Extracting Value from IP – Enforce IP at Borders to Maintain a Sustained Advantaged Business Position vis-à-vis Dishonorable Competitors

Companies doing business in foreign countries or competing with products from other countries are frequently presented with competitive situations in which their intellectual assets can be enforced at various countries borders to prevent imports of infringing/competing products. Various internationally accepted procedures provide for the protection of registered rights, the prevention of unfair trade [...]

2021-10-08T14:19:56-07:00

Extracting Value from IP – Enforce IP Domestically to Maintain a Sustained Advantaged Business Position vis-à-vis Dishonorable Competitors

A corporate decision to enforce intellectual assets requires careful consideration. The company’s business objectives must always be kept in mind. Typically intellectual asset enforcement because it is so highly specialized is more expensive than other types of business litigation. Anyone undertaking intellectual asset enforcement efforts should be qualified to conduct quality work and [...]

2021-10-08T14:20:07-07:00

Extracting Value from IP – Promoting IP to Maintain a Sustained Advantaged Business Position vis-à-vis Honorable Competitors

Most companies focus on protecting proprietary technologies that give their products and services an advantage over those of competitors. The classic cases include Xerox, which legally monopolized the copier market for nearly 20 years, earning double-digit margins and earnings growth. When Xerox was forced to license is copier patents under terms of a [...]

2021-10-08T14:20:22-07:00

Extracting Value from IP – Avoiding Business Loss Through Intellectual Property Infringement Insurance

The first step in extracting value from intellectual property is to avoid business loss by infringing another’s assets. The proliferation of the Internet and the increased importance of intellectual property in the overall economy have made intellectual property risks among the most significant for many types of businesses. Intellectual property litigation has become [...]

2021-10-08T14:20:43-07:00

Considerations When Undertaking the Fourth of Four Top Value Realization Process to Extract Value from IP – Donation

Option 4: Donation The objectives of this approach are: to realize value from immature, underutilized or non-core assets, transfer maintenance fees and other costs of ownership to donee, further improvements required to commercialize intellectual property are avoided, and obtain income tax deduction for fair market value of intellectual property which may exceed value [...]

2021-10-08T14:20:51-07:00

Considerations When Undertaking the Third of Four Top Value Realization Process to Extract Value from IP – Joint Ventures

Option 3: Joint Venture The objectives of this approach are: to leverage intellectual property owners R&D, manufacturing, marketing and financial resources to facilitate new markets, possible acquirer becomes joint venture partner, nature of revenue sharing agreements may provide significant upside potential for intellectual property owner, and contribution into joint venture may be intellectual [...]

2021-10-08T14:21:04-07:00

Considerations When Undertaking the Second of Four Top Value Realization Process to Extract Value from IP – Licensing

Option 2: Licensing The objectives of this approach are: leverage intellectual property value beyond current uses, achieve maximum value through a combination of upfront and running royalty, develop minimum annual payments, maintain right to use intellectual property, control licensee’s rights to intellectual property, and benefit from improvements made by licensee. The concerns of [...]

2021-10-08T14:21:18-07:00

Considerations When Undertaking the First of Four Top Value Realization Process to Extract Value from IP – Selling

Option 1: Selling the Intellectual Property The objectives of this approach are: to realize the value from the under-utilized intellectual property, maximize the value received, accelerate timing of receipt of revenue, transfer maintenance fees and other costs of ownership to buyer, minimize possible recourse to the seller, and possible license back to cover [...]

2021-10-08T14:21:25-07:00

Considerations When Undertaking a Value Realization Process to Extract Value from IP

Establish initial focus of value realization efforts based on internal strategy, corporate inventory and assessment of IP; utilize a process to identify assets of high potential value; use a process to identify core versus non-core intellectual property, license only to competitors or non-core applications; timing of potential value realization (time to market, maturity [...]

2021-10-08T14:21:37-07:00

The Benefits of a Successful Value Realization Process to Extract Value from IP

Shareholder value is created directly by generating cash or strategic value; all intellectual property assets are reviewed and value realization strategies are developed and implemented, ensuring efficient use of the portfolio; create short-term cash to fund the development of holistic intellectual property management system solutions, reducing the risk in the process; low-cost source [...]

2021-10-08T14:21:44-07:00
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