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What Is An OxFirst IP Valuation, And Why Do I Need One?

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Below is our recent interview with Dr. Roya Ghafele, Managing Director at OxFirst:

Q: What is unique about OxFirst?

A: OxFirst is an intellectual property (IP) law and economics consultancy with significant expertise in IP valuation and strategy and we were recently named best IP Valuation Firm 2023 in the Lawyer International Legal 100 list, the third consecutive year we have won this award. Over the last twelve years, our rigorous and comprehensive IP analysis has supported Fortune 100 companies, law firms, private equity firms and public institutions in better understanding and utilising their IP. We provide novel and unique perspectives in an uncomplicated way to help our clients efficiently achieve their goals. OxFirst is a spinout from the University of Oxford and we retain very close links with the university to this day. Based in London and Oxford, OxFirst works with clients from across the globe.

Q: What services does OxFirst provide?

A: OxFirst’s award-winning IP valuations have helped companies, non-profits, public institutions and governments leverage their IP as an engine of growth, make well-informed and well-evidenced decisions about IP management, and draw new conclusions about the value of IP. OxFirst IP valuations can also be used to support litigation, arbitration, damage calculations, in transfer pricing, for establishing appropriate licensing rates, and many other fundamental business activities. We have also sought to assess IP value from new perspectives, for instance by incorporating ESG and public interest considerations to provide both the public and private sector with novel and unique forward-looking insights about how IP can be better managed and utilised now and into the future.

OxFirst has provided many expert testimonials for commercial disputes, litigation, arbitration, and licensing negotiations. Our economic analysis has been fundamental to price formation in licensing negotiations, has supported successful patent sales, has assisted Courts identify the adequate value of a damage award and also supported assessments of the economic risk of litigation in mergers and acquisitions.

OxFirst’s economic analysis has also regularly contributed to policy formulation. In response to concerns over the anticompetitive consequences of IP within the Internet of Things, we systematically consulted with young innovative companies (YICs) active in the space to better understand what they wanted from policy and thereby better inform the process of policy formulation. Our research, which was also published in a well-recognised journal, identified that YICs were insufficiently integrated into the European IP policymaking processes and recommended that policy be adjusted to resolve this issue. Our recommendation was subsequently accepted by the European Commission and reflected in their FRAND guidelines.

Q: OxFirst was recently named best IP Valuation Firm 2023. What does OxFirst do differently that makes it so successful?

A: IP plays a crucial role in the advancement of technology markets. As a business community, we often see that market participants are yet to fully appreciate the value proposition of intellectual property. OxFirst works hard to change that, and our work looks to motivate leaders and decision-makers to change their perceptions around IP.

OxFirst IP valuations are so successful because they communicate in a swift and uncomplicated manner why IP matters to the company. Our valuations involve bespoke, rigorous and comprehensive analysis to put a clear monetary value on intellectual property, turning otherwise intangible business assets into a tangible business opportunity. Over the last twelve years, OxFirst has at the forefront of the latest thinking on intellectual property by combining business acumen, economic know-how and a legal understanding to deliver the unique economic insights that our clients need and would not otherwise receive.

Q: Why use an economic approach to patent and competition law?

A: OxFirst’s aim is to firmly establish an economic foundation to commercial decisions around IP. The global market for patent filing grows consistently year on year, but evidence shows that only a fraction of that IP can be linked to commercial activity. This IP commercialisation gap is a missed opportunity and can be largely explained by the fact there are not enough economists in this area who can bridge the gap between IP law and economics. Without an economic understanding on the worth of IP companies are unable to leverage all means possible to generate and preserve business. They are reducing their business opportunities and potentially losing out on their competitive edge. The economic insights provided by an OxFirst IP valuation are crucial to turn IP into commercial assets or identify a company’s IP liabilities. IP, being associated with R&D, is mainly seen as a cost. An IP valuation can change that and turn IP into a viable business asset whilst eliminating that IP which is not contributing to business success.

Q: Why value intellectual property?

A: Very simply, because the old adage ‘you cannot manage what you cannot measure’ is true. IP itself is a resource that can be disaggregated from the company to generate an income itself or support the business in reaching overall business goals. Expressing IP value in monetary terms allows a business to understand, for example, the potential value of licensing, a damage award or the economic risk associated with an injunction. Firms can also use an IP valuation to optimise their technology strategy: armed with an economic basis to decision making, companies may choose to enter joint venture or utilise patent pools for instance. On the other hand, in the absence of an IP valuation, it may be difficult to see how the company’s IP relates to the overarching corporate success or how IP can be best integrated into the corporate strategy.

Without an economic understanding on the worth of IP companies are unable to leverage all means possible to generate and preserve business. They are reducing their business opportunities and this can mean that they lose out on their competitive edge. Moreover, the need for IP valuation is only going to increase because of the prominent role that IP plays in high-technology markets. These markets are expecting high growth rates, especially in areas like artificial intelligence (AI), the internet of things (IoT) and autonomous vehicles. Because these technologies are new and IP-intensive, an IP valuation will be crucial for seeing IP through an economic lens and capitalising on the growth potential.

Q: Where can I learn more about IP valuation?

A: OxFirst is at the forefront of thought leadership on IP valuation. Our work and our research is regularly of such high quality that it is published in well-recognised journals. We also regularly publish thought leadership articles and host webinars on interesting and important questions in the IP space – follow us on LinkedIn and our website to learn about these great events.

To learn more about how we can support your business objectives through IP valuation, get in touch with our experts today at info@oxfirst.com.

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