IP VALUE

Generally, IP assets are difficult to value because of the following reasons:
• Historically, no public trading markets (eg property)
• Terms & Conditions vary widely.
• IP assets are inherently dissimilar
• IP transfers are often motivated by unique strategic considerations
• Details of IPR transfers are usually not widely disseminated

IP Valuation is not so much a matter of science but rather a matter of external judgement.
The Foundation of IP valuation analysis consists of four constituent blocks, each with an associated
question:
• Purpose – Why are we valuing the asset?
• Description – What is the asset?
• Application – How will the asset be used?
• Standard – Who is the assumed buyer of the asset?

There are many IP valuation methods in the markets as summarised in Diagram 2.7 below:-

Diagram 2.7

In a nutshell, the most common valuation methods are based on one of the three methods below:-

A. Cost – Based on cost to replicate, (less functional or economic obsolescence) that is the cost to create or recreate the asset; we look at what we spent on developing the IP and what another company might spend if they were to invent it from scratch.

B. Market – Based on market transactions involving comparable assets (with adjustment for differences) that is the sales of comparable IP, where a “somewhat” similar deal could be used for the purposes of comparison.

C. Income - Discounted Net Cash Flow (royalties/profits/savings)

which is based on the future economic benefits produced by the intellectual property; where we look at the projected incremental profits or cost savings from using the IP.

For the purpose of discussion, we shall look at the Discounted Net Cash Flow Method. The Discounted Cash Flow Method involves a summation of the net cash flow derivable from an IP assets over its useful life and discount the value to the present day value using an effective discount rate. To do that, we need to

(a) Determine the overall cash flow of a company from P&L account

(b) Disaggregate the business segment and product line ( Diagram 2.7.1)

(c) Disaggregate the earnings of the relevent product line to derive the earning attributable to the intangible assets ( Diagram 2.7.2)

(d) Disaggregate the intangible assets earnings to arrive at the earning attributable to a particular IP asset. ( Diagram 2.7.3)

(e) The value of an IP Asset can be deduced using the formula:-

IP TAX

Due to the transferability of IP assets and various tax incentives accorded to IP related activities, IP assets have been increasingly used by IP owners as a tax planning tool.

Tax / Royalty Planning at 3 different situations

• New IP assets creation (development Stage)
• Acquisition of IP assets
• Existing IP assets owner in respect of revenue derived from IP Assets

A. Tax Incentives For Creation of IP Assets

A.1 Tax Holidays for Companies that create and commercialise new IPs

A.2 Double tax deduction For IP Related Activities

1. Registration of patent, trademark and product licensing in Overseas

Cost of registration of patent, trademark and product licensing overseas

• For Malaysian resident company only

• Primarily and principally for the purpose of promoting the export of goods.

[Income Tax (Deduction for promotion of exports) Rules 2007.ＰU(A) 14/2007 Wef. YA2006]

2. Advertisement on Malaysia brand name goods

Advertising on Malaysian Brand name goods locally

– 70 % owned by Malaysian– Brand name owned by the company or its related company

– Product must be export quality standardAdvertising on Malaysian Brand name overseas

– Expenses on advertising of Malaysia brand names registered overseas; and

– Professional fees paid to companies promoting malaysia brand names

[Income Tax (Deduction for promotion of exports) Rules 2007.ＰU(A) 62/2002 Wef. YA2002]

3. Research expenditure

Research Expenditure ( s.32A)

– Approved by minister. Or

– Undertaken by person participating in industrial adjustment.

– Incurred within 10 years from the date of approval

– Approved research project undertaken by a company either in-house or contracted to external research companies or institute.

– Expenses for use of facilities or services provided by the approved research institute

– Contribution in cash to approved research institute

B. Tax Planning for Acquisition of IP Assets

Purchase an IP and put to use will have a benefit over a period of time (ie.general revenue) and are therefore considered of a capital nature for tax purposes

• In general , cost of IP assets purchase is not subject to deduction or capital allowances!!

