11.25.2020

How IP Assets Help Economic Growth

 


Intellectual property refers to the property of everything human created, such as education, research, culture, art, technology, etc., that is, intangible knowledge, deviating from the existing tangible property. Like any other type of property, it is protected by rights because it can be developed, owned, managed and commercialized to generate economic returns. This time, we’re going to look at the economic value of IP assets.


What are IP assets?

IP assets are a collection of intellectual property, such as patents, trademarks, copyrighted works, industrial designs, geographical indications, trade secrets, etc. strategically selected for business value. It has economic value because of its ability to enhance the value and financial returns of technology, products and services. Businessmen and policy makers define IP as adding the word “assets” to give both legal rights as well as the economic interests of the owner.


🔺 picpedia.org

IP assets are outputs produced through human capital. Without human capital, intellectual property cannot be created and economic development is impossible, so human capital is very important for economic growth. However, human capital itself is difficult to impart economic value because there is no way to own it or its legal status. That is why it recognizes its legal status and economic value by giving the character of an asset to the IP produced through the human capital.

In particular, today, the combination of human capital and IP assets is the most important driving force for economic development in a knowledge-based economy.


Reasons to develop and manage IP assets,

In the 1990s, the development and management of IP became a major concern in the rapidly growing technological and cultural industries. Intellectual Asset Management (IAM) was taught in the Graduate School of Business and has established itself as a specialized field provided as a service in accounting, consulting, and law firms. IP assets are becoming increasingly valuable and important economic assets through active and strategic policies. Even at the macroeconomic level, IP assets, including human capital and IP, are recognized as the most valuable factors. Therefore, policy makers are trying to use IP assets as a key tool for economic policy, and insist that just as companies strengthen their technology through IP portfolios, the country should also strengthen its IP portfolio.

🔺 flickr.com ©Mike Lawrence

The U.S. National Knowledge and Intellectual Property Task Force explains IP assets as follows:

- In the IP economy, a company's value is determined by its ability to seize new market opportunities by converting “KNOWLEDGE” to net worth in a timely manner.

- In addition, as product cycles are shortening and competitors shorten time-to-market, companies must continually verify and improve the process to develop and commercialize new ideas.

- In other words, revising the company's strategy and leading the market in line with the rapid growth of intellectual property is the core of IP asset management.

How can IP assets help economic growth?

IP assets affect economic growth in several ways. One of the most important ways is to generate royalty revenue through licensing. Revenues from patent licensing worldwide increased from $15 billion in 1990 to $100 billion in 2000.

IP licenses can help companies lower costs or access to products, which will steadily increase profitability. IBM raised more than $1.7 billion in licensing royalties in 2000 alone. Universities also used IP assets to support their budgets and for continuing education and research. Universities and research institutions in Canada and the United States reported $1.36 billion in revenue from licensing for fiscal year 2004. SMEs in developing countries have also selected IP assets as a key area that can help them participate in technology transfer agreements, attract joint ventures, and expand into new regional markets. IP assets also increase the value of the company in mergers and acquisitions. IP assets, such as patents, trademarks, and copyrights, can be valued higher than their actual value depending on which company they are merged with.

🔺 pixabay.com

Why IP assets have economic value,

If IP assets are properly managed, the following effects can be expected. Motivate and support to monetize product sales and licensing royalties.

- Increase in high value-added exports

- Attracting high value-added foreign direct investment (FDI) and joint ventures

- Support to retain and motivate technical staff

- R&D-based industry activation and job creation

- Support for educational and research institutions

- Strengthen corporate value evaluation

- Promote funding for R&D to provide and improve necessary technologies and products

- Provides bargaining power in technology transfer negotiations

- Support to access goods and technology through license agreement

🔺 pixabay.com

What should policy makers do to promote the development and management of national IP assets?

Policy makers are responsible for IP auditing, target setting and measurement, group identification for IP asset development, funding for research and development, IP policy planning and coordinating education and economic policies, IP strategic planning including financial support for tax and other IP development. Developed. In addition, a plan was introduced to enable SMEs and non-profit research institutes such as public-private ventures and patent application funds to realistically handle IP ownership.


IP asset development and management consists of four elements: IP evaluation, IP infrastructure construction, IP training, and IP assets. All of these factors are interrelated and should be viewed in the context of a holistic system.



