The study raises a number of important issues.
First, it produces evidence confirming that a great deal of copying and enforcement activity is going on outside the court system. Significantly, a surprisingly large number of participants did not follow up the alleged infringement with a letter. Their big concern: costs.
Webster says this raises concerns about the efficacy patents for some applications. “These people shouldn’t have applied for a patent in the first place because unless you have a little bit of money to do some enforcement, the patent is not worth anything,” Webster says.
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“The legal system in terms of the courts is very expensive. If you are going to apply for a patent, you will need a sugar daddy, a big firm you can joint venture with who will help you enforce your rights or you will need deep pockets yourself.”
Either way, intellectual property is a significant investment for manufacturers. However, it is one they need to make if they are to compete internationally and open new markets.
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About the Author
Leon Gettler is a senior business journalist, writing for The Age, BRW, CFO and AFR Boss magazine. He is also the finance writer for the green lifestyle focused G Magazine. He writes on mining for Australian Resources and Investment, human resources issues for HR Monthly and is the management writer for CRN which focuses on computer resellers and the IT market. Leon also does the weekly Talking Shop podcast for Sensis.
Leon manages three blogs. One, www.soxfirst.com, is focused mostly on the American business market and has a strong following in the US. His second blog, Management Line is for The Age and Sydney Morning Herald and his third blog is Business of Green is published by G Magazine.
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