Only yesterday this weblog posted information concerning a topic meeting on 24 November at the University of Leuven, Belgium, on "Open Innovation: Barrier or Enabler?" Today we post an announcement concerning "Open Innovation: the Challenges and Solutions", a half-day conference in the British Library's Conference Centre, London, on 29 November, which has been brought to this blogger's attention by Creative Barcode CEO Maxine Horn -- one of the conference participants. You can get full details of this event here.
It would be too early to say that the bandwagon of open innovation is sweeping across Europe, but it is fair to say that business models based on open innovation rather than on self-sufficiency in innovation and the preservation of exclusivity in one's technology are finally gaining ground. Since they require less financial investment, they are less vulnerable to the availability of credit; and they have the potential to evolve into arrangements which are less formal than FRAND-based standards while at the same time retaining many of their benefits.
Friday, November 11, 2011
Thursday, November 10, 2011
"IP in Open Innovation – Barrier or Enabler?"
The Licensing Executives Society (LES) Benelux, together with the Centre for Intellectual Property Rights (CIR), Leuven. Inc and Leuven Research & Development of the K.U.Leuven are organizing a Topic Meeting on “IP in Open Innovation – Barrier or Enabler? The Story so Far” on 24 November 2011 at the Faculty Club in Leuven Belgium. According to the details sent to us by Dr Esther van Zimmeren:
You can access the invitation here and the registration form here
"When LES Benelux hosted the LES Pan European Conference in September 2008 in Amsterdam, the theme was “Open Innovation – The New Paradigm?” In the meantime, this model has become more widespread but has it been a success to the point where the question mark could be removed? This event explores how things have progressed, what is working and what is not with particular reference to IP.
As you will see from the speaker panel, this promises to be a very interesting day reflecting the views and experiences of different stakeholders. Prof. dr. Wim Vanhaverbeke will give the keynote presentation on “Open Innovation and its implication for IP management”, followed by Dr Esther van Zimmeren (CIR), Andre Clerix (IMEC), Benjamin Docquir (Simont Braun), Laure van Oudheusden (Philips) and Magali Poinot (IMI)".
You can access the invitation here and the registration form here
Wednesday, November 9, 2011
How Much Is a Sports Sponsorship Really Worth?

The trick in being the sponsor of an event is finding one whose benefits are so overwhelming that the sponsor enjoys oversized benefits in being associated with it. On that basis, surely the sponsorship of the recent Chicago Marathon by the Bank of America would seem to fit this bill perfectly. After all, according to the media packet provided by the Bank of America, 45,000 runners were to take part in the race, with more than one million spectators lining 26 miles of Chicago streets as the runners pass through 29 neighbourhoods (nowhere else in the U.S. is the notion of discrete urban neighbourhoods more hallowed than in Chicago).
As a result, it is claimed, the Marathon will bring $171 million dollars redounding directly to the benefit of the city, with additional ripple effects further enlarging the supposed benefits of the event to the area. The problem is that this assessment may be wide of the mark. An article that appeared on the webez91.5 website ("Chicago marathon--bonanza or blip") here strenuously attempts to dispel these claimed benefits.
So how does one get to the amount of $171 million dollars being added to the coffers of Chicago and its environs? Follow the mathematics with me:
1. Of the 47,000 runners, 7,000 out from abroad, with another 19,000 runners from outside the Chicago area. That adds up to 26,000 runners in need of a hotel room, plus 4,000 additional rooms occupied by locals, with the result that 30,000 runners at an average price of $200 per room. That means $6 million in lodging revenues a night.
2. Direct spending--paraphernalia purchased by the runners and increased restaurant sales are expected to amount to $40 million.
3. Secondary effects, which the sponsors call "a trail of economic activity", adds another $100 million.
Add these amounts together and voila -- we reach the $171 million dollar amount. Such a sum would certainly bring tears of joy to new mayor of Chicago, Rahm Emanuel.

