Every company has a ton of ideas, potential intellectual assets, waiting to be found. Excavating/Mining all of them is not very easy because they are often lurking in the haystack of information, materials and minds. The task requires special research skills, knowledge of business processes, unique people skills, extensive document review, and keen/informed minds. The quantity and quality of ideas that can be mined always depends on the skills and abilities of the miner/auditor.
The Process
The process of finding…
Discovering ideas in a company is an important, but a very difficult task to accomplish. Three basic factors, among others, make the process of discovery very complex and arduous.
They are:
Internal biases;
External environment; and
knowledge and process issues.
R & D and engineering divisions of many companies in India have an inherent bias against IP protection, and often take up IP activities only due to pressure from the senior management, and not because they believe…
Licensing of creative content like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. This post is in continuation of our previous post about the structure of a Digital Licensing Agreement. In addition to the definitions, grant of license and the consideration clauses in a standard license agreement, the parties must ensure that the following clauses are also included in the Digital License Agreement:
Representations and Warranties : It is essential to…
You have cultivated an IP portfolio for your start up with trademarks, copyrights, patents, know-how, trade secret and designs, what now? These assets of your organization can be retained through their life and can be used tactically to keep competitors at bay. However, there are instances where your IP rights could be shared with others in return for compensation. This is referred known as IP licensing, where if you do an outright sale of the IP asset it is considered…
The Fair Trade Commission (FTC), South Korea's antitrust authority, conditionally approved Microsoft’s acquisition of Nokia’s handset business earlier this month. The conditions attached to the merger state that Microsoft will put a ceiling on the royalties paid by major Korean handset manufacturers like Samsung and LG for Nokia patents. The agreement between Microsoft and Nokia will allow Microsoft to directly manufacture handsets and tablets based on its broad patent portfolio.
Microsoft had submitted its request for the acquisition of Nokia’s…
Chinese security software developer, Kingsoft, together in the partnership with the mobile phone maker, Xiaomi, Beijing Zhigu Technology Consulting Services (an entity controlled by Xiaomi’s founder Lei Jun) and a few others, has launched a USD 35 Mn fund to support Intellectual Property related investments. Kingsoft announced that the investment vehicle managed by Beijing Zhigu Technology Consulting Services will have a 10-year term, without disclosing other specific details.
It is widely speculated that the fund has been formed as an…
The IEEE (Institute of Electrical and Electronics Engineers) Standards Association (IEEE-SA) has proposed a change to it’s IP (Intellectual Property) policy. The revised policy can be viewed here. The new policy comprises revisions to the provisions related to commitments from holders of Standards Essential Patents. The revised policy states that the patent holders have to make licenses for Standards Essential Patents available to other parties under Reasonable and Non-Discriminatory (RAND) terms.
The biggest change with respect to the updated policy…
One might ask, how do 127-year-old immortal characters of Sherlock Holmes & Dr. Watson achieve emancipation? The answer is simple: Sherlock’s free for all now, as a direct result of Leslie Klinger v. Conan Doyle Estate Ltd[i]. The 7th Circuit Court of Appeals, US, vide Order dated June 16, 2014, clarified that the characters of the Sherlockean World, creations of Sir Arthur Conan Doyle, are in the public domain now, as their copyright expired as early as 1997. With the…
This presentation, delivered by Dr. Kalyan Kankanala at IIM, Bangalore, gives an overview of intellectual property and licensing. Starting with an introduction to Intellectual Property and its species, Dr. Kalyan introduces some licensing concepts. Through recent cases and examples, Dr. Kalyan provides a basic understanding of the nature of licensing transactions and types of licenses.Continue Reading Intellectual Property and Licensing – Presentation by Dr. Kalyan at IIM, Bangalore
The presentation on IP Licensing by Dr. Kalyan Kankanala at IIMB
The presentation on IP Licensing by Dr. Kalyan Kankanala at IIMB, gives an insight into the basics of licensing intellectual property. Beginning with a short introduction to the rights granted by IP, the presentation moves to some types of licenses based on the nature of transaction, field, type etc.
Kalyan then delves into the process of licensing and various steps involved in it, by taking patent licensing as an example.…