A Question Of Evolution
By William Bird At the LES conference “Commercial side of IP,” in Warsaw Poland on 18 November, 2015, a participant and speaker (see acknowledgements) raised a question as to the future evolution of global IP and the role of licensing and cross-licensing in it. The opinion was expressed that IP should be free to evolve […]
Is It All In Our Nature?
By E. Kate Berezutskaya When reviewing or negotiating a patent license to a nature-based product, it may be important to consider whether a claim directed to the nature-based product is patent-eligible. Both licensors and licensees may benefit from considering recent developments in U.S. patent law prior to renewing their license agreements or prior to entering […]
Problems That Might Arise In Connection With The Transfer Of Intellectual Property Rights—From A Hungarian Perspective
By Michael Lantos The present paper raises questions rather than provide solutions to the problems raised that concern disputes arising in connection with international assignments of intellectual property rights including patents, trademarks and associated technology.
3D Printing And Public Policy
By John F. Hornick Although legal principles apply to 3D printing the same as they apply to any other technology, 3D printing has the unique potential to upset the legal status quo. It is the potential scale of 3D printing that may have profound effects on the law. 3D printing cuts across many areas of […]
Measuring Marketing: Using Content Analysis To Evaluate Relative Value In Valuation And Reasonable Royalty Analysis
By DeForest McDuff and Daryl Fairweather In valuation and reasonable royalty analysis, economic experts often seek to measure the contribution of a technology to a particular product sold in the marketplace. In recent years, courts have instructed experts to apportion royalties and economic damages to the value contributed by a patented feature relative to non-patented […]
Licencing Of Patent Applications— Pre-Grant Royalty Earning
By Madelein Kleyn Research and development is costly. International patent portfolios even more so. The business strategy of most corporations, when filing a patent application, is to seek some return on R&D investment, mostly through self-exploitation of the products of R&D, or through royalty earnings from intellectual Property (IP).
Recent Developments In Patenting And Licensing In Latin America: Brazil, Chile And Peru
By Cândida Ribeiro Caffé, Mariana Abenza, Felipe Claro and Renzo Scavia The protection of intellectual property is becoming an increasingly important issue in Latin American countries. Since the adoption of the TRIPs Agreement, governments are improving their IPRs law and developing a new awareness for patenting and licensing.
Splitting The Atom: Economic Methodologies For Profit Sharing In Reasonable Royalty Analysis
By DeForest McDuff In recent years, courts have excluded economic experts for improperly using “rules of thumb” for profit sharing in reasonable royalty analyses. Common examples are the 25% Rule and improper application of the Nash Bargaining Solution (sometimes cynically, yet inappropriately, referred to as the “50% rule of thumb”). Such rules have, in the […]
COP 21: Historic Climate Change Agreement And Its Impact On Access And Transfer Of Green Technologies
By Fabrice Mattei It didn’t seem achievable until the early morning of December 12, 2015, after 12 days and nights of intense negotiations, 150 heads of state visits, over 40,000 attendees, not less than 14 opposing negotiating camps2 and unprecedented private business involvement, all 196 countries member of the United Nations Framework Convention on Climate […]
Defining Fairness: Promoting Standards Development By Balancing The Interests Of Patent Owners And Implementers
By Matteo Sabattini Innovation and technology are fundamental drivers of the world economy. Mobile technologies, in particular, generated a global revenue of around $3.3 trillion in 2014, with more than 11 million jobs worldwide being related to mobile technology, and it is estimated that at least two-thirds of the mobile industry is based on innovation. […]
