Exploiting your IP

Exploiting your IP

All successful businesses generate and use a wealth of brands, product names, designs, technical know-how, data and databases, website content and goodwill – intellectual property. Even the most profitable businesses are often sitting on a goldmine of underexploited IP that can be put to work for the business to generate income or to add strategic value. We can work with you to develop an intelligent IP strategy and to maximise the value to your business of your IP. If you desire exclusivity then we can help you to protect your market position. If you wish to commercialise your rights then we can help you to maximise the return on sale or licensing of your IP. Once you have the right IP protection, the opportunities for generating revenue can be more than you realise.

Example:

D was a small company spun out from a university pharmacy department, whose business depended upon a class of chemicals covered by its own patents. Due to poor earlier advice from another advisor, D had granted an exclusive worldwide licence for the oil industry (the most exploitable field) to a company that was slow to develop the technology and was not yet paying any royalties. We advised that that licence could be terminated since its terms were not compliant with the technology transfer block exemption, and therefore unenforceable. This would leave D free to license its IP separately to different parties over a large number of fields of use, which we identified. D was able to terminate its unsatisfactory licence at little cost, find new licensees who were immediately interested in funding collaborative R&D programmes in the fields we identified. With income streaming in, D’s resources were freed up to pursue developments in pharmaceuticals and other fields.

See Case Study

Example:

Although our client was one of the leading drug delivery companies in the world, with newly developed ground-breaking technology for needleless injection, it had rarely, if ever, licensed out its technology. It appreciated that by licensing its technology to drug companies who would pre-fill the devices with their drugs, our client’s royalties could be substantially greater than the revenues that it could otherwise generate on sales. By finding mechanisms of defining different and non-overlapping therapeutic applications, we were able to ensure that exclusivity could be given to different drug companies, across a wide range of different therapeutic applications. A standard IP licence precedent was produced, which gave effect to our strategy. At our suggestion, this was reviewed positively on an informal basis by the EC Commission. Our client was then able to move from being a product supply company to an IP licensing company for this technology.

See Case Study