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Louise Eckersley

Louise Eckersley
PR Manager
louise.eckersley@ffw.com
t. +44 (0)20 7861 4120

Nugent Paula

Paula Nugent
PR Executive
paula.nugent@ffw.com
t. +44 (0)20 7861 4526

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Survey shows companies consider intellectual property crucial in a downturn yet are failing to capitalise on it

17 November 2008

In a survey of companies based in France, Germany and the UK, published today by leading European law firm Field Fisher Waterhouse LLP, 79% believe that intellectual property (IP) is even more important in the current downturn.

Two thirds of companies questioned were planning for growth abroad in the next three years and 68% agreed IP was vital for growth, particularly with the current economic climate making growth through capital intensive methods more difficult. Over half agreed that IP, which includes registered rights, trade secrets and know-how, is likely to increase in value over the next three years.

 

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Two thirds of companies questioned were planning for growth abroad in the next three years and 68% agreed IP was vital for growth, particularly with the current economic climate making growth through capital intensive methods more difficult. Over half agreed that IP, which includes registered rights, trade secrets and know-how, is likely to increase in value over the next three years.

Despite the consensus on the importance of IP, the survey found that 78% of companies are failing to manage it effectively. Under half of all companies have carried out an audit of the IP they own and only 52% have an up to date plan for these assets.  

Neil Foster, Corporate Partner at Field Fisher Waterhouse commented:

“As the downturn deepens the possibilities for expansion through expensive conventional methods are clearly decreasing.  What this research demonstrates is that IP becomes even more important at times like this, when  a squeeze on capital makes it difficult for companies to grow through acquisitions or by establishing subsidiaries. However, if companies review the IP they own and come up with an effective plan of action for its exploitation they can still expand internationally by leveraging that IP.  By increasing understanding of IP within the business, companies can explore the full range of techniques available to maximise the potential of these assets, such as licensing, franchising, merchandising, co-marketing and joint-venturing.”

The survey uncovered the major challenges faced by companies looking to exploit IP, with lack of planning and expertise as well as a fear of regulatory complexity being among the perceived barriers.

61% cite a general lack of expertise in the management of IP as a barrier to leveraging full value, highlighting a potential knowledge gap between the employees responsible for them and the rest of the business.  Companies were also found to have a defensive attitude towards managing their IP, opting for a protectionist strategy focusing on safeguarding existing revenue streams rather than seeking out and developing new ones.

73% see regulatory complexity as a barrier to exploiting IP. Linked to this were fears about high filing and protection costs, with 68% seeing this as a barrier.  Companies tended to be more comfortable with traditional approaches to expansion such as subsidiaries and joint ventures, shying away from other methods such as licensing and franchising which can be far more cost effective and involve less risk.

Mark Holah, Intellectual Property Partner at Field Fisher Waterhouse said:

“For those companies that are planning to grow revenues internationally, our research shows that  IP offers them a great opportunity for growth without major capital expenditure in real estate and hiring people locally.  Despite this, the vast majority feel that they are struggling to exploit these assets, seeing it as too difficult and complex. Many companies prefer to play safe and focus on the protection of revenue streams, rather than seeing IP as an asset to maximise. IP rights can, however, be very powerful tools in the development of a business, providing a cost effective means for growth, with benefits that far outweigh the cost and complexity of management."

For further press information, please contact:
Louise Eckersley, PR Manager, Field Fisher Waterhouse LLP on +44 (0)20 7861 4120.