(capital expenditure with no capital allowances)

• In budget 2008, there are tax deduction, 20% of the cost of purchase :

a) for locally incorporated company to acquire high tech assets

• For production in Malaysia
• To gain export market

b) For manufacturing Company to acquire IP “rights”

• for the use in manufacturing process.

a) For Locally owned Companies which acquire a foreign company to acquire high technology for production in Malaysia or to gain new export markets for local products

– Deduction for an amount = 1/5 ( 20% ) of the acquisition cost incurred for five years. , However, such acquisition must verified by MIDA

– Acquisition must be in the form of cash transaction and completed within 3 years– Not allow for the second acquisition by same Company.

– Acquisition cost include value of the share, Professional fees, stamp duty, traveling and accommodation

[Income tax(Deduction for Cost of Acquisition of a foreign Owned Company) Rule 2003, Amended Rule 2008]

b) The cost of acquisition of propriety rights** (IP) incurred by a manufacturing company for the use in manufacturing process

• 20% of the cost as deduction in the YA of purchase and 4 following YA against business income includes

• Acquisition cost of the propriety rights, consultancy and legal fees, stamp duty.

• 70% owned by Malaysian.

** Patent, industrial designs or trademarks[Income tax(Deduction for Cost of Acquisition of a foreign Owned Company) Rule 2003, Amended Rule 2008]

Tax Planning for Existing IP Owners

• Sell IP assets, or
• Generate income from IP assets (ie. Royalty Fee)

1. Outright Sale of IP assets

Outright sale of IP assets

• Capital Gain
• Not subject to Income Tax
• Under tax & Royalty planning scheme, to consider set up IPHC to in country of lower tax jurisdiction to acquire the IP assets

Outright sale of IP assets- Points to note:

• Willing seller willing buyer ( supported by agreement)
• Lump sum payment. If periodic payments, may subject to income tax
• Valuation of IP assets – future income/ cash flow projection
• Timing of disposal to maximum the value.
• set up IPC since day one, this allows sale of Company instead of sale of IP assets within Malaysia!
• Set up MSC status company, Bionexus Company

2. Royalties Planning

Generating Guidelines for Tax on “royalty fee” from IP assets:

– Income (Royalty fee) received in Malaysia from resident is subject to normal income tax

– Scope of tax under S.4(d), Royalty is defined in S.2 of ITA

– Administration expenses to be deducted under normal business expenses. (To show that the company running the business)

– Remit income back into Malaysia – Foreign source of income received in Malaysia by a resident from outside Malaysia is exempted from tax ( para 28, sch 6) inclusive of dividend income and royalty income

The Scope of royalty is defined in Section 2 of the ITA as follow:-

a) any sums paid as consideration for the use, or the right to use

i) Copyrights, artistic or scientific works, patents, designs or models, plans, secret processes or formulae, trademarks;

ii) know-how or information concerning technical, industrial, commercial or scientific knowledge, experience or skill;

iii) income derived from the alienation of any property, know-how or information mentioned in para (a) of this definition

Royalty Planning – Points to note:

– Income from IP is not like income from a regular business. It is highly mobile and can be easily moved to another tax jurisdiction.

– MOVE the income to countries with lower tax by setting up IPHC at countries ( e.g Singapore/Hong Kong) with lower tax jurisdiction or tax free (eg) BVI and acquire the IP assets

– Singapore Tax Rate

effective 2010, corporate income tax rate will be further reduced from 18% to 17%. In order to make Singapore as an attractive investment destination, income tax rates in Singapore have been going down consistently as seen below.

1997-2000 – 26% , 2001-2001 -25.5% , 2002-2002- 24.5%, 2003-2004 -22%2005-2006 -20% , 2007-2009 – 18% , 2010 17%

0% tax on S$100K taxable income for first three tax filing years for a newly incorporated company

8.5% tax on taxable income of upto S$300K

– Withholding tax 10% on royalty paid to non-residence – S109 /S15/S3/4(d) – final tax (as compared with 25% IT)

– Remit income back into Malaysia - Foreign source of income received in Malaysia by a resident from outside Malaysia is exempted from tax ( para 28, sch 6) inclusive of dividend income and royalty income

The Tax/Royalties planning structure for an existing IP Owner can be summarised by Diagram 2.6.1below.

