The value proposition of IP is intrinsically intertwined with the ability to enforce one’s rights. However in many different jurisdictions around the world it is exceptionally difficult to enforce IP. Against this background we were approached by a series of different rightholders asking us how to ensure adequate payment of licensing rates and how to enforce their rights in ‘the shadow of the law.’
We proposed a multi-tier approach. On the one hand side we used a comprehensive IP valuation approach to establish a price for potential licensing rates and determine what constitutes a market based royalty rate. On the other hand side we used our economic skills to advocate legislative reform so to assure that the IP system is not eroded of its value proposition.
We helped determine adequate licensing rates which served as the baseline in licensing negotiations. We furthermore prepared advocacy pieces to help raise the regulator’s awareness on the issue.