IPRs Marketplaces for

Cultural and Creative

Industries

Dr. Emmanuel GILLET

Visiting Scholar, European Union Academic

Programme Hong Kong

BIP Asia

6 December 2013

Hong Kong Convention and Exhibition Center

① Definition

② Role of an Intermediary

③ Business Opportunities

④ Risks Management

IPRs Marketplaces

① Definition

② Role of an Intermediary

③ Business Opportunities

④ Risks Management

IPRs Marketplaces

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

IPRs Marketplaces ① Definition

Intermediary

IP Marketplace Provider

IPRs Owners IPRs Buyers

IPRs Marketplaces ① Definition Players Simplified Structure

Contract

IPRs Marketplaces ① Definition Players Complex Structure

IPRs Valuation services

IP Financiers

Venture Capital Funding

Crowdfunding

Insurance Companies

Licensing agents and brokers Manufacturers

Distributors

IPRs owners

/

IPRs Buyers

Pixopolitan.com / TaC

“Photographers still remain owners

of their intellectual property rights”

IPRs Marketplaces ① Definition What is not an IP Marketplace

IPRs Marketplaces ① Definition What is not an IP Marketplace

IPRs Marketplaces ① Definition What is an IP Marketplace

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.”

① Definition

② Role of an Intermediary

③ Business Opportunities

④ Risks Management

IPRs Marketplaces

IPRs Marketplaces ② Role of an Intermediary From a limited role…

IPRs Marketplaces ② Role of an Intermediary … to an extensive role

IP Services

Valuation

Venture Capital Funding

Licensing / Brokerage

Auctions

Insurance

① Definition

② Role of an Intermediary

③ Business Opportunities

④ Risks Management

IPRs Marketplaces

IPRs Marketplaces ③ Business Opportunities Contracts

Transfer of IPRs

Territories

t

Licensing Agreements

Exclusive

Non-Exclusive

Cross-Licensing

Open Licensing

Partnership

Joint Venture

R&D Contract

IPRs Marketplaces ③ Business Opportunities Elements to take into account

Quality

IPRs Marketplaces ③ Business Opportunities Elements to take into account

Exclusive v. Non-Exclusive License

Non-Exclusive Licenses

Exclusive Licenses

IPRs Marketplaces ③ Business Opportunities Elements to take into account

Compensation / Royalties

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IPRs Marketplaces ③ Business Opportunities Elements to take into account

Compensation / Royalties

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stim

e.c

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① Definition

② Role of an Intermediary

③ Business Opportunities

④ Risks Management

IPRs Marketplaces

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)

Thank you