Archive for the ‘Economics’ Category

PETA infringing film maker’s intellectual property rights

Friday, November 12th, 2010

Victor Schonfeld has threatened to sue animal rights group PETA over the copyright infringement his copyrights in the film ‘The Animals Film’.

The film maker’s UK legal team has reportedly sent a letter to PETA informing them of his intention to sue them for the equivalent of US$760,000.  The dispute arises from the claim that the animal rights group used footage from ‘The Animals Film’ in various internet videos without Schonfeld’s permission or a licence.  Of interest is that the damages claimed are derived from a reasonable royalty calculation representing the hypothetical royalty fee the parties would have agreed upon on the eve of the infringement (see our explanation in terms of US copyright law), had they sought a legal way of using the film.

Read the full article at: Solicitors UK Blog.

The Current State of the Patent Marketplace

Friday, September 3rd, 2010

IP attorney Raymond Millien recently gave an interesting presentation on the current state of the “Patent Marketplace.”   It is a fact-based analysis of the many indicators that, in his words:

“…IP is still a highly-illiquid asset class with a very inefficient marketplace.  That is, potential sellers of IP rights historically have been unable to access a large quantity of buyers who are willing to pay a predictable price under an agreed-upon set of conditions.  Furthermore, IP transactions are characterized by difficult acquirer identification, long periods of negotiations and endless due diligence activities.  Such transactions are also hampered by the lack of widely-accepted valuation models and independent valuation organizations.”

These observations further support the notion that in order to monetize Intellectual Property, particularly patents, IP owners should approach the project with a keen eye towards the objectivity, credibility and validity of the valuations, and looking to partner with seasoned advisors to market, negotiate, and help bring the dispositions to a mutually satisfactory closing.  This is certainly the approach we take at IPmetrics when tasked with converting patents into money.

Highlights of Millien’s presentation can be found at: The Current State of the Patent Marketplace.