Who are we?
New Zealand’s largest technology and intellectual property
Advisory: Advise how to commercialise technology. Client
range: innovators to investors to Fortune 100 companies.
Transactions: Broker the sale and purchase of intellectual
property assets. Deal range: 000,000 to 00,000,000.
Technology: Invest in and commercialise IP-rich technology.
Technology range: all technologies - packaging to medical
devices to software.
We help our clients make money from ideas.
Prof. Henry Bolanos (CT, USA)
Yale University, NPD & Innovation
Invented key hole surgery, 110+ patents, ex VP
R&D US Surgical Corp, Johnson & Johnson
Paul Adams (Auckland)
CEO & Founder
Founded 1 of Top 10 incubators in world. IP Manager,
BNT [NYSE: BC]. IAM300 Strategist.
Paul Davies (Auckland)
Director - IP
Patent attorney; ex-Head of Patents for Deacons -
largest law firm in Hong Kong.
Steve Steger (IL, USA)
Managing Partner, GIPLG
US patent attorney, brokered sale of Nortel’s patents
for US$4.5 billion. IAM300.
Garry Reynolds (Auckland)
Director - Commercialisation
30 years technology company experience incl. CEO,
Minimum two degrees;
highly experienced in law,
technology & business.
Dr. Chris Donegan (London)
Director - Transactions
Accenture, UBS, Euram Bank (AG) . PhD neuro-
biology. 3x IAM 300 Strategist.
Francis Rushford (CA, USA)
Director - Licensing
Executive VP, ICAP Capital Markets, Partner
Christie Parker & Hale, Lucent, 6 x IAM300
Shirley Schaefer (Beijing)
Director - Brand
Brand Master, Represents over 40 luxury brands
in China. Professor, Beijing University.
1. Commercialising IP
Defining: “IP Commercialisation”
What is IP Commercialisation?
Turning IP into economic or strategic value
The most common form is making or selling
product that includes some form of IP in the
Product or Brand
Manufacture & Distribution
Risk + Resource + Time
Total vertical integration
Outsource most processes
Strong vs Weak IP
Product failure Product success
Defining: “IP Commercialisation”
In terms of relative effort required and value contributed:
2. What IP do I have?
You can only value and use what you
How do I convert Intangible Assets into IP?
An intangible asset becomes a piece of “intellectual property”
when it is converted into one of the recognised classes of
integrated circuit layouts
IP Classes in terms of volume & value
Trade Secret /
Plant Variety Rights
IP Protection =
IP Asset Value
“It is estimated that by 2007, as much as 90% of the value of
the world’s top 2000 enterprises will consist of intellectual
Building and Enforcing Intellectual Property Value,
An International Guide for the Boardroom 2003
Over the last ten years business growth from
intellectual property investment has been bigger
than that of business investment in their fixed
'The Role of Intellectual Property Rights in the UK Market Sector‘
If I identify it, do I own it?
IP Ownership on creation can vary with each
type of IP
Agreements likely to dominate all
Read all contracts for supply, especially of services!
Do not assume your collaborator will recognise your
When in doubt ASK!
3. The importance of assessment
Do your Research
Most IP never commercialised
2004 study by Siemens estimated 90+% of all
EPO patents never commercialised.
2002 P&G identified that 92% of its patents had
“no business value of any kind to P&G”.
Not all IP is of equal value
I have identified I have some IP, but what is it
Does the IP relate to a competitive advantage in
Does it adequately protect that advantage?
What is that advantage worth to my business?
It all starts with assessment!
What do you learn from Assessment?
Freedom to Operate – identifies the restrictions
on your ability to enter markets
Protection Scope – determine the scope of your
IP by comparison with other IP, publications or
What will my competitors do?
Workarounds – Given the scope, what can
competitors legitimately do to compete? Does
this still leave you with a competitive
Consider not only what is the same in
form but also in result
I have some valuable IP!
Your reward is a lot more hard work.
With identification and good assessment, you
can then protect with confidence.
Despite the hard work of exploitation, your
chances of success have increased
4. Case Studies
There is always hope
Case Study: 500M units in 3 years.
Innovator approached EEIP with idea:
cup can eat from without a spoon.
EEIP assessed idea > funded 18 months
R&D: development technology to
reduce plastic content by 35%.
Developed commercialisation strategy
then executed plan: ‘07 licensed to
industry leader in NZ, ‘09 to largest
dairy player in world. Additional licenses
added every six months.
RESULT: shipped 500M+ units. Royalty
on every unit, revenue in 000,000’s.
CASE STUDY >> SMALL ENTERPRISE
Vineyard owner approached EE with innovative
Assessed IP position, redirected R&D to
improve IP then built strong Commercialisation
NZ trials major success, identified & negotiated
with 5 largest agricultural machinery players in
RESULT: licensed to major EU agri-machine
manufacturer at > 10% royalty per machine.
Won two major EU agri prizes. Retained NZ &
AU manufacturing rights, moving into non-
Case Study: Failure to success
>> Stalled Start Up
Early 2000s NZ software developed game
changing technology, filed a patent.
Attempted to commercialise technology
for three years from NZ but failed.
Approached EE in early 2011 with patent.
EE evaluated patent and determined
highly valuable. Worked to broker the sale
of the patent.
Sold patent to Fortune 200 Silicon Valley
company for US$14,000,000. Highest
price ever paid for US patent in history.
Returned $45 for every $1 invested to
NZ start up