Areas of Potential Disputes

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Presentation transcript:

Areas of Potential Disputes Françoise Chardonnens Industrial Relations Office Ecole Polytechnique Fédérale de Lausanne WIPO Conference April 25, 2005

EPFL’s Statistics 6’200 students 265 professors 1800 scientific staff Budget : CHF 547 millions of which 25% from external sources WIPO Conference April 25, 2005

Industrial Relations Office (2004) Staff : 7 Research agreements : 254 Invention disclosures : 60 Priority patent applications : 41 License agreements :41 Start-ups : 8 WIPO Conference April 25, 2005

“Sideground” IP Multiple sponsored research projects A day-to-day issue Strategic decisions needed Exclusivity vs non-exclusivity WIPO Conference April 25, 2005

Royalties « x % of the Net Sales » Define licensed products / processes Address different scenarios Arms’ length conditions Minimum royalties WIPO Conference April 25, 2005

Program of non-exclusive licenses Improvements  patent litigation between licensees Impose cross-licensing Licensor to avoid “arbitrator” position WIPO Conference April 25, 2005

Infringements of Licensed Products Plurality of licenses Which obligations for the licensor ? Which rights for the licensees ? WIPO Conference April 25, 2005

Some keys Be sure to have same understanding Build trust with your partner Avoid overstatements Address problems early WIPO Conference April 25, 2005