Diagram 2.6.1

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IP FINANCE

Owners of IP assets can raise money to fund the development and commercialisation of their IP assets through a multitude of channels. The funding ecosystem summarises the funding options available to IP owners in different stages of development of their IP assets, from birth of an idea to development and eventual commercialisation of the ideas

Diagram 2.5.1 summarise the IP Funding ecosystem

IP FUNDING ECOSYSTEM

There are basically three sources of funding for IP Owners, namely government grant, equity financing and debts financing.

(A) Grant Financing

The contributions of IP based entrepreneurship (or technopreneurship) in spurring economic growth, creating high income jobs and new industries which generating high returns are widely acknowledged.

To encourage the development of technopreneurship, many governments have come out with grant and financial incentive scheme for development and commercialisation of IP assets. The grant scheme aim to provide generous low cost fundings to qualified technopreneur to kick start their ventures.

The sources of grant in Malaysia are:-

 Matrade

 Malaysian Biotechnology Centre

 Malaysia Technology Development Centre

 Mimos Berhad

 Ministry of Science, Technology and Innovation

 Ministry of Entrepreneur and Co-operative Development

 Small and Medium Industries Development Corporation

 Multimedia Development Corporation (MDeC)

 Cradle

These fund providers are mandated by the government to offer different types of grants to IP owners in different phases of IP development, namely from creation, commercialisation to market enlargement of their IP assets

Amongst the keys things to look at in applying for IP Grant are:-

 Focus of the grant

 Eligibility

 Percentage of funding

 The unwritten rules (what can be claimed, the fine print, when to incur etc)

 How to maximise your amount

 How to shorten your time

(B) Debt Financing

IP Owners can also avail themselves to debt financing as a source of funding to finance the development of their IP based business ventures. In certain jurisdiction like US and China, IP assets can be used as collateral to secure loan from banks. However, as banks are generally more risk adverse, debt financing are more common at the later stage of IP development, usually at the growth stage of a IP based business venture as illustrated by Diagram 2.5.2 below.

Diagram 2.5.2

Source: TEN3COACH

(C) Equity Financing

Another important source of financing of IP based business ventures is equity investment from angels, venture capital or private equity players. Angles are affluent individuals who invest in seed or early start ups, venture capital provides equity funding to early stage technopreneur ventures while private equity back established enterprise using a combination of debt and equity.Venture capital bridges IP owners and technopreneurs with the much need start up capitals and business know how in a combination whuch is capable of great value and wealth creation. Spectacularly successful companies like Amazon and Google are made possible by venture capital investment. Diagram 2.5.3 summarises how huge wealth was created by Venture Capital investment in the case of Amazon.com

Diagram 2.5.3

Source: TEN3COACH

IP Friendly Stock Exchanges

IP Based Enterprises can also raise funding from the general public by listing their IP holding companies in some of IP friendly stock exchanges in the region. The quantitative and qualitative criteria for IPO in Malaysia, Singapore and Hong Kong are summarised as follows:-

1. Quantitative Criteria

2. Qualitative Criteria

 STRENGTH AND INTEGRITY OF PROMOTERS & MANAGEMENT

Strong background & experience.

 BUSINESS MODEL

Unique features / competitive edge over competitors.

