An intellectual property infringement is the infringement or violation of an intellectual property right. After working hard to develop your intellectual property ip, you will want to protect it from others benefiting from it without your permission. The same assumption is made for the purposes of this paper. Parr, an expert in the valuationintellectual property field.
According to section 284, the patent owner is entitled to receive, at a minimum, a reasonable royalty as payment for the infringement. Cites established methods of calculating damages for patents, trademarks. Intellectual property infringement, misappropriation, and. Trade secret valuation and infringement damages craig a. In a dispute involving the infringement of an invention patent between shandong joyoung joyoung and shanghai shuaijia, case no of the second instance. Trademark infringement, damages, compensatory damages, punitive damages. Valuation, exploitation and infringement damages valuation of intellectual property and intangible assets cumulative supplement supplement by russell l.
Representative projects on numerous occasions, valued businesses whose primary channel of distribution is the internet examples of such business include. This publication and many more are also available for download with a subscription to the digital library or bvresearch pro. Buy intellectual property cumulative supplement 2010. A licensee should also ensure that the language protects against all types of damages that occur due to claims of infringement. Designed to simplify the process of attaching a dollar amount to intangible assets, intellectual property valuation, exploitation and infringement damages 2010 cumulative supplement provides practical tools for evaluating the investment aspects of licensing and joint venture decisions. Yet little has been said about the damages and remedies that are availableuntil now. Emergence of intellectual property exploitation strategies. It discusses the legal, tax, and accounting practices and procedures related to such arrangements and. Nera is frequently retained to assess damages in trademark infringement matters. Damages should include not just the damages awarded to the intellectual property owner, but the costs paid to the court or to the attorneys to defend such. Intellectual property, valuation, exploitation, and infringement damages provides practical tools and expert clarification for the valuation of intangible assets. However, infringement actions must be taken to the high. To perform a comprehensive and credible analysis, the damages calculation in these areas should address a combination of appraisal, accounting, and market analysis issues all areas where we are experts. Intellectual property right infringement legal definition of.
Valuation and exploitation of intellectual property oecd science, technology and industry working papers the oecd directorate for science, technology and innovation sti leads oecd research on the contribution of science, technology and industry to wellbeing and economic growth. Smith this book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. An economic analysis of damages rules in intellectual. Intangible assets and intellectual property globalview advisors.
Patent infringement intellectual property valuation experts. Intellectual property appraisal royalty audits representative engagements on numerous occasions. Calculating economic damages in intellectual property infringement cases part ii. Jan 08, 2011 valuation, damages and expert witnesses. Violation of intellectual property rights, infringement with regard to patents, and trademarks, and misappropriation with respect to trade secrets, can be a breach of civil law or criminal law, which depends on the type of intellectual property involved, the jurisdiction, and the nature of the action. Patent purchase price is useful in damages analysis law360. The right of publicity is the right of a person to control the commercial value and exploitation of his or her name, voice, or likeness. Calculating damages in ip litigation managing intellectual. A comprehensive reference for valuation of intangible assets. Common types of intellectual property analyses while there are numerous individual types of intellectual property analyses, all of these analyses may be grouped in the following five categories. Reference manual on scientific evidence committee on science, technology, and law policy and global affairs. Patent, trademark and disputes follow unique rulescases.
He sought an injunction against infringement of his intellectual property rights and payment of damages for economic loss eur 6,740 and moral prejudice eur 10,000. This paper analyzes interdependences between optimal trade policy and preferred liability doctrine to assess infringement damages, when intellectual property rights are probabilistic, in a model. This note is adapted from my presentation at the ficpi conference in venice, italy on 27 october 2017. Valuation, exploitation, and infringement damages russell l. A comprehensive resource for anyone involved in intellectual property litigation.
