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IPR Licensing

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					       IPR Licensing &
Organisational Strategy
      A Presentation at the
       CSIR- IPMD Seminar
         January 18, 2003
                         by

         Sandeep K. Rathod
       (LL.B., Patent Agent)

      IPR Cell - Legal Dept,
 Cadila Healthcare Limited.
       (C) 2003 Sandeep K. Rathod   1
Intellectual Property &
Types
The property or product of one’s
mind or intellect that can be traded/
protected/ enforced using legal
means.

Patents
Trademarks
Copyrights
Content/ multimedia/Undisclosed
information
            (C) 2003 Sandeep K. Rathod   2
IPR Licensing and the Organisation

  Emergence of IPR as the new
  currency.

  93% of the value for Time-Warner is
  on account its intangibles.
  &
  the figure is 89% for GE.



             (C) 2003 Sandeep K. Rathod   3
Change in the IP outlook
•Aggressive IPR licensing.
(Eg. IBM)

•IP as assets, not just as defenses.
(Eg. Texas Instruments, Alcatel)

•IP to add to revenue generation and
 share holder value maximisation.
(Eg. Walt Disney)
             (C) 2003 Sandeep K. Rathod   4
Licensing Revenue Figures
• IBM collects +1bnUSD.

• Lucas Films has collected +500mn
  USD

• In-licensed products account for
  54% of J&J’s pharmaceutical
  revenue.


            (C) 2003 Sandeep K. Rathod   5
Reasons to Give IP License
 • Direct Revenue Generation
 • Lateral Revenue Generation
 • Increased Organisational Efficiency
 • Product Risk Reduction
 • Reduced Litigation Risk
 • Market Control & Increased Market
   Penetration
 • Technology Barter
 • Goodwill / Reputation
             (C) 2003 Sandeep K. Rathod   6
Reasons to Take IP License
  • Access to Technology

  • To Avoid Litigation Risk

  • To Leverage Complementary assets

  • To Enhance Product Lines

  • As Competitive Hedging
              (C) 2003 Sandeep K. Rathod   7
Licensing Disadvantages
• Loss of Control

• Loss of Incentive for Expansion

• Loss of New Business Opportunities

• Loss of Public Recognition

• Dependence on Others for Revenue
  / Products

• Piracy Risk
            (C) 2003 Sandeep K. Rathod   8
Alternatives to Licensing
 • Direct investment

 • Sell a Turnkey package

 • Full Fledged Joint Venture

 • Sell on your own

            (C) 2003 Sandeep K. Rathod   9
        The Future
• More Indian companies shall
  opt in for Licensing;

• We shall see more complex
  Licensing Transactions.

• Requirement of Professionals
  who understand Licensing
          (C) 2003 Sandeep K. Rathod   10
        Conclusion
• IPR Licensing today has become a
  fact of modern business
• More Companies today are open to
  license their IPR
• Licensing has significant
  advantages from an Organisational
  view-point
• The Disadvantages that are
  associated with IPR licensing can be
  effectively manages, though NOT
              avoided
  completely(C) 2003 Sandeep K. Rathod 11

				
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