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More About This Title Intellectual Property, Valuation, Exploitation, and Infringement Damages, 2016 Cumulative Supplement
English
Intellectual Property, Valuation, Exploitation, and Infringement Damages provides practical tools and expert clarification for the valuation of intangible assets. This new 2016 Cumulative Supplement contains the latest laws, regulations, and practices surrounding licensing and joint ventures, with practical analytical models that simplify the calculation of royalties and equity splits. As a companion to the comprehensive Intellectual Property, this book provides invaluable guidance toward the investment aspects, business strategies, taxes, and accounting practices involved in intellectual property protection and profit, to help licensing professionals structure optimal arrangements and mitigate risks. Written by leading experts in the intellectual property realm, this guide is a must-have resource for anyone working with intangible assets.
Intellectual property is more than a simple profit center; to many owners, it's the cornerstone of their organization, and must be rigorously protected and exploited to the fullest extent. This book provides clear guidance on valuation, which is the foundation of a successful IP strategy.
- Define the value of intangible assets in real-money terms
- Examine the business economics of licensing and joint venture strategies
- Understand the relevant legal, tax, and accounting practices
- Determine fair royalty rates and equity splits
Patents, trademarks, formulas, copyrights, brand names, distribution systems—all fall under the intellectual property umbrella, and each might be the competitive edge upon which a business is built. Intellectual property can cost hundreds of millions of dollars to create, and is often irreplaceable with no substitute or alternative available, making it an organization's most important asset. Protect it properly, and reap every ounce of profit it can produce with the important guidance in Intellectual Property, Valuation, Exploitation, and Infringement Damages, 2016 Cumulative Supplement.
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Russell L. Parr, CFA, ASA is President of Intellectual Property Research Associates (www.ipresearch.com). He is an expert in determining the value of intellectual property. Mr. Parr's books about intellectual property value and management are published in Japanese, Korean, Italian and English. He is dedicated to the development of comprehensive methods for accurately defining the value of intellectual property.
Gordon V. Smith is Chairman Emeritus of AUS Inc., a multidiscipline consulting and market research firm, a member of the Board of Trustees of the University of New Hampshire School of Law, and Distinguished Professor of IP Management at the law school's Franklin Pierce Center for Intellectual Property. During his long consulting career, he has advised clients on the value of intellectual property and closely held stock and has consulted in support of transactions, litigation, and tax-related matters. He is the author and coauthor of several books on IP valuation and exploitation strategies. An active international lecturer, Smith is Chair of the Advisory Board of the Licensing Economics Review, as well as an Adjunct Professor at the National University of Singapore (Division of Engineering & Technology Management). Mr. Smith earned an A.B. degree from Harvard University in 1959.
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PREFACE xix
PART I VALUATION 1
CHAPTER 1A INTELLECTUAL PROPERTY LANDSCAPE (NEW) 3
CHAPTER 1B U.S. CONGRESS FLIRTS WITH DISASTER (NEW) 25
CHAPTER 12A RISK-ADJUSTED CASH FLOWS (NEW) 32
CHAPTER 12B DEALING WITH RISK AND UNCERTAINTY IN INTELLECTUAL PROPERTY VALUATION AND EXPLOITATION (NEW) 51
CHAPTER 14A RIGHTS OF PRIVACY, PUBLICITY, AND CELEBRITY PERSONA (NEW) 81
CHAPTER 14B INTELLECTUAL PROPERTY AND INTANGIBLE ASSET VOLATILITY (NEW) 95
PART II LICENSING 101
CHAPTER 27A ROYALTY RATES AND LICENSE FEES FOR TECHNOLOGY (NEW) 103
CHAPTER 27B LICENSE FEES AND ROYALTY RATE FREQUENCY FOR TECHNOLOGY (NEW) 115
CHAPTER 27C ROYALTY RATES AND LICENSE FEES FOR PHARMACEUTICALS AND
BIOTECHNOLOGY (NEW) 121
CHAPTER 27D LICENSEE FEES AND ROYALTY RATES FOR TECHNOLOGY UPDATE (NEW) 129
CHAPTER 33A THE MAGNITUDE AND MEANING OF ROYALTY MISREPORTING (NEW) 134
CHAPTER 33B INTELLECTUAL PROPERTY AUDIT AND MANAGEMENT (NEW) 146
CHAPTER 35A QUANTIFYING REASONABLE ROYALTIES: THE ENTIRE MARKET VALUE RULE (NEW) 167
CHAPTER 35B NEW GUIDANCE ABOUT APPORTIONMENT (NEW) 178
CHAPTER 35C LOST PROFITS FOR NEW BUSINESSES (NEW) 188
CHAPTER 45 NEW MEASURE OF INFRINGEMENT DAMAGES—FUTURE DAMAGES (NEW) 194
CHAPTER 45A CONTINUALLY EVOLVING PATENT DAMAGES (NEW) 208
CHAPTER 45B THE 25% RULE IS DEAD (NEW) 222
APPENDIX G MORE SAMPLE ROYALTY RATE INFORMATION (NEW) 225
APPENDIX H TRADEMARK ROYALTY RATES (NEW) 253
APPENDIX H-A MORE TRADEMARK AND COPYRIGHT ROYALTY RATES (NEW) 271
APPENDIX I PHARMACEUTICAL AND BIOTECHNOLOGY ROYALTY RATES (NEW) 309
APPENDIX J TELECOMMUNICATIONS ROYALTY RATES (NEW) 333
APPENDIX K ELECTRICAL AND ENERGY ROYALTY RATES (NEW) 369
INDEX 403
