Licensing is an alliance between the owner of an IP and another who is authorized to utilize IP rights. Licensing may be used successfully with most forms of IP and services. Licensing is one of the most exciting activities of the marketing mix because it allows IP owners to leverage the value of their IP and infrastructure, in areas outside their current existence. Some of the benefits of licensing include:
A Patent or Trademark Analysis is the primary tool for addressing the strategic management of an IP owner's technology, brand, product or service development process. It is the process by which an IP's competitiveness is analyzed; in patents this is done first through evaluation of claims, and then results are translated to forecast trends, and plan for potential competition based on new technologies, product and market trends.
ROYCE IP believes that patentability opinions, including forward and backward citations require an analysis of the patent claims before financial and economic methodologies are considered. The same is true of trademark analysis. A common mistake by IP owners is their reliance on an IP firm that applies a "one-size-fit's-all" approach. ROYCE IP conducts an analysis of the IP, applying a proprietary scoring matrix to the IP and then combines the scores into the appropriate strategic analysis and valuation approach.
Infringement Damages Analysis includes an understanding of related concepts such as causation, foreseeability and mitigation. ROYCE IP utilizes economic models and accounting techniques, combined with IP experience, to develop an infringement damages or lost profit analysis report. Our reports are designed to present results in a concise, understandable format, for a court or for purposes of negotiations. We understand the analytic methods necessary to advise clients regarding the amount of lost profits and other measure of damages. Areas of specialty include patents, trademarks and Rights of Publicity.
IP Valuations are one of the most critical management decisions an IP owner can make; valuations play a key role in many areas of finance such as buying or selling, solvency, investing, mergers, acquisitions and licensing; and infringement damages calculations.
Entering into negotiations to buy, sell, merge, invest, license, litigate or settle without an understanding the value of your IP, is akin to allowing your business to be settled by chance.
ROYCE IP conducts analysis utilizing all relevant and applicable valuation models.
ROYCE IP supports its clients by providing a unique platform for brand growth and product development through combined expertise in IP, marketing, promotion, and sales and distribution. ROYCE IP's expertise in developing IP growth strategies is just the first step of proposed involvement. Team ROYCE IP taps into all relevant resources and approved elements of your growth strategy program, including but not limited to IP registration and protection, product and risk analysis, market analysis, marketing, promotion, legal, and where appropriate licensing and/or other approved transactional matters that support growth opportunities, across all channels of distribution. Team ROYCE IP provides our clients with a unique platform for growth that no other firm provides, we walk with our clients from the concept phase of their IP to market implementation. ROYCE IP works hand-in-hand with your team, to assist you in reaching your growth objectives.
ROYCE IP has extensive experience in licensing, developing and administering portfolios worth over $20,000,000.00. Our licensing and valuation experience includes all forms of IP and technologies. Unique to the task of valuing a licensed IP is the requirement of evaluating related IP asset groups, the IP's strengths and weaknesses, it's role in the current and potential markets, licensees and other stake holders, risks, competitive assets, royalties and incorporating the findings into the appropriate valuation methodologies.
Solicitation and evaluation of a qualified licensee is as important of administering the contract. Over the last 20 years of experience in licensing, ROYCE IP has developed a unique protocol for evaluating potential licensees, which includes conducting an evaluation of the potential licensee, risk and industry analysis.
The right of publicity ("ROP") also known as personality rights, is the right of an individual to control his or her name, likeness, image, or other unique aspect of his or her identity. One of the most critical elements of ROP licensing or litigation damages analysis, is an IP valuation. ROP is a very complex arena of IP business. As one example, in a recent case, M. Jordan v. Jewel Stores Food, Inc., et. al. (2014), the court was called on to determine whether a congratulatory ad was classified as commercial or non-commercial speech under the 1st Amendment. The court found that the ad was a form of image advertising, aimed at promoting goodwill for the store, by exploiting public affection of the celebrity at an auspicious moment of his career. ROYCE IP works closely with attorneys, individuals and estates in developing the valuation damages analysis reports they need for litigation, negotiation and implementing IP growth strategies.
Deals are the culmination of many focused negotiations, usually among various parties, each with its own set of interests and alternatives.
ROYCE IP expert negotiators will navigate you through the complex structure of negotiations, from the analysis and strategy phase through your successful outcome. Our unique ability to identify strengths and weaknesses, isolate constraints and opportunities, and ability to structure the sequences of actions that will shape the structure of the negotiations, is the key to our success.