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The Money Making Power of Licensing

April 2015 Issue

Welcome to the April issue of Licensing4Profits. 

 

Does your business collect data as part of delivering or selling your product or service?  If so, you may be overlooking a valuable intellectual property asset. In this month's featured article, Data Licensing: Turning Your Data Into a New Revenue Source, you'll find out why data is often an overlooked IP asset, and how it can be packaged and licensed in different ways to generate revenue.

 

Your intellectual property is more than just a product or service. It's a bundle of rights that creates your IP value. In our latest free webinar, 3 Secrets to Unlocking Your IP Value, you'll learn how to break out of the tangible thinking box, find the valuable parts of your IP, and see new ways to make money with your intellectual property.

    

If you're licensing your IP internationally, keep in mind that government regulations differ from country to country. In our next article, Key Terms & Conditions: Government Regulations you'll find out why it's critical to make sure your agreement is very specific about the licensee complying with local government regulations. If not, it could jeopardize the agreement and your ability to maintain your IP rights.

Learn what the ironing board, a famous song, and a popular soft drink have in common in This Month in IP History.

We conclude with this month's question "I recently filed my patent application and want to know if it's necessary to have a prospective licensee sign a non-disclosure agreement?"

Enjoy!

 

New Licensing News from LCG

Data Licensing: Turning Your Data Into a New Revenue Source


Companies today suck up data like vacuum cleaners sucking up bread crumbs. They invest tens of millions of dollars to learn about their customers, markets, and industries. And they always want more.

 

 

  

Companies license this data for various purposes including business intelligence or in the development of their own products and services. Data can be accumulated and packaged from public sources, such as real estate listings or business records, or it can be proprietary data acquired from customers, research, or testing.

 

Many IP owners collect data as part of delivering or selling their product or service. The data is often an overlooked intellectual property asset because they look at their IP as "only a product or service". I consulted a lady who created a patented learning assessment toy. It collects data about the child's learning skills through a series of interactive tests. The data is combined with a series of questions answered by the parents, and the results are used to provide customized recommendations on the best type of learning toys to enhance their child's ability to learn. The real value of this IP is not the learning assessment toy, its the data analysis for recommending the best toys. For example, the data could be licensed and used by toy companies to help them develop better educational toys for their customers.

 

Your data can be licensed in several formats, such as a database or as a data feed, to multiple parties and markets simultaneously. It can be licensed on a subscription basis, per use or per specific database. For example, retailers generate millions of dollars by licensing their point-of-sale and other data to business partners on a subscription basis.

 

Enhancing your data can increase its value. For example, you can combine it with public sources (such as new home listings), or aggregate comparison data on the usage of different products.

 

Sometimes the value of your data can create a new business model. A restaurant supply company designed a system for better customer service. They provided their customers with a monitoring system to track their oil usage. When customers cooking oil ran low, it automatically ordered before they ran out. The company quickly recognized the value of the data, and changed their business model. Instead of selling restaurant supplies, they switched to consulting services, and licensed their usage data (and related monitoring technology) to equipment manufacturers and restaurant owners.

 

Here are some key points to keep in mind when licensing your data. Make sure the agreement is very clear on the data ownership and specifies the usage rights. One way to do this is listing the types of customers included as well as excluded customer segments. For example, medical offices only, excluding hospitals. Also specify how you'll provide the data (such as monthly downloads), and what the licensee must do to maintain, control and protect your data. Using data to get data can be a big negotiating point. Be sure you're clear on who owns the rights to any derived data.

 

If your business collects data, don't overlook it's value as a revenue generating IP. Data is confidential information you can protect as a trade secret, copyright, or a database patent. It requires diligence in keeping it confidential to maintain its protection. Your licensing revenue opportunities increase as you create different ways of packaging your data. You can license the data itself, and you can also create new proprietary data packages by acquiring and merging information from other sources.

Feel free to pass this newsletter along to friends and associates. You can visit our websites (www.licensing4profits.com and www.licensingcg.com) to view our blog, special reports, published articles, webinars and audio presentations.

