2. IP in M&A Transactions
Observations
Darren Olivier
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5. Role of IP in Innovation
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Patents
Copyright
Designs
Knowhow
Trade Marks
6. IP and the State
“PR-intensive industries contribute
26% of employment and 39% of GDP
in the EU”
“The entire U.S. economy relies on
some form of IP, because virtually
every industry either
produces or uses it.”
7. Tracking China
“In 2012, the number of civil IPR cases received by the
courts rose by 46 percent to 87,419. So far in 2013, the
growth has continued at an even faster rate...”
“..by 2015 Chinese companies will be filing 500,000
patents each year, ahead of the US with about
400,000, and Japan with 300,000.” China Daily
8. IP Based Business Models
At least 19 recognised including:
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IP Auction Houses
Royalty stream securitisation firms
Patent licensing and enforcement companies
Licensing agents
IP Backed lending firms
Analytics software firms
IP Based insurance firms
9. IP deal of the year
• $5 billion for
the handset
business
• >$2 billion
for a non
exclusive
patent license
10. Recognition of IP in RSA
•IP Policy
Traditional knowledge
Exchange control
Tax incentives
Publically funded IP
11. Recognition by businesses
• The markers Increase in litigation, filings, IP
departments, outsourcing
• Rise of middle class consumer
• Focus on Africa and technology transfer
• Dealing with empowerment through licensing
• Focus on innovation
• Collaboration
12. Reality – still far behind
• Very few inhouse IP jobs
• Dearth of legal skills (less than 200 fellows of SAIIPL)
• Lack of IP officers on company boards
• Government infrastructure not there
• Lack of basic understanding of IP
• Lack of IP management tools internally
13. But
it starts with an audit.
it creates understanding, galvanises
interest, leads to control,
enables
opportunity