 BUSINESS PROSPECTS

 R&D CAPABILITIES

 INTELLECTUAL CAPITAL

 STRATEGY & EXECUTION

 CONFLICT OF INTERESTS

There are many advantages as well as considerations for IP Based Ventures to raise funds through public listings. The Pros and Cons of public listings can be summarised as follows:-

Advantages

• Access to capital – for growth & expansion, retiring existing debts, corporate marketing and development, acquisition capital and corporate diversity

• Correct Valuation – share price

• Compensation – to attract & retain talented employees via performance based incentive

• Brand Value – prestige, image and publicity

• Merger & Acquisitions – expansion

• Exit Strategy – offering reward & financial freedom for the founders & employeesse

Considerations

• Disclosure of information – public disclosure eg shareholding pattern, quarterly & annual financial statement, profile of directors, etc

.• Decision take time – BOD approval

• Cost of IPO – one time expenditure

• Complication of operation

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IP ENFORCE

Reacting To An IP Infringement

• Monitoring
• Investigation and evidence collection
• Evaluation of the case
• Evaluations of possible means and reaction plan

Monitoring

Monitoring can be made “spot” or continuosly, by the IPR owner or by experts, formally or informally. Discovering the infringement as soon as possible is essential. The sooner is discovered the infringement less expensive and more effective is the reaction.

Investigation and evidence collection

Before reacting it is important to know infringer and infringement. If formally acquired knowledge can be used as evidence during enforcement. Investigation and evidence collection can be made by the IPRights owner or by experts.

Evaluation of the Case

It must be evaluated the legal and technical merits in the light of the evidence collected. This evaluation is made by experts, internal to the company or external. This is essential to plan the reaction.

Evaluations of possible means and reaction plan

Consider the means, targets, timing, cost, etc

The three options opened to IP Owners

A. Cease and Desist letter + negotiation

B. Administrative Enforcement

C. Civil Judicial Action

Cease and Desist Letter

One of the tactical step an IP owner can take in the event of IP infringement is to issue cease and desist letters to the infringers and issue a public warning to the market at large. The Cease and Desist letter can serve as a negotiation chips for ensuing settlement arrangements.

Administrative Actions

In cases where the infringers do not have the financial means to pay damages, the most effective reaction will be to institute administrative action to put an immediate stop to the infringing actions. The pros and cons of adminstrative actions are summarised as follows:-

Civil Judicial Action

If the defendant is a serious offender and on-going business convern, the IP Owner may want to institute civil judicial actions to claim for damages. The remedies claimable under a civil judicial action include:

A. Injunctive Reliefs

B. Damages

C. Costs

Damages are quantifiable by of actual loss of sale by the plaintiff or account of profit by the infringers.

In a case involving Creative Technology and Apple, Inc, Creative successfully used its patent on “Automatic hierarchical categorization of music by metadata”” to claim $100M from Apple. The one-time licensing payment of $100 million will contribute approximately $.85 of earnings per share to Creative’s revenues for the quarter, ending September 30, 2006. After the settlement was announced during after-hours trading, Creative share price surged nearly 37 percent. As a result, Creative also become a “Made For iPod” program partner.

In another case involvoing Amazon.com and Barnesandnobel,com, Online retail giant Amazon.com has filed suit against Barnesandnoble.com, alleging that the rival book and music e-tailer illegally copied Amazon’s patented 1-Click technology.The company began offering the 1-Click feature in September 1997. The case was settled for unspecified amount of damages.

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IP STRUCTURE

Objectives

PINTAS IP Structure Service seeks to devise and implement an optimum corporate structure for IP based companies through the setting up of Intellectual Property holding companies incorporated in selected offshore jurisdictions in order to make the companies eligible for a minimum rate of withholding tax, little or no tax in the country of residence of the licensor or the property, and little or no withholding tax in the countries through which the intellectual property is licensed.

Background

In the absence of careful planning, owners of intellectual property can find their profits seriously eroded by both taxes on profits and by withholding taxes.

IP as the Engine of Growth in Knowledge Based Economy

In the knowledge based economy of today, there is a growing trends to focus more on IP related activities, like brand building and R&D. Limited value added manufacturing activities, are routinely outsourced to third world countries. The value shifting trends can be illustrated by the diagram below.

