Market share or sharing the market?

Rue de la Loi 81A 1040 Brussels, Belgium Tel: +32 (0)2 233 11 80 - Fax: +32 (0)2 231 08 35 - www.eirma.org guidlines for open office export to pdf with letterhead guidlines for open office export to pdf with letterhead EIRMA/12.085 Market share or sharing the market? How to use IP to optimize your business SIG-II Meeting, 29&30 November 2012 Hotel Mercure St Georges, Toulouse, France Summary The recent intense discussion and speculations in the public media about the consequences of the worldwide patent and design disputes between Apple and Samsung demonstrates that even the general public is nowadays aware and concerned about the fact that (friendly) licensing is not the only (possible) way to use the own IP in the global competition about market shares and revenues. But when do you litigate, i.e. when do you use the monopoly character of your IP by suing your competitors for IP infringement in order to keep them out of the market and to secure or even increase your own market share? And when do you grant licenses on your own IP to your competitors, i.e. when do you intend to share the market with them? And finally, when do you conclude cross licenses with your competitors or other parties, i.e. when do you intend to exchange mutual IP licenses for the benefit of both you and your counterpart regarding market shares and market access - at the expense of the other competitors? This meeting of the Special Interest Group on IP Management will investigate the two sides of IP exploitation and explore ideas when, and how to, successfully take advantage of your IP for optimizing your business. Various examples of best practices, lessons learned and pitfalls to be avoided when exploiting your IP will be discussed. In this context we will also address who in the company should take the lead in the exploitation of the company s own IP. Is it the in-house IP Attorney? Or is there a change from the traditional IP Attorney towards an IP Value Creator? What is the competence profile and function of such an IP Value Creator? Do we perhaps need IP exploitation teams and, if yes, which other profiles or functions should be present in such teams? Issues addressed < IP licensing vs. IP enforcement < How to use the monopoly character of the IP to keep exclusivity on the market? < Is there a paradigm shift in certain industrial sectors from exploitation to enforcement? < How can public research institutions exploit their patents? < The role of public sector in IP exploitation < IP disputes: how to solve a problem without having to go to court, i.e. what happens if you don t go to court? < How ADR (Alternative Dispute Resolution) can help you solving IP disputes? < The new role of an IP Value Creator in IP exploitation: are IP attorneys suited for this role? Should inhouse IP attorneys work evolve away from traditional IP prosecution towards IP exploitation? < Which new mindset and knowledge is required for exploiting IP? Target Audience R&D, innovation & intellectual asset managers and experts, IP managers, patent attorneys as well as business strategy, business development, marketing & product managers, and in particular people who work in the field of IP exploitation. Chairman Dr. Werner Fröhling Managing Director, Flooring Technologies Ltd and Chief IP Counsel for the Swiss Krono Group Innovation Processes Business strategy 8 Online registration before 19 November 2012 on EIRMA website: http://www.eirma.org Key themes Intellectual Asset Management People and Knowledge Public frameworks

As the meeting will be held in Toulouse, the town of Airbus, we have organised on Thursday afternoon a special visit of A 380 final assembly line as well as an exclusive IP tour conducted by Wulf Höflich, Chief Intellectual Property Officer of EADS Head Office. PROGRAMME Thursday, 29 November 2012 13:30 Departure from Hotel Lobby 14:30 17:30 Visit of Airbus production facilities & IP guided tour 18:00 19:00 Visit of Toulouse major points of interest (by bus) 19:30 Dinner at a local restaurant