Inside the pages of calculating economic damages in intellectual property infringement cases, youll learn the accepted methods and gain insight into legal issues from top damages experts and ip attorneys. Parr, an expert in the valuation intellectual property field, this. Many have the desire to observe this sort of information because it provides a road map or recipe for intellectual property valuation, licensing, or damages estimation. Focuses on quantifying lost profits and reasonable royalties. Damages for moral losses from infringement of intellectual.
A number of brg experts have been recognized as top experts in the world by organizations such as the intellectual property owners association, iam, and the licensing executives society. Calculating economic damages in intellectual property infringement cases. United states intellectual property arpc 4 feb 2009. This discussion summarizes the various types of intellectual property and the primary reasons why. Calculating economic damages in intellectual property infringement cases is a musthave for all ip experts, tech transfer executives, and ip attorneys. Apr 05, 2010 designed to simplify the process of attaching a dollar amount to intangible assets, intellectual property valuation, exploitation and infringement damages 2010 cumulative supplement provides practical tools for evaluating the investment aspects of licensing and joint venture decisions. Risk analysis for intellectual property litigation mihai surdeanu, ramesh nallapati, george gregory, joshua walker lex machina mihai,nmramesh,george. Valuation and exploitation of intellectual property. Although in theory the concepts discussed apply to all forms of ip, in practice they are applicable mostly to patent infringement matters.
Principles governing damages in trademark infringement. Introduction to the history and economics of legal limits on licensing intellectual property. The other form of patent infringement damage remedy is lost profits. Valuation, exploitation, and infringement damages, 5th. May 12, 2014 understands how intellectual property crime and infringement occurs and. Patent infringement damages are oftentimes calculated by the application of a reasonable royalty when actual damages in the form of lost profits cannot be proved. Valuation, exploitation and infringement damages 2010 cumulative supplement intellectual property valuation, exploitation and infringement damages cumulative supplement russell l. Although certain ip rights are automatic, its still up to you to actively protect your work. Download product flyer is to download pdf in new tab. Intellectual property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Damages and injunction in protecting intellectual property.
A new edition of the trusted book on intellectual property. For example, most intellectual property valuation standards require that the analyst define certain. If the report on this link is accurate, that a florida hair clinic used brian urlacher without permission to promote their services, this sounds like a cleancut case of right of publicity infringement. The court history for determining ip valuation for infringement is rather lengthy, and a separate court. The fact is that there can be no case study that covers all of the nuances of a valuation, licensing, or damages analysis. Recent developments in estimation of patent infringement. Is there disagreement about how profits should be discounted to present value. Intellectual property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages written by russell l. This book comprehensively addresses ip valuation, the exploitation strategies of licensing and joint ventures, and determination of infringement damages. Intellectual property consulting at ipmetrics, we focus on the valuation and management of intellectual property and intangible assets, as well as the provision of expert witness services including the analysis of confusion reverse confusion, dilution, unfair competition, and economic damages in litigation. Trade secret valuation and infringement damages new york. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on. Describes how to use formal damages reports and offers detailed analyses of landmark infringement cases.
Calculating economic damages in intellectual property infringement cases provides a comprehensive overview of strategies, analysis, case studies, and legal insight to help you calculate and recover or defend a case involving the infringement of intellectual property. Valuation, exploitation, and infringement damages, 2017 cumulative supplement, edition 4 ebook written by russell l. His assignments have included appraisals of nearly every type of tangible and intangible property as well as consultations relative to royalty rates, economic life, and litigation damages for intellectual property. With intellectual property damages youll get the basics of the intellectual property litigation process, the essential rules in postulating damages theories, the basics of ip law, the economic policies that are the foundation for much of ip litigation, the skills necessary to correctly calculate damages in ip. Representative projects on numerous occasions, valued businesses whose primary channel of distribution is the. Accounting for damages in intellectual property litigation. An easytounderstand explanation of a complex subject which is often beyond the scope of most attorneys expertise. Dec 11, 2018 if the report on this link is accurate, that a florida hair clinic used brian urlacher without permission to promote their services, this sounds like a cleancut case of right of publicity infringement. He has advised clients in valuation matters for over 40 years.
