You manage one or more Patent Pool(s) for a number of holders (licensees) of patents essential to one or several standard(s). The assessment of patent essentiality, drafting license agreements, the license negotiations with prospective licensees, the collection and distribution of royalties and the pre-litigation and litigation with reluctant counterfeiters are just as many activities that must be carried out in strict compliance with the rules of competitions and which are essential to the satisfaction of your licensors and licensees and the success of the Patent Pool.
These activities require a large variety of specialized expertise in all areas of industrial property and by geographical region, in the case of an international Patent Pool, and recruitment of patent engineers specialized by technology and region, lawyers specialized in joint licensing, competition regulation, pre-litigation and litigation management is not an economically viable option for a Patent Pool manager, who must therefore rely on experienced and credible consulting firms.
Since 2002, IPSIDE has established and administered the International Patent Evaluation Consortium (IPEC), an international network of patent engineers, which has performed more than 2000 patent essentiality assessments covering all technologies and layers of 3GPP (Third Generation Partnership Project) WCDMA wireless communication standards for several Patent Pools managers and independent companies. IPEC is also in charge since 2017 of the evaluation of essentiality of patents for a 4G communication standard (LTE) patent pool.
The IPSIDE AVOCAT lawyers and IPSIDE legal experts have experience in drafting consortium agreements (see Contracts), in European competition law, pre-litigation management and defense of industrial property rights in case of litigation; they can also assist the Patent Pools, to help them augment their success and the satisfaction of their licensors and licensees.