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This is a partial excerpt from 

'IP Asset Development and Management: A Key Strategy for Economic Growth (WIPO, 2004)'







11.17.2020

Patent dispute in the material field between Korea and Japan

 


Export regulations of Japan and growth in the Korean material sector,

A year has passed since Japan announced that they would restrict exports of key materials needed to produce semiconductors and displays to Korea. At that time, the dependence on Japanese materials was very high, and Korea predicted that a major economic crisis would come. After export restrictions, large companies in Korea invested a lot of money to successfully localize materials. The Korean government has also stabilized at a faster-than-expected pace while not sparing support such as deregulation and R&D expenses.


🔺 flickr.com ©Windell Oskay

Unexpected consequences of export regulations,

As unexpectedly the Korean materials sector grew rapidly, Japan's export regulations were not hit hard. Rather, a crisis came as Japanese companies' customers disappeared due to export restrictions. When the material supply was not smooth, Samsung Electronics announced that it would no longer use Japanese-made materials, and LG Display and SK Hynix also came up with solutions such as signing a supply contract with a domestic company or replacing equipment with domestic ones. Currently, 76 of the 100 items that were expected to be damaged by Japanese export regulations have secured domestic production capacity, and Japanese companies are in a difficult situation to expect a recovery in future sales. The sales of Stella Chemifa, a Japanese manufacturer of hydrogen fluoride for semiconductor cleaning, decreased by 30% QoQ, and Sumimoto Chemical, which makes polyimide for display films, decreased by 70% YoY.


🔺 samsungsdi.co.kr

Japanese companies filing an objection to a patent in material field sector,

Recently, Japanese companies are increasingly filing objections against patents of Korean materials companies. Industry insiders say that after export restrictions, Korean companies have grown technically and have succeeded in localizing materials, while Japanese companies are struggling with a decline in sales, so they are pursuing such a strategy to restrain the growth of Korean companies. It seems that Japanese companies are able to pursue such strategies because they have confidence in the original technology. As a starter with market leadership, even if a patent infringement lawsuit proceeds, the probability of winning is higher.


🔺 wipsglobal.com
patents of LG Chemicals filed for oppositions in Japan

11 patents in the field of materials pending opposition,

According to an announcement by the Korean Intellectual Property Office, 72 core patents were created in the material field until the first half of this year after Japanese regulation. Of these, a total of 11 patents in the field of materials that were filed for opposition in Japan until last August. All 11 cases are focused on new technologies such as secondary batteries, energy storage devices, and optical films. As the material industry is a key element of the manufacturing industry, it must be observed to improve the national competitiveness in the future. The Intellectual Property Office is also planning to establish a patent dispute center so as not to be damaged in this area, and it is said that it is planning to provide priority support for disputes between material companies.


🔺 wipsglobal.com
patents that are filed for oppositions in 2020


The government decided to pursue a strategy to become a powerhouse in the materials field based on the experience gained from Japan's export regulations. We look forward to seeing if Korea can lead the material field beyond the current crisis.










11.06.2020

DivX filed a patent infringement lawsuit against Samsung and LG

 

DivX is an American software company that developed DivX Codec, a video conversion software. One movie stored on a DVD is able to be compressed and transferred to a CD without significant loss, which has gained popularity. It created a culture of watching videos on a PC and was evaluated as accelerating the development of the multimedia field. Since then, DivX has continued to develop and developed software that can be applied to all devices which play videos, such as TVs, DVDs, video game consoles, and smartphones.


🔺 divx.com


DivX filed a patent infringement lawsuit against a global TV company

On September 10, DivX filed a complaint with the US International Trade Commission (ITC) for violating Article 337 of the U.S. Customs Law against Samsung, LG, and smart TVs produced by Chinese company TCL. Article 337 of the U.S. Customs Code regulates unfair practices imported into the United States. DivX has requested that it be issued a limited exclusion order and a *cease and desist in the United States under this regulation. In addition to the ITC filing, it has filed a patent infringement lawsuit against Samsung Electronics in the East Texas District Court and LG Electronics and TCL in the Delaware District Court.


🔺 wipsglobal.com> Litigation search


Which patent is claiming infringement?

There are a total of 4 patents claimed by DivX. These patents are related to video streaming method and security of streaming data. DivX claims that TV makers used their technology without permission while manufacturing smart TVs. ITC said it would complete the investigation and make a final decision as soon as possible. It is said that Samsung and LG plan to respond specifically after review.


🔺 wipsglobal.com
US patent 10484749


DivX, why filed a lawsuit?

DivX seems to be trying to make a big profit with royalties through this lawsuit. According to market research, if the TV market sales of the three companies, Samsung, LG, and TCL, filed by DivX, win about $21.4 billion, they may require a technology fee from sales. Not only the TV field, but also other multimedia fields are carefully looking at this trial. If DivX, which is working with hundreds of multimedia companies around the world, wins this case, the next goal will be themselves.