The role of the state in the economy of innovation remains an endless debate. Besides
creating a balanced system that could give enough incentives for inventors to create
while not restraining information, the state
sometimes has a role to play to help with the monetization of IP rights of its
citizens and companies.
Nothing new here, as these kind of mechanisms are used in diverse situations. From a liberal paradigm, pragmatism sometimes prevails on the state to get involved in the economy in different ways, such as regulation, the creation of specific structures, tax strategies, and much more. These interventions are made for different reasons, for instance to help with the development of a new industry or to avoid structural issues in an old one such as the tragedy of the anticommons.
"France Brevets, aka FB, follows a licensing strategy that is both amicable and determined. As such, France Brevets offered to enter into discussions with the defendant in order to present why FB believes the defendant needs a licence. As no signal of cooperation have been received, FB sees no other remedy than to enter the litigation route. These rights have already been successfully licensed in the past to other industry players.
“Procrastination is a very common strategy in licensing, says Jean-Charles Hourcade, Managing Director of France Brevets. It is important to demonstrate how serious we are about protecting the rights we defend".