On 30 November 2023, the Center for Intellectual Property Understanding (CIPU) published the findings of a survey on “Intellectual Property Principle – What the IP Community regards as important” (executive summary and slides). The survey was conducted by response:AI, an independent market research firm.
The survey was launched on 14 September 2023 and ended on 27 October 2023 with the goals of assessing the attitudes and beliefs towards IP among inventors, creators, IP lawyers, service providers, educators, IP advisors, investors and government or public policy officials, with a total of 213 respondents. The survey focused on providing an assessment on the perception of the value of IP rights (patents, copyrights and trademarks) also in comparison to other types of property rights and whether IP rights encourage sharing.
Key findings
The four principles identified by IPbasics.org were of help in understanding the survey: IP is property, IP encourage sharing, IP infringement has consequences, good IP behavior is learned.
The key findings of the survey are summarized as follows:
- Creators and IP
professionals concur that an invention, name or work of creative expression can
have value like any other property: 88% strongly agree with this statement while
another 9% agree “somewhat”;
- 96% of those
surveyed agree that copyrights, trademarks, patents and trade secrets provide
value to both owners and society at large;
- 71% of respondents
believe strongly that patents have a positive impact on innovation and 68% on
the economy as a whole;
- 73% believe strongly
in copyrights’ positive impact on creative expression and 66% on society as a
whole;
Difference regarding
business, impact;
- 100% of corporate
respondents and consultants believe that IP infringement hurts business;
- The view that IP
theft, deliberate or not, threatens jobs and compromises consumer safety is
held by 98% of those with more than 30 years IP experience but only 85% or
those will less than 10 years;
- There is less
agreement across the community that IP protections encourage sharing: 71% agree
with this statement while 13% have no opinion and 16% disagree;
- Attorneys are the most likely to disagree that
IP protections encourage sharing (25%), followed by those in education and
government (21%).
Comment
As a general view, we may find a confirmation on the IP community recognises the value of IP and a certain impact on innovation, while there is still disparity of views on IP infringement’s consequences and that IP protection encourages sharing. It is worth noting that only 36% of the respondents strongly agreed on the latter principle, with all this suggesting that the possibility of creating value by sharing IP still looks controversial.
An important point is that accountants are increasingly adding the value of IP and trade secrets to the overall value of company, and a question that no one seems to have looked at is the volatility this brings into the finance markets. IP rights can lose their value very quickly, for example if they are revoked in litigation or renewal fees are not paid, or if the trade secrets are accidentally released. Therefore it does not seem correct to assign them the same monetary value as more tangible assets, but at the same time they clearly cannot be ignored in assessing the value of a company. The area is probably deemed too complex to analyse which is why we don't see any discussion of it
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