Presented at: the BIP Asia Forum 2014, Hong Kong, jointly organized by the HKSAR Government, Hong Kong Trade Development Council and Hong Kong Design Centre Hong Kong — Hong Kong, 6 December 2013. Abstract: An intellectual property marketplace is a B2B or B2C venue where IPRs owners and IPRs buyers can meet each other and establish transfer agreements, license agreements or even partnership agreements. A large number of IP marketplaces have emerged in the 2010’s. These new players invite us to analyze their various business models and their role as intermediaries. In this context, actors of the creative and culture industries need to have a better knowledge of their intellectual property rights, which is essential to understand the business opportunities but also to manage the risks associated with online activities. License CC BY-NC-ND 4.0 | 2013

1. IPRs Marketplaces for
Cultural and Creative
Industries
Emmanuel GILLET, Ph D
Visiting Scholar, European Union Academic
Programme Hong Kong
BIP Asia
6 December 2013
Hong Kong Convention and Exhibition
Center
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

2. ① Definition
② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

3. ① Definition
② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

4. An IP marketplace is a B2B or B2C venue where
IPRs owners and IP buyers can meet each other and
establish transfer agreements, license agreements
or even partnership agreements
IPRs Marketplaces ① Definition
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

5. Intermediary
IP Marketplace
Provider
IPRs OwnersIPRs Buyers
IPRs Marketplaces ① Definition Players Simplified Structure
Contract
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

6. IPRs Marketplaces ① Definition Players Complex Structure
IPRs Valuation services
IP Financiers
Venture Capital Funding
Crowdfunding
Insurance Companies
Licensing agents and brokers
Manufacturers
Distributors
IPRs owners
/
IPRs Buyers
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

7. Pixopolitan.com / TaC
“Photographers still remain owners
of their intellectual property rights”
IPRs Marketplaces ① Definition What is not an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

8. IPRs Marketplaces ① Definition What is not an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

9. IPRs Marketplaces ① Definition What is an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

10. IPRs Marketplaces ① Definition What is an IP Marketplace
“Once a Buyer selects
their favorite work by
"awarding" the project to
a Creative (or to several
Creatives when there are
multiple awards), the
Buyer and Creative(s) go
through project Wrap Up
and after the Buyer
a p p r o v e s t h e f i n a l
deliverables, we pay the
Creative and the rights to
that work transfer to the
Buyer under a written
contract.”
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

11. ① Definition
② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

12. IPRs Marketplaces ② Role of an Intermediary From a limited role…
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

13. IPRs Marketplaces ② Role of an Intermediary … to an extensive role
IP Services
ü Meeting point platform
ü Valuation
ü Venture Capital Funding
ü Licensing / Brokerage
ü Auctions
ü Insurance
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

14. ① Definition
② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

15. IPRs Marketplaces ③ Business Opportunities Contracts
Transfer of the
ownership
Territories
t
Licensing Agreements
Exclusive
Non-Exclusive
Cross-Licensing
Open Licensing
Partnership Agreements
Joint Venture
R&D Contract
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

16. IPRs Marketplaces ③ Business Opportunities Elements to take into account
Quality
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

17. IPRs Marketplaces ③ Business Opportunities Elements to take into account
Exclusive v. Non-Exclusive License
Non-Exclusive Licenses
Exclusive Licenses
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

18. IPRs Marketplaces ③ Business Opportunities Elements to take into account
Compensation / Royalties
iStockPhotos.com
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

19. IPRs Marketplaces ③ Business Opportunities Elements to take into account
Compensation / Royalties
Dreamstime.com
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

20. ① Definition
② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

21. IPRs Marketplaces ④ Risks Management Risks
Risks Solutions
Infringement of IPRs Pro-active protection
Copyright infringement detection tools
Registration
Poor man’s IPRs tools
Insurance
Legal-expenses insurance
IP insurance policies
Methods of Dispute Resolution Judicial
v.
Extrajudicial
(negotiation, mediation, arbitration)
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET

22. Thank you
mail@egillet.com
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET