les Nouvelles August 2018 Article of the Month
More Blurred Lines: On Downstream Infringement And The Disgorgement Of Profits” by Peter Rybolt, Analysis Group Inc., Los Angeles (USA)

In copyright, as well as trademark litigation, litigants and finders of fact face the often bewildering task of determining the extent to which downstream infringers—those companies one or more steps removed from the creative work at issue—may have benefited when someone upstream has usurped another’s work. Often, the results at trial are contradictory. We first review the history and purpose of the disgorgement remedy, identifying tension in the case law and statutes when the subject turns from competitors to downstream infringers. We look at three well-known cases from the world of recorded music—including the recent Blurred Lines decision—highlighting unexplained differences in the treatment of record companies when songwriters are accused of infringement. We then review our understanding of how firms capture value, and illustrate how that understanding can lend guidance to juries in assessing the profits to be disgorged. Our intent is to help reconcile observed differences in the treatment of downstream infringers.

 

Read more…

les Nouvelles July 2018 Article of the Month
Defining Sublicense Income To Avoid Problems Down The Road

by Ashley J. Stevens, D.Phil (Oxon), CLP, RTTP

Summary

This article looks at sublicense income payment provisions in academic licenses. A majority of academic licenses are granted to small companies which are likely at some point to grant a sublicense to a large company to take the product to market. The article examines the three structures that have evolved to share the payments received by the small company from its sublicensee with its academic licensor and then looks at problems that have risen over the issues of milestone payments and profit sharing arrangements.

 

Click here for the complete article…

LES France and APEB are please to invite you to a conference on the theme “Essential Patents and FRAND Licenses – From Standardization to the Calculation of Royalties”

Date: July 03, 2018

Location: Allen & Overy, 52 avenue Hoche, 75008 PARIS
For several years, litigation on essential patents has grown exponentially. After concerning mainly the telecoms and electronics sectors, essential patents are now a concern for a great diversity of industries, such as automotive or IoT. In the absence of specific rules governing “Frand” licenses, it is the courts and the competition authorities that set the rules of the game.

Specialists will discuss how the standards are established, what are the main FRAND case law around the world, and how are the royalty rates for essential patents established.

The conference will take place in English.

It will be followed by a cocktail.

Please click here for more information on the program and registration

At the LES International Delegates Meeting in San Diego the LES Benelux society was granted with a LESI Award for most outstanding event.

Trainers of LES Benelux have been together with the co-organizers of LES China and with Martin Schneider, chair of the LESI Education Committee, a leader in the Licensing Seminar held in Beijing in the autumn of 2017.

During the Annual General Meeting in Rotterdam on 12 June 2018 Jean-Christophe Troussel, board member of LES International, handed over the Award to Laura MacDonald, past president, and Bill Bird, current president of LES Benelux.

Bruno Vandermeulen was awarded a Certificate of Merit for all his work done as chair and member of the LES International European Committee and the close ties he maintained with the European Commission in Brussels which provided up-to-date information on major changes in European IP Legislation.

LES Benelux wishes you a Happy World IP Day!

Every April 26, we celebrate World Intellectual Property Day to learn about the role that intellectual property rights (patents, trademarks, industrial designs, copyright) play in encouraging innovation and creativity.

This year’s World Intellectual Property Day campaign celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.

See: http://www.wipo.int/ip-outreach/en/ipday/

 

 

 

The LESI 2018 Annual Conference “Strong IP drives the bottom line” will be held from 29 April till 2 May in San Diego, USA.

For more information on the program and registration, see the LESI 2018 website

 

Dear Member,

LES Benelux is glad to announce its partnership with LES France for the first European Licensing Survey.

We would appreciate your feedback by March 28th

LES France has been releasing Licensing Surveys in the last 2 years based upon an online questionnaire and interviews of their French members.

With our participation this year, we almost double the participation panel for better insights on the European licensing practices.

We encourage you to take the survey for which you will not need more than 10 minutes : http://sgiz.mobi/s3/4ddb25f0a41c

The results will be released and presented in May and the report will be published on LES website.

Your feedback will help to better understand :

  • the licensing dynamic by industry:  major trends in strategy, negotiation, organization…
  • the legal environment and practices including quality issues with specific questions on China
  • and of course, the Salary packages.

All survey responses will be treated as confidential, and we will report only anonymous, aggregated results.

Thank you for your participation!

 

Bill Bird

President LES Benelux

The les Nouvelles January 2018 Article of the Month is “SMEs And Standard Essential Patents: Licensing Efficiently In The Internet Of Things” by  Harris Tsilikas and Claudia Tapia

The board of LES Benelux is proud to welcome Jurriaan Jansen as new board member.

Jurriaan is a lawyer at Norton Rose Fulbright based in Amsterdam. He is a member of their European Data Privacy Group and global sourcing and technology group and focuses on information technology, intellectual property, and data protection. He advises clients on contentious and non-contentious matters with a focus on strategic copyright advice, IT contracts (including outsourcing, SaaS, and licensing), IP licensing, and data protection. Jurriaan translates commercial arrangements into contractual language and is able to assess the impact of complex requirements and circumstances on what needs to be done from an operational and legal perspective. He also advises domestic and international clients on the various data protection aspects, including those relating to internal and regulatory investigations. Jurriaan is one of the speakers of the annual LES Benelux Licensing Course and regularly teaches and lectures on licensing and data protection.

It is our pleasure to share the latest December 2017 edition of the LES Global News. LES Benelux is proud to present a short report on the Licensing Course in China which was based on the Benelux Licensing course and was co-organised and run with full support and with on-site presence by members of LES Benelux

We also want to draw your attention to the upcoming LESI Annual Meeting in San Diego. Click here for more about the 2018 San Diego Annual Meeting.

The 2018 conference will feature a diverse array of topics ranging from the impact of global regulatory regimens and financial markets on the value of intellectual property (IP) to the potentially revolutionary changes that are predicted for how we perform our day-to-day work as intellectual property and licensing professionals as a consequence of the use of big data and artificial intelligence.

Learn more about the who, what, where and whys behind buzzwords such as blockchain, cryptocurrency, cybersecurity, CRISPR patent pools, standard essential patents, the IP ecosystem, open source and crowd-sourcing as it relates to the management of intellectual capital.

Of course, LESI will also offer sessions on more traditional topics such as licensing and deal best practices in various industries including life sciences and high tech sectors such as aerospace and energy alongside panels tackling issues related to trademark and brand management, start-up financing, IP valuation methods and international trends in patent enforcement.