Sunday, 23 October 2016

Here comes the Rational Think Tank: what will it think of IP?

There's a new blog on the block, with the promising name The Rational Think Tank (subtitled "Behavioural Insights for Law and Business"). It's not an intellectual property blog, but it appears to be a sub-entity of the Bucerius Law School -- the first private law school to be established in Germany and an organisation that has put on some imaginative intellectual property-based programmes since its foundation in 2000. It is highly probable that this new blog will focus substantially on IP issues, given that the sole named member of its Advisory Board is an intellectual property man -- German lawyer Christian Tenkhoff, a contributor to the MARQUES Class 46 blog who is pursuing research into behavioural economics at the London School of Economics.

There's nothing on the Rational Think Tank blog yet, so Aistemos is happy to make some suggestions here as to topics that any review of "Behavioural Insights for Law and Business" should be discussing:
* The apparent reluctance of business and finance experts to make use of freely available intellectual property data and value-added IP analytics when giving strategic marketing and investment advice to clients; 
* The role played by due diligence in IP-based deals, particularly when initial terms require amendment in light of adverse due diligence findings; 
* A comparison of the commercial behaviour of players in standards-based high tech product markets, depending on the extent to which they depend on offering or accepting licences on FRAND-based terms; 
* The manner in which the extent and strength of IP assets is factored into merger and acquisition decisions, given the existence of other considerations (eg corporate liquidity and cash flow, current market share, human capital, synergies with other ); 
* The psychological aspect of factors and events that may influence investment decisions to an irrational extent, such as the fact that a company is a so-called Unicorn, or the outcome of patent litigation involving a target company or a third party. 
So good luck, Rational Think Tank! This blog has long called for a more rational approach to IP-based decision-making and hopes that an infusion of good ideas for achieving this will not be long in arriving.

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