Commercialising Intellectual Property: Franchising

This fact sheet, as a part of the series on “Commercialising IP”, deals with franchising. According to the statistics of the European Franchise Federation, in 2009 the EU-17 Member States had more than 10,000 franchise brands, 10.8% of which represented the share of employment among small and medium sized-enterprises (SMEs). Franchising has been increasingly used by European companies and individuals as a route for exploitation of intangibles and expansion of their business to other territories and countries. This fact sheet will therefore help you understand what franchising is and particularly why it is an attractive business option, whether you are a potential Franchisor or Franchisee. Moreover, you will find in this document information on the legal environment in Europe and a checklist of the main steps to take when establishing a franchising partnership.

Comment this article on our Linkedin group

A report on creating markets from research results

Traditionally, public funded research was deemed to be focused on questions of essential scientific interest, the so-called basic research. This was intended to merely disclose new scientific and technological knowledge through publications. In the last two decades this scenario has dramatically changed and the support for the commercialisation of publicly funded research results has grown.

Organised by the European Patent Office (EPO), the Organisation for Economic Co-operation and Development (OECD) and the Technische Universität München (TUM), a conference on creating markets from research brought together last May 300 participants to discuss what more could be done to generate even higher levels of innovation and inspire the creation of more high-growth ventures in Europe.

A report summarising the main points discussed and conclusions reached at the conference was published by the European Patent Office. To read this report in full, please click here. To read a summary of this report published in the European IPR Helpdesk Bulletin by Adam Jolly, chief rapporteur of the report, please click here.

Comment this article on our Linkedin group

Commercialising Intellectual Property: Knowledge Transfer Tools

“Commercialising IP” is a series of fact sheets published by the European IPR Helpdesk aiming to provide an introduction to various forms of commercialisation which can be useful for less experienced readers who may be involved in the exploitation of intangible assets. The content provided therein is not intended to be exhaustive, and seeking 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 agreements. Hence, with these guides we aim to provide you with an understanding of the basic principles, which can help you to save time and money.

This fact sheet deals with knowledge transfer. Knowledge arising from businesses takes many forms. It can be manifested in documents and publications such as books or scientific articles published by the organisation’s employees, as well as within documents underlying intellectual property titles, including patent, utility models and design rights. Knowledge can also be embedded in objects, such as materials or machinery. In the beginning however, knowledge is the know-how of the employees and collaborators, which they have acquired through training, study or experience.

These different forms of knowledge can be exchanged with other organisations, leading to improved use of knowledge and creation of innovation. In fact, innovation is nowadays mainly based on the interactions between businesses, as well as between them and research organisations. These relationships and transfers of knowledge allow businesses to exploit their own knowledge with the purpose of improving and creating new technologies, products and services, allowing the business to grow. These knowledge transfers are generally ruled by agreements, which can be complex. This is why this fact sheet aims to provide an overview of the common types of agreements through which they are achieved. Moreover, the most important matters to consider in these agreements are highlighted, helping you to protect your intangibles.

Comment this article on our Linkedin group

Banking on IP? The role of intellectual property and intangible assets in facilitating business finance

The United Kingdom Intellectual Property Office has published a summary of a study concerning banking on Intellectual Property: Banking on IP? The role of intellectual property and intangible assets in facilitating business finance. This study aims to analyse how effectively small and medium sized-enterprises in the United Kingdom are able to use intangible assets, and particularly Intellectual Property, for financing purposes. Several recommendations are put forward at the end of the summary.

The full report is to be made available shortly and in the meantime you can read the executive summary here.

Comment this article on our Linkedin group

Commercialising Intellectual Property: Assignment Agreements

“Commercialising IP” is a series of fact sheets published by the European IPR Helpdesk aiming at providing an introduction to various forms of commercialisation which can be useful for less experienced readers who may likely be involved in the exploitation of intangible assets. Content provided therein is not intended to be exhaustive, and seeking 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 agreements. Hence, with these guides we aim to provide you with an understanding of the basic principles, which can help you saving time and money.

This fact sheet deals with the assignment of intellectual property rights. An assignment can be beneficial in many business circumstances. Examples may be when your company does not have the means to undertake commercialisation or prefers to receive a once-off lump sum payment for the innovative technology. This implies no later concerns regarding the maintenance and enforcement of the intellectual property rights. Assignments can also be very beneficial within the context of collaborative research: for example in the case of a transfer of IP ownership from one of the collaborative research partners to another organisation. Therefore, it is important to understand “what is an IP assignment” as it can be an effective route for the exploitation of your intellectual property. In this fact sheet you can also find an outline of the main provisions of an assignment agreement as well as a checklist to remind you of the most important steps when negotiating an assignment.

Comment this article on our Linkedin group

Commercialising Intellectual Property: Internal Product Development

“Commercialising IP” is a series of fact sheets aiming to provide an introduction to the forms of commercialisation that can be useful for the 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 agreements. However, 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 deals with internal product development. Whether you develop software, or are in the fashion industry, create and sell furniture or technology devices, you are developing intangible assets. Indeed, nowadays every business has websites, develops its own brands, even non-technological small businesses. Others, such as many start-ups, only have intangible assets. Developing products internally and commercialising them therefore requires the proper management of the intellectual property created by the business and possibly embedded in the product. The purpose of this fact sheet is to give you a handy checklist of the most common tasks required in the management of intellectual property during the different stages of a product’s development cycle.

Comment this article on our Linkedin group

Intellectual Property Valuation

Licensing and assignments of intellectual property rights have become common in the market, and the use of these types of asset as loan security has grown. This new reality has given rise to the growing importance of valuation of intangibles. Trading an asset requires knowing its value. Several methodologies are commonly used in the market to value these assets.

The European IPR Helpdesk has developed a new fact sheet where the different methodologies will be explained and examples of scenarios of possible use of these methodologies are given. Different tools have been created by public organisations to assist companies performing valuations. These free tools will also be presented in this document to help you save time and money.

Comment this article on our LinkedIn group

Commercialising Intellectual Property: Spin-offs

“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.

Comment this article on our LinkedIn group

Commercialising Intellectual Property: Licence Agreements

This booklet is a follow-up to the “Commercialising IP” series, providing an introduction to the forms of commercialisation that can be useful for people involved in exploitation of intangible assets.

This particular fact sheet aims to clarify when licence agreements should be used. Moreover, in this document we highlight the key provisions seen in most licensing agreements, as well as the specifics of licensing certain types of intellectual property rights.

Follow the link below to download this hands-on document.

Comment this article on our LinkedIn group