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Module-IV IP licensing document nml jamshdpur.ppt
- 1.
- 2. Licensing A discipline thatmakes it possible to transfer technology from a proprietor (the licensor) to an interested purchaser (the licensee) in a well defined and effective manner
- 3. Intellectual Property Rights IntellectualProperty Rights Patent Trade Secret Know-how Show-how Trademarks Copyright
- 4. Emerging Trends Technologydevelopment time decreasing Technology development costs increasing Growing importance of alliances Regulatory environment becoming more stringent
- 5. Global Issues Knowledgemoves quickly around the world Increase in industrial/academic Linkage Trade agreements New trading blocks Patent harmonization
- 6. Why Interest inIP Value in intangible assets IP protection adds value and increases lifetime of that value Enhance the Image of the company Communication between lab and marketplace Speeds movement of technology to products
- 7. How IP Movesto the Marketplace Idea >> concept >> reduction to practice >> prototype >> scale-up >> productization Direct application by IP owner Sale of IP to another entity who then productizes License of IP to licensee(s) Public disclosure of IP
- 8. Rights under aLicense To make To use To disclose to others by publication in a marketed product in a service manual as a sub-license to a third party to lease To sell
- 9. Types of Licenses Exclusive - there can only be one licensee; the licensor has no rights to exploit the technology/product Sole - exclusive but for the licensor; i.e., the licensor has rights to exploit the technology/product - Spin-off Non-exclusive - there is no limit to the number of potential licensees
- 10. Types of Licenses Irrevocable/Revocable for cause Territory: World-wide/Limited to named geographic regions Field of use: Market-specific Royalty-bearing/Royalty-free
- 11. Why License? Why License? TheLicensor’s reasons might include: to make money to help sell products, services, equipment to obtain technology via grantback to secure a market to settle a patent dispute cross-licensing of other, existing technology rights to future technology
- 12. Why License? toacquire marketing strength, capital and market assets or an interest in them. to reduce capital requirements for reaching a market to adapt a product to a local market to reach fields of use outside the licensor’s normal purview to avoid waste of by-product technology to profit from residual value in an old technology to fulfill local laws to avoid antitrust/anti-competition or trade regulation problems
- 13. Why License? The Licensee’sreasons might include: to obtain rights to technology to supplement the licensee’s R&D to obtain continuing access to technical help to benefit from the good reputation of the licensor by gaining ability to use its trademark to obtain quick entry without cost and technology risks to obtain access to the licensor’s facilities
- 14. Why Foreign License? Advantages/practicalityof foreign licensing over direct sales or export might include: tariff regulations taxes potential nationalization political instability capital to start foreign production foreign patent laws availability of materials and staff quick return to licensor access to/acceptance with foreign markets
- 15. Why NOT tolicense To avoid risk of establishing a future competitor To make potentially bigger profits from direct sales… at higher risk and capital cost To retain direct control over product liability exposure To retain direct control over product quality To retain direct control over know-how dissemination
- 16. Agreements - WhyThey are Needed To clarify a win-win relationship To clarify intentions To provide a written statement To state what each party can and cannot do To describe tasks, budget, deliverables, responsibilities To protect against changes in involved personnel To refer to when there are misunderstandings and disagreements