Thursday, 7 July 2016

IP Strategy, Valuation and Damages: a new title

Books that fall within the purview of this blog's readership aren't so common that we can ignore their publication, which is why we are drawing the attention of our readers to IP Strategy, Valuation, and Damages, published this year by LexisNexis (details can be accessed from the publisher's website, here).  Evidence of earlier versions of this work, published in 2014 and 2015 by Matthew Bender, suggests that this book is regularly updated. If you don't have room for it on your desk or bookshelf, there's also a surprisingly more expensive e-book option.

The authors are Stevan Porter and Michelle Rakiec who -- in a welcome change from the books we normally get to hear about -- are both from IP-driven business consultancies rather than from academe [this should not be taken as an insult to academic writing, but rather as an expression of pleasure that the authors are people who not only have hands-on experience of their subject matter but are writing about it even though their tenure doesn't depend upon having to do so].  The pair are the driving force behind AdValum Consulting, which offers advice on the topics mentioned in the book's title. The consultancy does not offer a terrestrial address but, from the 312 code that prefixes its phone number, it looks as though its telephone is located somewhere in Illinois.  The authors are assisted in their efforts by a consulting editor, Albert B. Kimball, Jr., who is a partner in the Houston office of law firm Bracewell & Giuliani with both contentious and transactional experience, 

What does this book do? According to the publishers, it provides
" ... accessible and actionable information about intellectual property in a business context. The book begins by explaining foundational elements of IP, including the different types of IP, their unique characteristics, and their relevance in business, before moving on to valuation of IP, quantifying infringement damages, and how to use IP in business strategy articulation and execution. Each topic is addressed theoretically, linking familiar business concepts and frameworks to IP, and is punctuated with illustrative examples that provide real -world context and immediacy to the discussion".
According to the book's website, its seven chapters cover an introduction to intellectual property and its role in society, the principles of valuation, IP infringement and damages, strategic management, managerial uses and variable factors that affect IP management. 

All of this is commendable, of course, and we look forward to seeing this book so that we can give it more in-depth review.  Meanwhile, while it would be churlish to criticise a book that we have yet to see, we can at least offer a word of concern.  The authors and contributing editor are all US-based, and there's nothing wrong with that at all.  However, there is nothing in the publisher's website and promotional copy to indicate whether the content is purely US-focused or whether it has anything of value or relevance for the non-US reader.  

Some aspects of IP strategy, such as the timing and use of data and analytics in judging whether and when to file, seek licences or sue, are relatively portable from a US context to other jurisdictions. Other topics, such as damages and remedies for infringement, are so different that it is well-nigh impossible to offer generalised advice or to translate one's direct experience from one jurisdiction to another.  Antitrust and competition rules and financial institutions' regulation, lending policy and IP expertise are other topics in which advice or strategy that works well in one country may lead to costly misadventure in another.  

In conclusion, it is earnestly hoped that publishers will bear this in mind when addressing a readership whose problems are shared but whose solutions may be vastly different.

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