If you are interested in learning about our consulting services
, please contact us at (646) 395-9572 or email info@licensingcg.com.  

 

Best regards,

 



Rand Brenner

President & CEO 

Licensing Consulting Group
Licensing4Profits


About Rand Brenner  

Rand has licensed some of the biggest Hollywood blockbusters, including "Batman" and the "Mighty Morphin Power Rangers", both of which generated billions of dollars in worldwide merchandise sales. His career included executive positions at Saban Entertainment and Warner Bros Consumer Products where he developed numerous licensing and promotional deals with Fortune 1000 companies

   

LCG advises clients on the strategic use of IP assets to build business value,  increase revenues, lower costs and capitalize on new market opportunities. Our consulting services are designed for small and mid-size businesses, enabling them to benefit from top end IP licensing services typically afforded by large companies.

 

About Licensing4Profits 

Licensing4Profits is the only online resource providing coaching, teaching and training on how to manage and make money with intellectual property.  We offer audio workshops, seminars, videos, e-courses, blog articles and webinars.  Our goal is to advise, guide and help you master the licensing skills to transform your intellectual property into money-making products, services and technologies.

 

Please email info@licensingcg.com or call us at (646) 395-9572 to discuss how we can assist you. 

 

In This Issue
Free Webinar: 3 Secrets to Unlocking Your IP Value



This webinar will show you how break out of the tangible thinking box, find the valuable parts of your IP,  and see new ways to make money with your IP.

Click Here to Sign Up
Key Terms & Conditions: Government Regulations



If you're licensing your IP internationally, keep in mind that government regulations differ from country to country. That's why it's critical to include a Government Regulation clause in your licensing agreement.

 

It specifies that your licensee will comply with any regulations that affect your licensing agreement. For example, in some countries certain types of licenses, such as exclusive patent licenses, must be registered with the government IP office. If your licensee fails to register the licensing agreement, it can lose it's legal effect or you could lose your rights to legal damages for infringement.

 

Since regulations are always changing, be sure to require that the licensee notifies you if they become aware of any regulation changes. For example, there may be regulations requiring the reporting and approval of certain types of business activities or in dealing with certain technologies for security reasons. If there are costs associated with getting these approvals, you can specify the licensee pays these fees.

 

Licensing your IP internationally can be a profitable venture with the right partner. Before negotiating your agreement, do your homework and understand any regulations that affect your licensing agreement. 

 

Make sure your agreement includes a Government Regulation clause requiring your licensee comply with all regulations. Otherwise you could wind up with a licensing agreement that's not enforceable or lose your rights to protect your IP.

 
When preparing or reviewing a licensing agreement, it's always best to seek qualified legal advice before you sign anything. 
This Month in IP History

1892 Sarah Boone patented an ironing board.

1908 "Hail, Hail the Gang's All Here" the song, was copyrighted.

1985 The trade secret "New Coke" formula was released.

Source:About.com  

Ask Rand Brenner 

 

Q: I recently filed my patent application and want to know if it's necessary to have a prospective licensee sign a non-disclosure agreement?

 

A: One of the biggest mistakes made by IP owners is not following the right disclosure process when presenting their IP.

 

Any information you provide at the initial stage of discussions should be non-confidential. If more detailed information is needed, than a confidential disclosure agreement is necessary.

 

A second mistake is trying to use a "one size fits all " NDA. The purpose of the NDA is to protect your confidential information and you must tailor it to specify what is being disclosed and how the information will be managed. If your NDA is not specific, it could prevent you from enforcing it in court.

 

If your potential licensing partner doesn't want to sign your NDA, your options are to walk away or provide only information that's not confidential.

 

It's always best to get your NDA reviewed by a legal professional before using it. Follow the right process when disclosing information about your IP, otherwise you could wind up loosing control of it.


 Got a question about licensing? Send an email to askrandbrenner@
 licensing4profits.com.
You'll get an answer to your question which will be included in a future issue of this newsletter.