For example, IP based companies like Nike has been actively outsourcing its manufacturing activities to low cost countries like Vietnam, China and Indonesia while at the same time spending millions developing, owning and promoting its brands and innovative designs.The establishment of IP holding company, therefore, is to capture the centre of gravity of corporate value is entirely consistent with the general value shifting trends in our knowledge based economy.

Tax Planning Through IP Holding Company

To achieve greater tax efficiency for the group, an IP Corporate Structure, which involves the establishment of a special purpose vehicle that holds all the vital IP assets of the company as shown in Diagram 2.1 is proposed.

The IP holding company will preferably be set up in jurisdictions that levy minimum taxation (usually less than 10%) for all royalty income accruing to the IP assets owned by the IP holding company. For greater tax saving, an intermediary company established in a tax treaty jurisdiction can be utilized to minimize withholding tax exposures suffered by payers of royalties. In the structure proposed, the IP holding company will emerge as a profit centre for the group where profits generated by the group operation will be parked. The other activities of the group like marketing and sale, manufacturing and production as well as research and development will be reduced to cost centers. One good example is the tax planning model by IKEA ( see Table 2.2)

Table 2.1: IP Holding Company

Table 2.2 IKEA Tax Model

Advanced Royalties Planning Through Intermediate Royalty Holding Company

Traditional royalty tax planning has involved transferring intellectual property (IP) to a company in a jurisdiction that imposes low tax or no tax on profits. However countries from where royalties are paid generally levy a withholding tax that can be as high as 30%.

It is important to take into account that if IP is transferred after it has become valuable, it likely that there will be capital gains tax implications on the disposal of the IP to the low tax company. It is therefore preferable to aim to transfer the IP to the intellectual property holding company while it is at a low value, or, alternatively, to ensure that the IP is developed by the company that is to ultimately own it.

Diagram 2.3 Royalty Planning: A Basic Structure

In the example shown in Diagram 2.3 above, ownership of the IP is held in an offshore jurisdiction where the tax rate on profits is zero. The offshore jurisdiction grants a sub licence to an intermediate royalty holding company in a tax treaty jurisdiction, which, in turn, licences the IP to a third party.

The Importance of Double Taxation Treaties

If a double taxation treaty exists between two jurisdictions, when royalties are paid the withholding tax rate will be no greater than the rate specified in the tax treaty between the tax treaty jurisdiction and the country paying the royalty. This rate is generally significantly lower than the standard withholding tax rate.

Intermediate Royalty Holding Company Location

The jurisdiction for the location of an intermediate royalty holding company should offer the following beneficial features:-

● Access to a large network of double taxation treaties

● Low corporate tax rate liability on royalties received

● The ability to pay-on royalties without withholding tax

● The eligibility of royalty payments as a deductible expense against royalty receipts

● The ability to get tax rulings on the margin to be retained in the intermediate company

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IP PROTECT

Diagram 2.3.1

IP Protect Module entails identification and capturing of vital intellectual capital and knowledge
developed by a company in the course of its operations. These critical intellectual capital or
knowledge which contribute to overall competitive advantage of the company can be owned in the
forms of patents, trademark, copyrights, industrial designs or trade secret depending on the nature
of the knowledge. The challenge of IP Protect Module is to identify the sum total of knowledge or
intellectual capital of an organisation, capture and codify the knowledge to become intellectual assets
of the organisation and eventually selective protect the intellectual assets so that they become
proprietary of the oganisation as illustrated by the Diagram 2.3.1 above

The Table below summarises the different categories of intellectual property assets protectable by the
intellectual property system. In essence, intellectual property system protects intangible assets
which are the fruit of creative or innovative capacities of the mind and grants the owner the exclusive
rights to commercial exploit the assets for a limited duration of time.

Table 2.3.2: Summary of Different Categories of IP Assets

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IP STRATEGY

Objectives:-

To maximise and optimise the role of IP Assets in enterprises’overall corporate strategy

Overview:-

In today’s knowledge based economy, intellectual property assets such as patents, trademarks, design,

etc are one of the most important strategic resources of a technology venture. By incorporating the

intellectual property assets to the new products and services, the new ventures seek to create value in

two ways.

