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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.
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December 2012
Multinational Approach to IP StrategyStructuring and Managing Global IP in Europe
Fred Logue IP Lawyer PhD, 1996 Trinity College Dublin Member of Irish and UK Law
Societies, IAM300, Institute of Physics
A specialised IP firm helping global companies manage IP operations in Europe
[email protected]+353 (0)1 254 2340www.newmorningip.com@newmorningip
Free Movement People Capital Goods Services
IP Rights TM Designs Copyright SPC Patent*
Decreasing Harmonisation
Why a European IP Strategy?
• Rationale for Chinese multinationals– US Analogy
• Part of a Global IP strategy• Acquire new assets• Access Talent
– Especially IP and R&D• Unlock Incentives
– Tax– Grants– Government Agency support
• Ease of doing business– Closer to market– E.g. Import Chinese IP and
localise in Europe• Corporate Structure
– Local or Global HQ for strategic reasons
• Mergers and Acquisitions– Structured as acquisition of IP
• Joint Venture– Creating new IP
• VC/Private Equity– Enhanced exits
• IP Assembly and commercialisation
Ireland’s Key Tax Advantages
Extensive Tax Treaty Network Particularly good treaty with China Access to EU directives
Inbound Issues Outbound Issues
Generally no withholding tax on interest, dividends and royalties to 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
DOMESTIC INVENTORS FOREIGN INVENTORS
Held Locally Held Overseas Held LocallyAcquisition by foreign firm with investment in R&D
Third level focus on patenting
Small local tech sector
Government incentives to foreign firms to engage in R&D activities
Incentive switch from manufacturing to R&D
Extension of corporate IP strategy
Local or Global HQ relocation
Acquisition of IP assets
Global structures
Source: Internal Research 2007-2012 publications
R&D GrantsR&D Credits
Capital Allowance
[email protected] +353 (0)1 254 2340 l www.newmorningip.com l @newmorningip
