Cross-Border Intellectual Property Survey 2017

1.

Please rank the following intellectual property rights (IP rights) in order of how often you are instructed to advise on them in a cross-border context, with the first being the most frequent and the last being the least frequent:

Order the items from the following list. First select an item with the spacebar to show a menu of possible ranking positions. Next, click a ranking position to order it in the ranked list. Note the menu will display more ordering options as you add items to the ranked list.

Trade marks and rights to use domain names
Copyright and related rights, and database rights
Patents and industrial designs
Confidential information and trade secrets

2.

Please rank the following types of agreements in order of how often you are instructed to advise on them in a cross-border context, with the first being the most frequent and the last being the least frequent:

Order the items from the following list. First select an item with the spacebar to show a menu of possible ranking positions. Next, click a ranking position to order it in the ranked list. Note the menu will display more ordering options as you add items to the ranked list.

IP assignments and licences
Share and asset purchase agreements
Employment and consultancy agreements
Research and development, joint venture and collaboration agreements

3. Are there any other types of agreement that you are instructed to advise on in a cross-border IP context? If yes, please specify.

4.

What do you find challenging about cross-border IP disputes and transactions? Please rank the following, with the first being the most challenging and the last being the least challenging:

Order the items from the following list. First select an item with the spacebar to show a menu of possible ranking positions. Next, click a ranking position to order it in the ranked list. Note the menu will display more ordering options as you add items to the ranked list.

Different default rules and exceptions on first ownership of IP rights
Different rules and assumptions on validity and enforceability of different types of IP, and IP agreements
Different regimes for registration and maintenance of IP rights
Different tax implications of cross-border IP transactions

5. Are there any other aspects of cross-border IP disputes and transactions that you find challenging? If yes, please specify.

6. Do you find the IP laws, customs and practices of certain countries more challenging than others, when advising on cross-border IP disputes and transactions? If yes, please state which countries.

7.

In relation to which aspects of cross-border IP do you most frequently seek advice from local counsel? Please rank the following, with the first being the most frequent and the last being the least frequent:

Order the items from the following list. First select an item with the spacebar to show a menu of possible ranking positions. Next, click a ranking position to order it in the ranked list. Note the menu will display more ordering options as you add items to the ranked list.

Rules on first ownership of new IP rights in a particular jurisdiction
Formalities for IP licences and assignments in a particular jurisdiction
IP rights in employment contracts in a particular jurisdiction
IP due diligence in corporate transactions as carried out in a particular jurisdiction

8.

Are there any other aspects of cross-border IP in relation to which you frequently seek advice from local counsel? If yes, please specify.

9.

If you anticipate any significant changes to legislation and/or standard practice in 2018 which are likely to have a major impact on cross-border IP disputes and transactions in the country you work in, please specify what these are.

10. Are you aware of any other issues on the horizon for 2018 that are likely to have a major impact on your cross-border IP practice? If yes, please specify what these are.

12. If you have any comments to add to your response to question 11, please provide them here.

13. Approximately what percentage of your working time is spent advising clients on preparing their IP portfolios for Brexit? This question requires a valid percent format.

14. In what formats do your clients most like to receive information from you? Please rank the following, with the first being the most popular, and the last being the least popular. Order the items from the following list. First select an item with the spacebar to show a menu of possible ranking positions. Next, click a ranking position to order it in the ranked list. Note the menu will display more ordering options as you add items to the ranked list.

Plain text
Graphs, diagrams and statistics
Flowcharts and maps
Audio and video

15. Please state what country you work in.

16. Please state what sector you work in.

18. Please state your email address to receive a copy of the survey results.