Director Liability for Mismanagement of IP Assets

By: Ian McClure
board20of20directors

As a corporate law practitioner, an interesting IP question that pops up with more regularity is whether and under what circumstances a director of a corporation may be held personally liable for mismanagement of intellectual property.  This question is usually not posed with reference to conflict of interest possibilities, but instead with regard to the duty of care and its implications on maintaining complete information and making sound decisions with regard to that IP.   Of course, many board members don't completely understand the ins ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Patent Prospects, Portfolio Potential, Trademark Trends

Ocean Tomo Spring 2009 Auction in San Francisco

By: Ian McClure
ocean20tomo2

I will be in San Francisco this week for the kick-off of the IP Markets 2009 series (lets hope its a series) and the live IP auction hosted by Ocean Tomo.  Let me know if you will be in SF this Thursday or Friday and would like to meet.   Rumors have been flying about the economy's negative effect on sale prices for the IP in this auction's catalog, and on IP value in general.  This event will be a great indicator of the economic ... Read More

Categories: Burgeoning Business, Investment Intelligence, Portfolio Potential

IP Valuation Revisited

By: Ian McClure
valuation_img

A few months ago a post on Joff Wild's IAM blog sparked a great debate about the valuation of IP, the difference in valuation contexts, and the viability of a practical approach.  Jumping into the discussion late, Michael Martin of Broken Symmetry posted a "final word" comment on Wild's post and on Broken Symmetry.  A few of his words moved me to revisit the IP valuation discussion on IP Prospective with a few of the standard-setting initiatives that have commenced, old and new.  One of ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Monetizing IP, Patent Prospects, Portfolio Potential, Trademark Trends

Upcoming Important Dates in Intellectual Property

By: Ian McClure
uncitral

March 26-27 - Ocean Tomo commences its IP Markets 2009 campaign with their Spring IP Auction at the Ritz in San Francisco.  This auction is important for Ocean Tomo, as they have recently undergone a restructuring, and rumor has it that their Summer and Fall auctions could be postponed due to the economic climate and its possible impact on pricing.  The conference begeins on Thursday, with three panel tracks covering IP in M&A, Buying & Selling IP, and Greentech IP and Investing.  ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Patent Prospects, Portfolio Potential, Trademark Trends

Licensing Executives Society Urges Obama to Improve IP Commercialization Policy

By: Ian McClure
les

In a letter sent to President Obama this week from the Licensing Executives Society (LES), the new administration was asked to consider three initiatives to improve the marketplace for intellectual property.  According to the LES press release "[t]he United States must do more to help innovative ideas and products reach the marketplace," and there needs to be new measures taken so that technology transfer and the commercialization of intellectual property is made easier and more efficient.  Three specific initiatives were set forth ... Read More

Categories: Burgeoning Business, Investment Intelligence, Portfolio Potential

TALF Launched To Boost Securitized Lending; Thoughts on IP as “Eligible Collateral”

By: Ian McClure
magnifyingthefed

In what has been touted as a sequel to TARP, the Fed and Treasury launched the Term Asset-Backed Securities Loan Facility (TALF) today to try and shore up small business loans.  In short, the Federal Reserve Bank of New York will lend up to $200 Billion to eligible owners of eligible collateral that seek funding.  I emphasize "eligible" because the money only applies to entities that own certain asset-backed securities that are of the highest grade of investment.  In other words, loans will ... Read More

Categories: Burgeoning Business, Investment Intelligence, Portfolio Potential

The Art of Lending on Art

By: Ian McClure
ownart

There is a discreet lending market in New York and few places beyond that trades cash for copyrights until the cash is returned with interest.  To play in this field might actually be less of a risk than banks lending on collateralized real estate, based on the fluctuation of real estate values.  Certain and valuable copyrights hold their value quite nicely, even in a recession.  A recent story in the New York Times (which also reached a few IP blogs such as IPKat) disclosed ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Portfolio Potential

On Monopoly and Intellectual Property

By: Ian McClure
monopoly_photoshop_template

Headlines of late have concerned themselves with competition, or the lack thereof, created by certain adopted business methods or maneuvers. With the inauguration of a new President came a proposed tougher stance on antitrust issues. Obama appointed Christine A. Varney to head the Justice Department's antitrust division in a move that was meant to send a warning signal that the new administration was cracking down on companies vying for monopoly market positions. Google is not new to the monopoly discussion. Varney has already ... Read More

Categories: Burgeoning Business, Copyright Caucus, Patent Prospects, Portfolio Potential

The IP Audit: Finding Intangible Value in a Tangible Crisis

By: Ian McClure
magnifying-glass

While many companies have chosen to cut costs and ride the recession wave, some savvy companies are taking this time to discover new value in their company; value in the intangibles.  Although some executives equate "cost-effeciency" with cutting employees and holiday parties, others are finding undiscovered or underutilized intellectual property and turning it into a new profit center.   While IP value generally isn't included on a balance sheet, its distinctive worth to a company shines at a time when standard revenue streams demonstrate ... Read More

Categories: Burgeoning Business, Monetizing IP, Portfolio Potential

Venture Capital vs. Venetian Capital

By: Ian McClure
venice-cruises-1

An investment banker friend sent me a very interesting blog post from Broken Symmetry.  It creatively considers an historical analogy, at the intersect of business method and creative process, between 15th Century Venice and modern day Silicon Valley.  The piece goes on to discuss comparisons between the two, such as their isolated position from other major metropolitan centers (Florence and Rome, LA and New York), or their aspiring classes of artisans and entrepreneurs.  There also exists a parallel between the investors of both ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Patent Prospects, Portfolio Potential, Trademark Trends

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