First, the intellectual property assets create value through increasing the willing to pay (WTP) of the

customers by making the products or services more innovative, differentiated or branded.

Secondly, more value is created if the intellectual property can help to lower overall operating costs

like the manufacturing, market expansion or financial costs. The value creation function of

intellectual property rights can be represented by the intellectual property value chart in Diagram

2.2.1.

2.2.1 Intellectual Property Strategy Chart

As profit is a function of the difference between price and cost multiply by volume, an intellectual

property based venture can enhance shareholders values by offering unique, differentiated,

un-imitable solutions to satisfy the unfulfilled needs of the market place.

Methodology

During this exercise, enterprises will need to relook into the roles of IP assets in their overall business

model. Due to the preferential treatment accorded to IP assets ( compared to other classes of asset)

under our tax and accounting system, the IP assets are increasingly becoming more important in the

overall corporate strategy planning. To this end, enterprises will be encouraged to modify their

business model or revenue model to make IP asset, a centre piece of corporate strategy. There are

different ways where a venture can use its intellectual assets to enhance its competitive edge. It can

implement the intellectual property rights in its product lines or services and charge a price premium.

It could also license the intellectual property assets to third party companies in exchange for royalties.

Alternatively, the venture can leverage on the intellectual property assets, e.g. a process patent, to

encourage entities in the applicable industry to adopt the process as industrial standard based on a

royalty-free or minimum royalty basis for all the interested party. The intellectual property asset

owners would benefit from increased volume over the network as a result of the standard being

adopted by the industry.

By way of illustration, we can look at the google business model (see Diagram 2.2.2) to see how

values are being captured. Google creates willingness to pay by advertiser by having comprehensive

and relevant search capability , ease of use, global access, multiple access platform (all this features

are protected by patents), global brands ( protected by trademark). The revenue are generated when

advertisers are willing to pay target advertising to a large user base.

DIAGRAM2.2.2 : Google Business Model

At the end of the IP Strategy exercise, we hope to produce a improved business and revenue model

that corporate structure that utiiise IP assets to optimise the overall corporate value.

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IP AUDIT

The objectives of IP Audit are:-

1. To determine what are the sources of competitive edge that form the core competencies of an

enterprise and whether these core competencies are adequately protected by the enterprise.

2. To determine whether the enterprise has set up a IP management system to capture all critical

IP generated by the employees and prevent potential leakage of valuable trade secrets.

3. To ensure that the enterprise enjoys freedom to operate its sphere of business operation and

has also put in place an internal monitoring system to manage legal risks associated to third

party IP rights.

Overview:-

IP Audit requires a two-pronged approaches. Firstly, the enterprise will undergo an internal review of

its IP protection system and portfolio of IP assets. The internal review exercise will examine whether

these IP protection system are adequate to capture the internally generated IP rights and keep the core

competencies of the enterprise in its key markets. Secondly, the enterprise will be encouraged to

adopt a monitoring system that vigilantly carries out an external review of the IP positions held by

other market players in order to minimise the risk of IP infringement.

Methodology:-

Under the internal review process of the IP Audit module, we shall carry a thorough review of the

enterprise’s business model to find out where is the source of competitive advantages. To attain

sustainable competitive advantage, the enterprise will need to ensure that these core competencies are,

to the extent permissible by the law, fully protected and owned by the enterprise in its key markets.

During external review process, we shall advise the enterprise to set up a IP monitoring system that

carries out an external reviews of the IP positions held by other market players in order to ensure that

there is freedom to operate and the risk of IP infringement of competitors’/ third party’s IP rights can

be minimised. The competetive IP Intelligence obtainable from various sources can summarised by

the diagram below:-

Identifying patent risks and opportunities are essential for developing a business strategy in today’s

knowledge economy. From analysis of the relative strengths of our own patents vis-à-vis competitors’

patent, we can devise an appropriate strategy ( as suggested by the table below) to manage our risk in

a ever competitive marketplace.