Nobody is going to look for violations or trademark infringement on your behalf. Everyday low prices and free delivery on eligible orders. We introduce the problem of risk analysis for intellectual property ip lawsuits. Valuation and exploitation of intellectual property as firms shift to more open models of innovation based on collaboration and external sourcing of knowledge, they are exploiting their intellectual property, notably patents, not only by incorporating protected inventions into new. Practice aid 992, entitled valuing intellectual property and calculating infringement damages.
Cornerstone researchs capabilities cover the full spectrum of intellectual property issues that our clients face in litigation. The legal systems in eu member states, including spain as well as poland, provide for two possible methods of calculating damages for infringement of intellectual property rights. Valuation, exploitation, and infringement damages, 4th edition. Assessment of economic harm or damages from infringement or misappropriation.
In these types of cases, we may calculate the plaintiffs actual loss andor the defendants unjust enrichment from the alleged infringement. Download for offline reading, highlight, bookmark or take notes while you read intellectual property. Valuation, exploitation, and infringement damages, 2016 cumulative supplement intellectual property valuation, exploitation and infringement damages cumulative supplement parr, russell l. Brg experts have led the licensing of patents and other technologies throughout the world, managed major patent and ip litigation, created ipfocused companies, and contributed to major financial transactions involving intellectual property. Damages and remedies addresses two crucial concerns of intellectual property ownershow to recover monetary compensation when an infringement has occurred and how to prevent further infringement. This includes in depth materials on damages in the context of patents and other types of intellectual property as well as continually. Quantifying damages using a market approach based on prices or values, 444. View enhanced pdf access article on wiley online library html view download pdf for offline. Valuation, exploitation, and infringement damages, fifth. Our expertise leverages other practice areas such as accounting, valuation, and antitrust and competition, among others. Parr, an expert in the valuationintellectual property field, this. Dunitz editors sw broadway, suite 1200, portland, or 97205. Intellectual property infringement damages parr, russell.
Covering patents, trademarks, s, trade secrets, and more, this book describes the standards, best practices, and case law relating to valuation, licensing, and. Intellectual property experts on damages, valuation. Valuation, exploitation, and infringement damages book title. Final report from the expert group on intellectual property valuation. There are several types of intellectual property rights, such as s, patents, trademarks, and industrial designs. Oecd ilibrary valuation and exploitation of intellectual. Calculating economic damages in intellectual property infringement cases nancy j. Intellectual property valuation, damages, and transfer price. Valuation, exploitation, and infringement damages this book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. Therefore, an intellectual property infringement may for instance be one of the following. You do need to make sure you maintain your protection, too.
Calculating economic damages in intellectual property. Uptodate, expert guidance and a valuable tool kit for ip valuation intellectual property, valuation. Chelton d tanger, mark palim, john davis and tony samuel pricewaterhousecoopers,atlanta,washington dc, london and sydney. Are the parties disputing the calculation of marginal costs. How to protect your intellectual property from infringement. Intellectual property and intangible asset disputes 1. Jan 04, 2018 the assessment of damages and ip valuation in trade mark infringement proceedings 04 january 2018 by robert cumming in conferences, damages, ipit, presentations, trade marks. Intellectual property valuation, damages, and transfer price analyses. Intellectual property infringement damages parr, russell l. Valuationto estimate a defined value of a specified. Intellectual property valuation, damages, and transfer. A new edition of the trusted book on intellectual property intellectual property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages.
Cites established methods of calculating damages for patents, trademarks and s. Intellectual property litigation cornerstone research. Intellectual property, valuation, exploitation, and infringement damages provides indepth, uptodate guidance about the valuation of intangible assets. Damages should include not just the damages awarded to the intellectual property owner, but the costs paid to the court or to the attorneys to defend such a claim. This article compares the principles governing damages in trademark infringement in united kingdom, european union, and united states of america while rendering an insight into the principle of damages as conceived under the indian trademark law.
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