IPBC China December 2012

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My talk at the Intellectual Property Business Congress, Beijing China December 2012. I discuss the EU IP market and its relevance to Chinese companies.


  • 1. Fred Logue IP Lawyer PhD, 1996 Trinity College Dublin Member of Irish and UK Law fred.logue@newmorningip.com Societies, IAM300, Institute of +353 (0)1 254 2340 www.newmorningip.com Physics @newmorningip A specialised IP firm helping global companies manage IP operations in EuropeMultinational Approach to IP StrategyStructuring and Managing Global IP in EuropeDecember 2012
  • 2. Free Movement People Capital Goods ServicesIP Rights TM Designs Copyright SPC Patent*Decreasing Harmonisation
  • 3. Why a European IP Strategy? Rationale for Chinese Ease of doing business multinationals Closer to market US Analogy E.g. Import Chinese IP and Part of a Global IP strategy localise in Europe Acquire new assets Corporate Structure Local or Global HQ for strategic Access Talent reasons Especially IP and R&D Mergers and Acquisitions Unlock Incentives Structured as acquisition of IP Tax Joint Venture Grants Creating new IP Government Agency VC/Private Equity support Enhanced exits IP Assembly and commercialisation
  • 4. Irelands Key Tax Advantages Inbound Issues Outbound Issues Extensive Tax Treaty Network Generally no withholding tax on Particularly good treaty with China interest, dividends and royalties to Access to EU directives EU and tax treaty countries The Irish System Low tax policy 12.5% Tax relief for acquisition of intangible assets Efficient financing 25% R&D Tax Credit No Thin Capitalisation Rules No CFC Rules No Capital Duty Favourable double taxation relief rules (including for foreign branch profits) Young educated workforce English speaking member of Euro Zone
  • 5. DOMESTIC INVENTORS FOREIGN INVENTORS Held Locally Held Overseas Held LocallyAcquisition by foreign firm Government incentives to Local or Global HQ relocationwith investment in R&D foreign firms to engage in R&D activities Acquisition of IP assetsThird level focus onpatenting Incentive switch from Global structures manufacturing to R&DSmall local tech sector Extension of corporate IP strategySource: Internal Research 2007-2012 publications
  • 6. R&D CreditsR&D Grants Capital Allowance
  • 7. fred.logue@newmorningip.com+353 (0)1 254 2340 l www.newmorningip.com l @newmorningip