At the end of the IP Audit exercise, the enterprise will know what are the key value extraction points

in their business model. Recommendations will be made on how these sources of conpetitive

advantage can be effectively owned/protected under of IPR system. The enterprise will be encouraged

to establish an external IP intelligence gathering system to ensure there is sufficient freedom to

operate for the business in the market place.

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知识产权保护新技术 光伏发电业发展神速

自古以来，太阳辐射的能量远比我们所需要的来得更多。随着现代工业的发展，全球能源危机问题日益突出。因此，如何充分利用太阳能解决能源短缺的问题，已成了许多企业研发的项目。

太阳能光伏（Photovoltaic）是利用太阳能电池直接将太阳能转换成电能的一个系统，将是长期解决能源不足的方法。

其实，光伏发电原理早在1839年就出现。直到1950年代，太阳能电池开始进一步发展和面市后，光伏发电才开始为人所知。然而，当时光伏发电价格昂贵，因此商业化运用的市场极小。

随着1990年代并网光伏发电系统（grid-connected PV system）出现后，光伏发电产业迅速腾飞，从2002年起，以48%的年增长率，成为全球发展最迅速的能源科技。

保护商业秘密

在能源科技领域，西班牙的伊索福通（Isofoton）是世界领先公司之一。他始终独占新技术的鳌头，提供最佳的能源解决方案。
伊索福通的研发部总监透露了公司的战略，该公司运用知识产权战略和创新的技术，在一众竞争者中保持领先的地位。然而，如何将开发的新技术，转换成为资本就显得非常重要。伊索福通意识到这一点，所以他利用知识产权保护新技术，并在其中获取必要的利益和竞争优势，这项战略使伊索福通成​​为太阳能技术的先驱。
毕竟，研发新技术是伊索福通最重要的资产之一，并且保护其商业秘密的成本低于知识产权，这使该公司有更多的资源来开发新技术。
由于伊索福通遍布全球，因此寻求知识产权极其重要。虽然伊索福通早期有两次几乎面临破产的纪录，但它的知识产权管理策略促使它不断的创新，并取得商业上的成就。
通过开发新技术并针对市场和知识产权战略，无论是在内部或合作开发创新，伊索福通加强研发的潜力，并保持着竞争优势，使其能够成长并享受成功。
伊索福通除了申请专利，还将公司名称、标志和各种产品的名称注册了商标，并取得了多个国家的申请，知识产权的管理策略让它能够在竞争市场上成为佼佼者，并保护创新的技术以获取更多的利益。
这项技术持续发展，可以减少我们依赖有限的资源和恶劣的环境，为发展中国家带来电力，建立一个更环保和更光明的未来。

About the Author
Mr. Lok Choon Hong is the founder director of Pintas IP Group, an intellectual property rights consultancy firm. He holds a Bachelor of Law Degree from University of Malaya and Master of Laws Degree from University of Cambridge, United Kingdom specializing in intellectual property law. He also holds an executive MBA degree from INSEAD, France/Singapore and EMBA from Tsinghua University, Beijing, China.
Mr. Lok specializes in all aspects of intellectual property registration, transfer, licensing, commercialization, enforcement and advisory work in the Asean and China regions for the past fifteen (15) years. Apart from IP consultancy works, Mr. Lok is also actively involved in venture / angel capital investment in IP based companies. He is the founding president of Association of Intellectual Property Entrepreneurs and Organisations (AIPO), a NGO established to promote monetization and commercialization of intellectual property assets.

Pintas IP Group
A multi- disciplinary intellectual property rights consultancy firm with offices based in Malaysia, Singapore, Philippines and Brunei with representative offices in Shanghai, China and Boise, USA. PINTAS provides customized solutions relating to patents, trademarks, industrial designs, copyrights, trade secrets and other forms of intellectual property assets.

