IAM Issue 14

October/November 2005

Aggressive IP strategies open up new revenue streams

Forward thinking management structures and new fangled strategies are all well and good when a company decides it should make more money from its IP. But in almost every case, theory only turns to success when a business acquires a reputation for strongly protecting and enforcing what it owns


Dawn of a new asset class (co-published editorial)

In order to understand the potential of a particular intellectual property, both owners and investors have to have a clear picture of its worth

Biopharma under threat

The patent system has proved effective at fostering developments in the traditional pharmaceutical industry but the new area of biopharmaceutical research is not being so well treated. The consequences could be devastating

Clearing the hurdles for IP securitisation in the US (co-published editorial)

The ability to securitise IP can be a valuable tool for companies looking to raise finance. For any deal to go through, however, a series of important legal issues must dealt with

The keys to raising IP-backed finance (co-published editorial)

There are a number of globalisation trends driving reliance on intellectual property. One important question for companies is how they should consider this in their own capital structures

Winning the WARF way

The University of Wisconsin earns millions of dollars a year from WARF, its technology licensing operation. Ownership of great patents is a prerequisite but to maximise returns, explains WARF chief Carl Gulbrandsen, flexibility and business skill are also essential

IP owners ignore tax issues at their peril

Senior management inside IP-owning companies will not deal with the details of cross-bor der tax planning. However , ther e are a number of r ecurring themes that they will need to be sur e have been addr essed in any pr oposals aimed at reducing the overall gr oup tax bur den

Pharmaceutical royalties:a new securitisation frontier (co-published editorial)

There are a number of specific issues that need to be considered when contemplating the securitisation of royalties from pharmaceutical-related patents

The rise and rise of patent pools

The economic pressures to resolve blocking patent positions and extract value from patents will continue to drive demand for patent pools as a tool to achieve faster, lower risk and less costly monetisation of IP

The financial sector’s patent challenge

Although a series of recent conferences would seem to indicate that the financial services industry is becoming more patent-literate, worries remain that short-termism may see many in the sector taking their eyes off the ball

IP collateralisation in perspective (co-published editorial)

Securitisation may not be the best way for a company to raise capital using its IP. Instead, many businesses may find that the ideal option is to collateralise the rights they own


Australian decision could mean the end of the Kazaa revolution

On 5th September 2005, Justice Wilcox of the Australian Federal Court handed down a landmark decision finding Kazaa, the operators of the world’s largest file-sharing system, liable for authorising copyright infringements by Australian users of the system

The disastrous upside of intellectual property

Intellectual property resources tend to be unaffected when natural disasters strike. But they can play an important role in getting economies going again

Patents for high-tech start-ups

Although a patent portfolio can potentially be of great benefit to a high-tech start-up, the quality of what the portfolio contains will be decisive

Reveal your competitive advantage (co-published editorial)

Examination of a rival company’s patent portfolio can provide crucial insight into industry dynamics, identify competitive threats and highlight market opportunities. Jason Resnick, of CPA, explains

Little guys like him

With a track record of generating multimillion-dollar awards for his clients, Ray Niro is not an attorney you want to be up against in a US patent litigation


The UK’s counterfeit conundrum

The recent London bombings look likely to lead both the police and government to push anti-counterfeit and anti-piracy initiatives further down the priority list.

Tech companies should be wary of double standards when protecting interests in China

Technology companies see potentially huge financial gains from China but they need a strong IP regime for these to become a reality. Providing tools for the Chinese authorities to suppress freedom of speech may end up making the goal harder to achieve.