all of the possibilities and pitfalls involved in bringing a biotechnology innovation from inception to widespread therapeutic use takes strong managerial skills and a solid grounding in biopharmaceutical research and development procedures. Unfortunately there has been a dearth of resources for this aspect of the field.
Bridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training • Written for inventors in lay terms that they can relate to or easily follow • Lays out the new features of patent law introduced by the America Invents Act of 2012 • Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist • Focuses on the growth of new technologies in industry versus the laws protecting them
"For close to twenty years I have observed Mr. Chalfin helping owners, business advisors, and students get a grip on the slippery issues of selling a business. This book is a valuable distillation of his expertise. " --Ian MacMillan, Dhirubhai Ambani Professor of Innovation and Entrepreneurship The Wharton School, University of Pennsylvania "Bob provided us with valuable outside perspective while we prepared our business for sale and during the sale process. His book is an excellent guideline for business owners thinking about selling their company." --Steve Gerlicher, Entrepreneur "Bob Chalfin's experience and intellect make this book essential reading for IT business owners. Provides thoughtful analysis and practical advice invaluable to anybody who is even considering selling their business." --Louis W. Fryman, Esq. Chairman Emeritus Fox Rothschild LLP "Bob Chalfin brings unparalleled experience to developing and executing these transactions. His insights are tempered by years of formulating these deals and then describing the methods to hundreds of students at The Wharton School." --Stephen M. Sammut Senior Fellow, Wharton Entrepreneurial Programs Managing Director, Burrill International "This book covers all the bases for someone selling an IT (or really any) business. The observations on buyer motivations are particularly insightful." --Mark Goodwin Executive Vice President and Chief Operating Officer Pioneer Investments
'Transactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important – they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is – particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse way – as academics (and some judges) can all too easily do. Far from it. This book is readable – and anyone concerned with intellectual property licensing should read it and will find it a pleasure to do so. They will also learn a lot about some of the pitfalls and bear-traps to be found around the world. At UCL we have recognised the importance of this subject. This book will be on our students' reading list.' – The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK 'IP licensing underpins the information economy. This impressive book brings together leading academic lawyers and practitioners from a range of key jurisdictions to explore a number of major current issues. The book is both thoughtful and practical and it is not afraid to call for greater harmonization of IP licensing law. It is a must have for all those involved in the field.' – Simon Stokes, Blake Lapthorn 'This Research Handbook provides a valuable mix of practical and theoretical perspectives on IP licensing and will serve as a reference resource for scholars and practitioners in this field of study.' – Francesco Parisi, University of Minnesota, US and University of Bologna, Italy 'The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing is a must have for anyone seeking to capture value from intangible assets.' – From the foreword by James E. Malackowski The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.
A comprehensive reference for valuation of intangible assets Intellectual Property, Valuation, Exploitation, and Infringement Damages provides in-depth, up-to-date guidance about the valuation of intangible assets. Covering patents, trademarks, copyrights, trade secrets, and more, this book describes the standards, best practices, and case law relating to valuation, licensing, and infringement damages. Intellectual property strategies are examined from a business economic standpoint, and analytical models are provided to streamline the calculation of valuations, licensing royalty rates, and fair equity splits in joint venture arrangements. Designed to ease the task of attaching monetary value to intangible assets, this invaluable reference includes extensive practical guidance including sample royalty rate information, diffusion sales forecasting models, detailed treatment of investment rate of return, and the valuation of early-stage technology. Intellectual property is rapidly becoming a major profit center for an increasing number of companies, who may invest billions of dollars in development of an irreplaceable asset. This book provides an authoritative reference for exploiting this property to its fullest extent, and quantifying its actual economic value. Now that intangible assets are becoming the cornerstones of corporations, applying a logical, analytical approach to valuation has become more important than ever. Intellectual Property, Valuation, Exploitation, and Infringement Damages provides expert guidance for each stage of the asset's life cycle, with recommended procedures and strategies grounded in case law and real-world practice.
Intellectual Property (IP) is often a company's single most valuable asset. And yet IP is hard to value, widely misunderstood and frequently under-exploited. IP accounts for an estimated 5trn of GDP in the US alone. It covers patents, trademarks, domain names, copyrights, designs and trade secrets. Unsurprisingly, companies zealously guard their own ideas and challenge the IP of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex, and the business, financial and legal issues around it are difficult to navigate. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP - as demonstrated in the pharmaceutical industry's battle with generic drugs. This comprehensive guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, pose the right questions to their advisers and maximize the value from this crucial intangible asset.