Dec 6, 2013 - ⢠Business Opportunities. ⣠Risks ... An IP marketplace is a B2B or B2C venue where. IPRs owners and I
IPRs Marketplaces for Cultural and Creative Industries Emmanuel GILLET, Ph D Visiting Scholar, European Union Academic Programme Hong Kong BIP Asia 6 December 2013 Hong Kong Convention and Exhibition Center
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition ② Role of an Intermediary ③ Business Opportunities ④ Risks Management
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition ② Role of an Intermediary ③ Business Opportunities ④ Risks Management
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
An IP marketplace is a B2B or B2C venue where IPRs owners and IP buyers can meet each other and establish transfer agreements, license agreements or even partnership agreements
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
Players
Simplified Structure
Intermediary IP Marketplace Provider
IPRs Buyers
IPRs Owners
Contract
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
Players
Complex Structure
IPRs Valuation services IP Financiers Venture Capital Funding Crowdfunding
Insurance Companies
IPRs owners / IPRs Buyers
Licensing agents and brokers
Manufacturers Distributors
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
What is not an IP Marketplace
Pixopolitan.com / TaC “Photographers still remain owners of their intellectual property rights”
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
What is not an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
What is an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition
What is an IP Marketplace
“Once a Buyer selects their favorite work by "awarding" the project to a Creative (or to several Creatives when there are multiple awards), the Buyer and Creative(s) go through project Wrap Up and after the Buyer approves the final deliverables, we pay the Creative and the rights to that work transfer to the Buyer under a written contract.”
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition ② Role of an Intermediary ③ Business Opportunities ④ Risks Management
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
② Role of an Intermediary
From a limited role…
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
② Role of an Intermediary
… to an extensive role
IP Services ü Meeting point platform ü Valuation ü Venture Capital Funding ü Licensing / Brokerage ü Auctions ü Insurance
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition ② Role of an Intermediary ③ Business Opportunities ④ Risks Management
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
③ Business Opportunities
Transfer of the ownership
Contracts
Licensing Agreements
Partnership Agreements
Exclusive Territories
Joint Venture Non-Exclusive
t
Cross-Licensing R&D Contract Open Licensing
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
③ Business Opportunities
Elements to take into account
Quality
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
③ Business Opportunities
Elements to take into account
Exclusive v. Non-Exclusive License
Non-Exclusive Licenses
Exclusive Licenses
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
③ Business Opportunities
Elements to take into account
iStockPhotos.com
Compensation / Royalties
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
③ Business Opportunities
Elements to take into account
Dreamstime.com
Compensation / Royalties
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
① Definition ② Role of an Intermediary ③ Business Opportunities ④ Risks Management
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces
④ Risks Management
Risks
Risks
Solutions
Infringement of IPRs
Pro-active protection Copyright infringement detection tools Registration Poor man’s IPRs tools Insurance Legal-expenses insurance IP insurance policies
Methods of Dispute Resolution
Judicial v. Extrajudicial (negotiation, mediation, arbitration)
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
Thank you
[email protected]
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
