The document discusses the concept of intellectual property rights (IPRs) and their implications for global competitive advantage, technology transfer, and economic development. It emphasizes the importance of intangible assets like goodwill and brand value while outlining the legal and enforcement challenges associated with IPRs. Additionally, it explores various models for global collaboration, including joint ventures and licensing agreements, highlighting the need for a strategic balance in technology transfer.

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