1. Say a souvenir cap is sold for $20. Most of the value in that cap was captured by the manufacturer, most likely not located in Chicago and probably located in the Far East. The direct value of the cap to Chicago is the mark-up, which amounts to several dollars.
2. Say a visitor pays $200 a night (or more) for a hotel room. Most hotels are headquartered outside of Chicago, which means that a certain portion of that amount is likely forwarded to the headquarters.
3. There is a bit of a set-off effect with respect to the spectators themselves. Assuming that most of them are from the Chicago area, some or even many of them simply exchange expending monies at another local site in favour of the Marathon event. The net gain, therefore, may be minimal.
Should any of these revisionist calculations influence the decision of a sponsor, such as Bank of America, to serve as a sponsor for the event? My instincts tell me that the bank might be less interested, or simply not interested at all, to be connected with the Marathon if the much modest sum of $25 million more accurately reflects the contribution of the event to the local economy. Additionally, the cost to the bank of the sponsorship might be less if a lower valuation is given, negatively impacting on the sponsorship revenues of the City of Chicago for the event. In such a case, while it is not a lose-lose situation, it is certainly a greatly diminished version of the lofty figures being thrown about in the media.
Tuesday, November 8, 2011
Valuing IP in Smartphones and LTE
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Is this where we'd still be without FRAND ...? |
In this context, attempt to value IP -- including those rights that stem from essential patent ownership “determinations” -- are subject to great uncertainties, inaccuracies and biases. Keith argues that negotiated licensing agreements can overcome these problems while reflecting significantly different positions among licensors and licensees. For example, Keith calculates that there's virtually no correlation between the results of two different studies purporting to determine essential patent ownership in LTE. Keith concludes that the oft-stated belief that smartphone IP litigation and licensing costs are stifling innovation and foreclosing market entry is a "popular and yet unproven and erroneous refrain". Far from supporting this position, such evidence as there is actually points to the opposite effect: licensing costs are modest; smartphone innovation is extensive and shows no signs of slowing with faster connections, more powerful processing and richer applications, mainly on account of FRAND-based licences.
For ease of reading, Keith's contribution (which is a good deal longer than usual and contains many tables and diagrams) can be accessed here as a PDF document.
Sunday, October 30, 2011
“Facts and figures on FRAND licensing for standards-essential IP”: seminar update
The IP Finance weblog's seminar, “Facts and figures on FRAND licensing for standards-essential IP”, will be held on Tuesday 22 November 2011, 5.00pm to 6.30pm. The venue is Olswang LLP's London office at 90 High Holborn.
The speaker is Keith Mallinson (WiseHarbor), who is a regular guest contributor to this weblog on FRAND-related issues. His presentation will be thrown open to comments from a panel of commentators: in alphabetical order Enrico Bonadio (City Law School), Dan Hermele (Qualcomm) and Richard Vary (Nokia). There will then be (i) questions and comments from the floor and (ii) refreshments.
The seminar currently has 24 registrants, but we still have room for more. If you'd like to attend, please email Jeremy here and let him know.
You can follow Keith Mallinson on Twitter at @WiseHarbor
The speaker is Keith Mallinson (WiseHarbor), who is a regular guest contributor to this weblog on FRAND-related issues. His presentation will be thrown open to comments from a panel of commentators: in alphabetical order Enrico Bonadio (City Law School), Dan Hermele (Qualcomm) and Richard Vary (Nokia). There will then be (i) questions and comments from the floor and (ii) refreshments.
The seminar currently has 24 registrants, but we still have room for more. If you'd like to attend, please email Jeremy here and let him know.
You can follow Keith Mallinson on Twitter at @WiseHarbor
Trends and challenges in demand-side innovation: a thematic report
"Trends and challenges in demand-side innovation policies in Europe" is the title of a paper unearthed by Chris Torrero, courtesy of the European Commmission's Enterprise and Industry website here. This is a "Thematic Report 2011 under Specific Contract for the Integration of INNO Policy TrendChart with ERAWATCH (2011-2012)". As the Commission website explains,
"Demand-side innovation policies are important policy instruments aiming to increase the demand for innovations, to improve the conditions for the uptake of innovations or to improve the articulation of demand . Their potential is widely recognised and actively promoted.
The report aims:You can read the whole report here. Curiously, as Chris notes, in this 48-page document the word "patent" appears just once. Even more curiously, the word "invention" does not appear at all and there are just three mentions of "intellectual property".
• to identify the trends in the deployment of demand-side innovation policy at national level in the EU Member States during the period mid-2009 to mid-2011;
• to give an overview on recently introduced demand-side innovation policy measures and to ascertain if there are any observable patterns;
• to provide insights into how demand-side measures are being implemented;
• to analyse governance practices for coordinating between demand-side and supply-side measures".
Saturday, October 29, 2011
There's Still Some Life in the DVD Market: Should There Be?

Talk about the future of distribution of movie contents and all you hear these days is about finding workable commercial models for streaming to a variety of computer and hand-held devices. DVD-rentals seem to be "oh so yesterday." Both the sale and rental of DVDs continue their steady decline. U.S DVD sales are repoted to have dropped by 5.8% in 2010 to $16.3 billion dollars. The recent missteps by Netflix, the pioneer in DVD-by-mail rentals, which tried to separately price (and later even separately brand) its streaming and DVD-rental services with the express intention, were apparently driven in part by the strategic goal that, sooner or later, DVDs will be passe. One could be excused from thinking that the industry is largely giving up the DVD battle.
That does not appear, however, to entirely be the case. As reported on Bloomberg.com ("Holllywood Studios Said to Study 60-Day Ban on New DVD Rentals to Aid Sales" here), the studios are still seeking to find ways to increase profits from DVD sales at the possible expense of DVD-rental and VOD. According to the article, "[s]tudios are searching for ways to bolster DVD sales and purchases for online viewing, in part by postponing the availability of newly released DVDs for rent or by subscription.... A 28-day window is simply not long enough to shift consumers fast enough to higher-margin” video-on-demand rentals and purchases," observed Rich Greenfield, a noted media analyst.
Accordingly, rumours are flying that the studios are contemplating increasing the waiting period to 60 days before a DVD may be rented or made available on VOD. Not for the first time, reaching back into the mists of 17th century England, where the fledging author class was in conflict with the Stationers, we find today the owners of movie contents at loggerheads with their distributors.

The conflict over the length of the ban before DVDs can be rented suggest a number of points:
1. While the market for DVD sales is declining, the aggregate sales amount of more than $16 billion dollars is still substantial. Moreover, sales margins are much more attractive than margins on rentals and the like. Thus, even if the content market is in a transition period from DVD sales to on-line streaming, the studios still have an interest in maximizing revenues from such sales.Stay tuned.
2. That said, there is always the tricky balancing act of seeking to squeeze more income from one's current business, while at the same time trying to meet the challenges of creating a new business model.
3. Moreover, a company such as Coinstar may have nowhere else to turn. While Coinstar may be at loggerheads with the studios about the window period, both would appear to be in the same boat with respect to the commercial exploitation of DVD contents. Netflix is trying to decouple itself from this reliance on DVDs by moving into streaming, but recent events show how difficult it is to make the transition in the face of a disruptive technology. It is equally likely that the studios will face a new set of distribution "partners" once the streaming business takes firmer shape.
4. The implementation of the extension from a 28 to a 60-day window will be an interesting experiment in whether consumer behavior can be materially influenced. As Greenfield notes above, the goal is to "force" the consumer to consider the option of purchase or face the prospect of having to wait for an unacceptedly long period before rental is available.
More on the Netflix saga here.
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