PROGRAMME Friday, 30 November 2012 08:30 08:40 Opening and welcome Ms. Camille Roy, Programme & Members Relations Manager, EIRMA Dr. Werner Fröhling, Chairman of SIG-II and Managing Director, Flooring Technologies Ltd. 08:40 08:45 Update of WG on Risk Management: publication of EIRMA Insight gathering the main issues discussed in the working group Ms. Beatrice Bianchini-Burlot, Group Manager Innovation Projects, Patents, EDF Recherche et Développement 08:45 09:30 EADS technology licensing initiative and its challenges This presentation will explain how the aerospace group is dealing with IP exploitation and technology licensing at a large scale. More information will be provided soon. Mr Wulf Höflich, Chief IP Officer, EADS 09:30 10:00 Renault Technology Licensing: Marketing of a patents portfolio; from idea to deployment This presentation will describe how from the initial idea the deployment has been done and will give both an overview of pitfalls and tips. Mr. Jérôme Laguette, Intellectual Property Licensing Director, Renault "Corporate Strategy & Planning 10:00 10:45 How companies and universities can leverage IP investment fund to develop their Licensing? Develop licensing activities require strong investment from any patent owner, incl. Human resources investment to build the team, funds to identify the assets and size the opportunity and finally funds and skills to build a licensing program, collect infringement evidence. It also represents challenges to identify the licensing opportunity compatible with the business model of any patent owner and also the rights (counteractions, commercial retaliations) and mitigation tactics to address them. This presentation will present specific use cases explaining how companies and universities can leverage IP investment funds to structure their licensing activities and reduce their risks associated with them. Yann Dietrich from France Brevets will also share its views on how the mobile patent war is deeply affecting the IP landscape and therefore the licensing market. France Brevets is the first IP investment fund in Europe dedicated to help French & European universities, SMEs and companies to monetize their patents. France Brevets has been created in 2011 and its investors are the French State and the CDC (Caisse des Dépôts et Consignations) which invested 100M EUR. Their business model is primarily to help their partners to fund the development of their IP activities and to assist them in doing so with their internal licensing team. Mr. Yann Dietrich, Vice President - Electronics & IT, France Brevets 10:45 11:15 Coffee Break

PROGRAMME 11:15 12:00 Drug development for Neglected Tropical Diseases (NTDs): does IP has any role to play in the absence of a profitable market? Communicable tropical diseases are plaguing the poorest population of the countries where these infections are endemic. Most of the time, such patients cannot afford to pay for medicines that can potentially save their lives. As a consequence of this absence of market, pharmaceutical companies have not invested any significant resources to develop drugs to treat these illnesses. In order to address the critical health issues and in the absence of any significant economical drivers, several not-for-profit organizations financed by philanthropy and public money were created in the past 15 years. These Product Development Partnerships (PDPs) focus on R&D to develop drugs, vaccines and diagnostics that are critically missing to treat NTDs. Working in partnership with the public and private sector, PDPs have to negotiate the access to assets (compounds, technologies, etc.) from both the public and private sector through adequate licensing agreements. Indeed, it is of the upmost importance to insure that the end product will remain financially accessible to the patients. The presentation will outline the obstacles and difficulties encountered in insuring the required access provisions to essential IP assets with both the public and private sector, and use some examples to illustrate how appropriate solutions can be found. Jean-Pierre Paccaud, Director Business Development, DNDi (Drugs for Neglected Diseases Initiative) 12:00 12:30 Discussion and debate of morning presentations 12:30 13:30 Lunch 13:30 14:30 Efficient Resolution of IP-related Disputes: WIPO Mediation, (Expedited) Arbitration and Expert Determination WIPO and the WIPO Arbitration and Mediation Center Alternative Dispute Resolution (ADR) in General How does WIPO ADR Work WIPO Mediation and Arbitration Case Examples Drafting Effective ADR Clauses Preview - Results Survey on Dispute Resolution in Technology Transactions WIPO Caseload Ms. Judith Schallnau, Legal Officer, WIPO Arbitration and Mediation Center 14:30 15:15 Update on U.S. patent law reforms Moving from first to invent to first to file patent system: - New prior art definition - Revised grace period Patent Office procedures for resolving disputes - New opposition procedure - Immunize your patent against inequitable conduct - Inter partes review patent challenge - Business method patent challenge Thomas P. Canty, Leydig, Voit & Mayer, Ltd. 15:15 15:45 From IP attorney towards IP value creator: do we need other profiles or functions in IP teams?

