European IP Helpdesk

Bulletin No. 1 Licensing

19

New Fact Sheet: New Directive on Copyright and Related Rights in the Digital Single Market

On 15 April 2019, the European Council approved the Directive on Copyright and Related Rights in the Digital Single Market. This Directive intends to make EU copyright rules fit for the digital age. Unlike regulations, the Directive is not directly applicable and will require the transposition into the national legal systems of each member state.

The digital age has transformed the way in which researchers carry out their work, how we conceive business and share knowledge and information. Current copyright rules are not adapted to the growing digital landscape a fact which made it necessary to bring these rules up to speed and offer an appropriate regulatory framework that encourages creative work and innovation while striking the balance with freedom of expression and the need to promote research, education, access to information and cultural heritage.

In a brand new fact sheet set to be released in the coming days we provide you with an overview of the most important changes and legal implications, and take a look at the next steps.

Training Campaigns: “IPforBusiness” and “EUOpenForBusiness”

The European IP Helpdesk training team and the European Patent Academy are organising a European-wide IP training roadshow “IPforBusiness” together with the department of International Patent Law at the European Patent Office to respond to the high demand

Case Study: Licensing Opens up Business Opportunities

The European IP Helpdesk is currently developing a case study dealing with IP licensing. It will shed light on how a young innovative company used licensing to significantly enhance their business activities in different parts of the world.

As outlined in the introductory piece of this Bulletin, licensing can come in two ways: “in-licensing” and “out-licensing”. In our case the relevant licensing deal is an “out-licensing” one. The company has successfully developed a unique technology in the area of waste heat recovery and it is protected by various intellectual property rights. Some of these are basic patents on how the technology (which has been known for quite some years) can be used in standard applications, where big bespoke installations were needed up to now.

The company is already successful in the European market, but wants to extend its business operations into Asia. Doing business in Asia is a rather challenging task for a young European firm with no proven track record in Asia. It developed various options and finally chose a licensing deal with an existing Chinese corporation and in addition, a Joint-Venture (JV) between these two partners was formed. In this cooperation, the European company provides the innovative technology to the JV and in addition produces some critical components (produced in Europe), whereas the Chinese partner brings market access, finance capabilities and assembly power (including production of some additional components) into the cooperation.

Update from the Team

for business-oriented IP training. After sessions in Bucharest and Copenhagen the roadshow’s will also stop in Oslo (2 September 2019), Budapest (8 October 2019) and Bratislava (5 November 2019) in the second half of the year.

Moreover, the team has once more joined the EU Open for Businesscampaign organised by the European Commission in collaboration with the Enterprise Europe Network. The campaign aims to increase the use of the services and tools for SMEs, start-ups and scale-ups provided at EU level, by promoting local networks and info access points. This year, “EU Open for Business” focuses on entrepreneurs from Austria and Germany, with the European IP Helpdesk having joined info days in Berlin, Vienna, Lübeck.

The very young cooperation already had a first major business success being able to secure a contract for a large installation for waste heat recovery in an Asian country. This success was only possible due to the fact that the company had a very strong IP protection of their technology, upon which they could build this international partnership.

4 Reasons to Patent: Successful Collaboration with 4iPCouncil

The European IP Helpdesk teamed up with 4iP Council, a European not-for-profit dedicated to developing high quality academic insight and empirical evidence on topics related to intellectual property and innovation, to develop a new interactive guide to help European SMEs unlock all the value of patents.

The guide 4 Reasons to Patentrecently launched by 4iPCouncil is a practical interactive web guide that aims to help innovative European businesses draw economic and strategic value from their patents. The guide identifies four key benefits to patenting - market access, negotiating, funding and strategic value - and breaks these down simply into methods for value-creation with clickable case study links, quotes and facts.

It was developed with content input from ASTP, The European IP Helpdesk, The European Patent Office (EPO), France Brevets, GRUR, The Intellectual Property Awareness Network (IPAN), and Intellectual Property Institute of Luxembourg (IPIL). 4iP Council’s network of academics and IP practitioners also contributed.