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www.sisvel.com. Licensing and tech transfer: making the most out of your patents London – April 5, 2011 Giustino de Sanctis CEO SISVEL INTERNATIONAL SA. Success for New Technologies Requires Interoperability Interoperability needs Standardization, Possibly Worldwide
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www.sisvel.com Licensing and tech transfer: making the most out of your patents London – April 5, 2011 Giustino de Sanctis CEO SISVEL INTERNATIONAL SA
Success for New Technologies Requires Interoperability Interoperability needs Standardization, Possibly Worldwide Standardized Technologies are the Result of the Contribution of Many Parties and are Covered by Many Patents
The Significance of Intangible Assets Components of S&P500 companies’ Assetts Source: Ocean Tomo 2010
The Increasing Globalization of Licensing The world is becoming smaller and successful standards are now adopted worldwide Licensing has always been an international business, but never as much as today Global presence is a must for properly managing licensing programs Understanding local culture is also critival to address and resolve problems
Sisvel’s Global Presence SISVEL International S.A. Luxembourg SISVEL Germany GmbH Stuttgart, Germany SISVEL Japan K.K. Tokyo, Japan SISVEL S.p.A. None, Italy SISVEL (Hong Kong) Ltd. Hong Kong Edico, S.r.l. Rome, Italy SISVEL US, Inc. Audio MPEG, Inc. Alexandria, VA SISVEL Technology S.r.l. None, Italy
The Increasing Globalization of Licensing:Tax Considerations Consider differences both in tax treaties and in local taxation when deciding where to locate your licensing activities Using the most efficient jurisdiction can noticeably reduce overall taxation burden However, don’t limit analysis to tax efficency, also consider administrative burdon associated with any specific structure Global presence greatly helpful in efficently managing licensing programs
The Increasing Globalization of Licensing:Emerging Markets Licensing is a global business, but never underestimate the importance of local culture However, don’t let local culture undermine the fundamentals of your licensing program Avoid discrimination at all costs Almost nothing can be truly kept confidetial, and in most emerging countries the exchange of information among companies is the rule rather than the exception
The Increasing Globalization of Licensing:Antitrust Considerations • Antitrust has become the defense du jour against licensor – it is often being used just as any other legal tool in litigation • Be aware of antitrust rules: • Make sure to ask for advise from antitrust expert very early on, but don’t let the fear paralyze your licensing activities • Make sure to kept up to date with developments • Be aware of the increasing attention given to antitrust from country other than US and EU
The Increasing Globalization of Licensing:Take-Away Points In our global market it is important to keep in mind tax issues when designing a licensing program Think globally act locally, this is true in business, but it is even more relevant in licensing Considering antitrust rules before starting a licensing program is always a good idea
www.sisvel.com Licensing and tech transfer: making the most out of your patents London – April 5, 2011 Giustino de Sanctis CEO SISVEL INTERNATIONAL SA