Article source: China Press http://www.chinapress.com.my/node/422558

For more details, please contact:
PINTAS IP GROUP
Tel: 03-78765050
Fax: 03-78762678
Website: http://www.pintas-ip.com
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奈科明专利申请 带动新产品营业额

制药公司奈科明（Nycomed）的研发战略，是寻找各个阶段的产品开发与发现商业机会，主要产品包括针对骨质疏松症、胃肠道疾病、促进伤口愈合药物和心脏病与抗凝血剂。

奈科明与许多竞争对手不同，较少关注创新产品，却不断扩大现有产品，包括从其他公司授权产品。奈科明的业务和增长战略是基于长期合作伙伴关系，与其他药物的开发。

该公司的宗旨是通过许可协议或与外部合作伙伴，共同发展扩大其药物，并预期未来产品将大部分来自于奈科明。

奈科明公司授权合作伙伴大部分都是美国药品和小型生化技术公司，否则将很难进入复杂的欧洲市场。

这一战略是该公司本身与合作伙伴及外国公司互相受益，并将新产品带到新市场的机会。奈科明也利用收购与合并等计划提供商业机会。

2007年，公司购买德国Atlanta制药公司。该合并公司继续在奈科明公司名字的经营下在瑞士成立总部。同年，还签署了一项协议收购美国Bradley制药公司，这将有利于奈科明促进其在美国的商业利益。

奈科明非常注重其商标的保护，也将所有产品名称注册个别国家与国际商标。

公司对新产品专利有一套程序，专利在国家知识产权局有很多申请，所以成本较低，程序上也相当熟悉。这使公司一年来决定扩大其专利范围，截至2010年，奈科明在专利合作条约（PCT）下已提交超过400件申请。

Protonix是奈科明拥有全球普遍降低胃酸的药物之一，并授权给美国制药公司。在2007年，销售额达到1.9亿美元（约5.8亿令吉）。

在2007年底至2008年初，有2家制药公司开始销售仿制产品，于是奈科明向这2家公司的侵权行为提出诉讼。

2010年7月，美国地区法院赞成下级法院的陪审团裁决，确认奈科明公司的Protonix专利是有效的，并针对这2家侵权的制药公司寻求损害索赔。

知识产权的保护是产品行销成功关键之一，奈科明在2003年，营业额46%来自专利保护的产品。在2006年，数字上升到55%和60%之间，并预计更多专利的申请将会使新产品的营业额持续上升。

奈科明藉由知识产权，让公司在市场上保持主导地位与竞争力，并取得亮眼成绩。

About the Author
Mr. Lok Choon Hong is the founder director of Pintas IP Group, an intellectual property rights consultancy firm. He holds a Bachelor of Law Degree from University of Malaya and Master of Laws Degree from University of Cambridge, United Kingdom specializing in intellectual property law. He also holds an executive MBA degree from INSEAD, France/Singapore and EMBA from Tsinghua University, Beijing, China.
Mr. Lok specializes in all aspects of intellectual property registration, transfer, licensing, commercialization, enforcement and advisory work in the Asean and China regions for the past fifteen (15) years. Apart from IP consultancy works, Mr. Lok is also actively involved in venture / angel capital investment in IP based companies. He is the founding president of Association of Intellectual Property Entrepreneurs and Organisations (AIPO), a NGO established to promote monetization and commercialization of intellectual property assets.

Pintas IP Group
A multi- disciplinary intellectual property rights consultancy firm with offices based in Malaysia, Singapore, Philippines and Brunei with representative offices in Shanghai, China and Boise, USA. PINTAS provides customized solutions relating to patents, trademarks, industrial designs, copyrights, trade secrets and other forms of intellectual property assets.

Article source: China Press http://www.chinapress.com.my/node/420585

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Tel: 03-78765050
Fax: 03-78762678
Website: http://www.pintas-ip.com
Email: pintas.my@pintas-ip.com
Address: No. 19, Jalan SS1/36, 47300 Petaling Jaya, Selangor.