Commercialising Intellectual Property: Spin-offs

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“Commercialising IP” is a series of fact sheets aiming to provide an introduction to the forms of commercialisation that can be useful for a less advanced public likely to be involved in exploitation of intangible assets. The content provided therein is not intended to be exhaustive, and professional advice is strongly recommended when it comes to choosing the most suitable commercialisation practice for your organisation and dealing with the complex legal issues surrounding these deals. Yet, with these guides we aim to give you some understanding of the basic principles, which can help you save money and time.

This fact sheet focuses on spin-off, also known as “spin-out”, intended as a separate legal entity created by a parent organisation (PO) to exploit its intellectual property (IP) assets. Once the company is established, the PO will transfer or license to it the IP concerned, in order for the spin-off to commercialise it. This fact sheet identifies the key factors to create a well-conceived spin-off company with a main emphasis on the IP-related aspects that can contribute to its success. Spin-off is considered as a common practice in Universities and Research Organisations (ROs), in order for them to exploit and maximise the economic benefits of the knowledge created, as often these organisations lack the required capabilities to market their intangibles.

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