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Two new publications on IP contracts and business sales

Exciting news. The 2009 edition of the book, Licensing Update, includes a substantive chapter I penned. My piece is titled Current Approaches for Drafting IP Licenses.

It has two audiences in mind. First, readers into licensing and IP law in Australia. Second, drafters who want to improve their methodology for preparing licensing agreements.  

aspenpublisherslogoThe book is being published by a major U.S. legal and business publisher, Aspen Publishers, an imprint of multinational publishers Wolters Kluwer Law & Business. Aspen maintains an especially large list of law books and loose-leafs on intellectual property, software and technology licensing. 

The editors of the book are lawyers at the U.S. intellectual property law firm, Grimes & Battersby. Like our law firm, Grimes & Battersby maintains an extraordinary level of publishing as is evident on its library page.

Email me if you'd like a PDF copy of my book chapter, Current Approaches for Drafting IP License. 

WIPO Magazine Publication

I'm pleased to also report, though a little late, that the August 2008 WIPO Magazine featured a substantive article by me titled "How to successfully buy or sell a business with IP assets". It updates the piece published here.

WIPO Magazine is a publication of the World Intellectual Property Organisation, a United Nations agency based in Geneva. It's my second publication for WIPO. The first was in September 2006 with Striking gold with kiwifruit, an analysis of the commercialisation in New Zealand of the Kiwi fruit.  

In the business sale article I particularly like the following case study of failure in selling a wine label:

  Case Study: The stats of a failed acquisition
 

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(Photo Rosemont)

What’s wrong with this picture?

  1. In 2000 Southcorp Ltd's had a slate of over 25 well-known wine brands included Penfolds, Lindemans, Wynns, Seppelt, Seaview, and Devil's Lair.
  2. In early 2001 Southcorp paid A$1.49 billion in a cash and shares deal for the single-branded Rosemont Estate business. The following year Southcorp posted a net loss of A$923 million.
  3. In early 2005 the Foster Group Ltd made a bid which valued all of Southcorp at A$3.1 billion for the whole company. Did Southcorp pay too much for Rosemont?

Commentators have noted the very high level of the purchase price for the Rosemont label (item 2) relative to the many labels Southcorp owned at the time (item 1). Paying too much is often the price of inadequate pre-purchase assessments as recommended in the accompanying article.


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