After an introduction to set the scene, this working session on IP professionals will discuss the required new profile for IP professionals: is there a new character coming up? Which mindset and knowledge are needed for exploiting IP? Are patent attorneys suited for this role? Should IP attorney evolve into exploitation? Introduced by Geert Defieuw, Director Intellectual Property & Education, Umicore 15:45 16:00 Wrapping-up and conclusions Next meeting date and topics Common meeting with Special Interest Group on Knowledge Management scheduled in Spring 2013.

PRACTICAL ARRANGEMENTS Venue & Accommodation Hotel Mercure St Georges Rue Saint Jérôme 31000 TOULOUSE Tel. (+33) 5/62 27 79 79 Fax. (+33) 5/62 27 79 00 Email : H0370@accor.com Website : http://www.accorhotels.com/gb/hotel-0370-mercure-toulouse-saintgeorges/index.shtml EIRMA will book accommodation as required on behalf of participants. The rate for a single room is 146, breakfast and service included, to be paid directly to the hotel. Visit Departure at 13:30 from the hotel lobby on Thursday 29 TH November Dinner Restaurant will be communicated later Transportation By Public Transport: From Toulouse Blagnac airport: by taxi about half an hour (30 ) From Railway Station Toulouse Matabiau By taxi: about 10 min (10 ) By metro: about 5 min, line A to metro station Capitole (about 5 min) Registration Please register as soon as possible but certainly before 19 November 2012. The online registration form is available on the EIRMA Website The meeting registration fee of 550 covers the cost of meeting facilities, city tour, get-together dinner and lunch. Special fee for Speakers: 275 or 1 free invitation (subject to agreement by Operations Team) Payments We prefer payment by bank transfers but can also accept cheques provided this is at no cost to the Association. All participants will receive confirmation letters and an invoice or receipt as appropriate. Cancellations Please give as much notice as possible if you are obliged to cancel. We will refund the registration fee for cancellations received 72 hours before the meeting. Unfortunately we have no control over the hotel s cancellation policy and you may be required to make full payment for cancelled rooms that remain unused. Names may be substituted at any time without charge.

REGISTRATION FORM Market share or sharing the market? How to use IP to optimize your business 29 & 30 November 2012, Hotel Mercure St Georges, Toulouse, France 8 Online registration available on EIRMA Website: http://www.eirma.org Please return to EIRMA before 19 November 2012 by e-mail to cternest@eirma.org or register on-line. Title: (Prof./ Dr./ Mr./ Mrs.):.... First Name:.... Last Name:.... Position:... Company:..... VAT number:..... Address:...... ZipCode:. City:...... Tel:.. Cell:... E-mail:. Assistant s e-mail:. I will q / will not q attend the visit of A380 Final Assembly Line on 29 th November 2012 If you wish to attend the visit, please fill in the information below and remember to bring your passport. Date and place of birth: Nationality: Passport number:...... Due to high security requirements at Airbus you will not be permitted to participate in that tour if the requested information has not been received by EIRMA by 19 th November at the latest. I will q / will not q attend the dinner on 29 th November 2012 I will q / will not q attend the meeting on 30 th November 2012 I will q / will not q require hotel accommodation for the night of 28 th November 2012 I will q / will not q require hotel accommodation for the night of 29 th November 2012 (See Practical arrangements ) Event's fee: 550.00 (VAT excluded) or 665,50 VAT included (*) The meeting registration fee covers the cost of meeting facilities, refreshments, dinner and lunches. *If your company is located in Belgium, or if your organisation is not submitted to VAT, 21% VAT will be added to the event s fee. Payments by credit cards are currently not possible. Please apologize for the inconvenience. Mode of Payment qcheque qbank Transfer Account N 363-1073576-20 ING Rond Point Robert Schuman 8 1040 Brussels - Belgium IBAN: BE28 3631 0735 7620 - BIC: BBRUBEBB EIRMA, as an international association of Belgian law, is subject to VAT For any further information please contact Mrs. Carine Ternest, EIRMA Operations Team Tel. + 32 (0)2 233 11 80 - Fax: + 32 (0)2 231 58 43 - e-mail: cternest@eirma.org