Global IP Strategy & national differences
Pankaj’s post focussed on arbitrage (exploiting price differentials between markets). However, the concept applies particularly well to global intellectual property strategy – in fact, it is at the heart of every excellent IP strategy.
Here are some examples:
- Freedom to Operate- choose countries where no IP has been registered for your major supply chain points.
- Litigation – the Netherlands, Germany and the UK are particularly fast, though the UK is (relatively) expensive and a patent is more likely to be invalidated there. (See my July 2006 article ‘Value for money in global patent litigation‘)
- Transactions – some countries have more sophisticated means to value and transact IP (eg. IP Auctions, Securitizations…)
- Certain subject matter is not patentable in some countries (eg. business methods, pharmaceutical extensions…)
- Customising branding and trade mark strategy for each country.