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IPRs Marketplaces for Cultural and Creative
Industries
Emmanuel GILLET, Ph D Visiting Scholar, European Union Academic
Programme Hong Kong
BIP Asia
6 December 2013 Hong Kong Convention and Exhibition
Center
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
① Definition ② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
① Definition ② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
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
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
Intermediary IP Marketplace
Provider
IPRs Owners IPRs Buyers
IPRs Marketplaces ① Definition Players Simplified Structure
Contract
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
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
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
Pixopolitan.com / TaC “Photographers still remain owners of their intellectual property rights”
IPRs Marketplaces ① Definition What is not an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ① Definition What is not an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ① Definition What is an IP Marketplace
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
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 af ter the Buyer a p p r o v e s t h e f i n a l deliverables, we pay the Creative and the rights to that work transfer to the Buyer under a written contract.”
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
① Definition ② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ② Role of an Intermediary From a limited role…
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ② Role of an Intermediary … to an extensive role
IP Services
ü Meeting point platform
ü Valuation
ü Venture Capital Funding
ü Licensing / Brokerage
ü Auctions
ü Insurance
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
① Definition ② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ③ Business Opportunities Contracts
Transfer of the ownership
Territories
t
Licensing Agreements
Exclusive
Non-Exclusive
Cross-Licensing
Open Licensing
Partnership Agreements
Joint Venture
R&D Contract
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ③ Business Opportunities Elements to take into account
Quality
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ③ Business Opportunities Elements to take into account
Exclusive v. Non-Exclusive License
Non-Exclusive Licenses
Exclusive Licenses
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ③ Business Opportunities Elements to take into account
Compensation / Royalties
iSto
ckP
hoto
s.co
m
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
IPRs Marketplaces ③ Business Opportunities Elements to take into account
Compensation / Royalties
Dre
amst
ime.
com
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
① Definition ② Role of an Intermediary
③ Business Opportunities
④ Risks Management
IPRs Marketplaces
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
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)
CC BY-NC-ND 4.0 | 2013 Emmanuel GILLET
