A presentation on Intellectual Property Rights and Global trends Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Prof. Anil B. Suraj
IIM Bangalore
September 2014

2. Session Objectives
 “Intangibility” of IPRs
 IP and global competitive advantage
 Effective technology transfer

3. IPRs – General Bases
 Economic (and technological) rationale
– aids overall development
 Social benefits – enriches the Public
Domain and Basic Research
 Legal monopoly – towards fair regulation
within the territory

4. The “Intangibles”
 Goodwill, reputation and Consumer perception
 Scientific, industrial and literary acclaim
 Brand value and intuitive know-how
 Stronger assets – immediate and durable
 Traditional usage and “prominence” enjoyed
 Each form of IPR leads into the other!

5. Pressures of Enforcement
 IPRs and Global recognition
 IPRs are territorial in nature
 WTO and TRIPs
 National systems (and interests) continue to
preside
 IPRs = fiercely competitive usage;
justifies criminal remedies too –
Copyrights and TMs violations

6. Global Collaboration
 Typically of three types:
 Captive entity – wholly owned subsidiary – IP is
usually fully owned by Parent
 Joint venture – a new combined company – IP is
based on the Shareholding Agreement
○ BOT/BOOT/BOOST Model – involves transition risks
 Contracting – with a local entity – enforcement with
due diligence – e.g., Confidentiality; Parent-subsidiary
relations
 Determining factors = cost, commitment,
control, flexibility and liability models

7. Legalese of Tech Transfer
 “Technology” = wide ambit including
operational know-how
 Mutuality, Exclusivity, and Adaptability
 Mode = licensing based on contracts
 JVs; Tech assistance; Project Management;
PPPs; Public-funded research
 Defined outcomes = products and trade
 Fine balancing strategy required – between
being restrictive and allowing direct competition

8. absuraj@iimb.ernet.in