AN OPPORTUNITY FOR LES INTERNATIONAL

It is an honor to be elected president of LES International at such a critical time. Much is changing in our world and our Society. These changes present an opportunity to make meaningful contributions to the profession and to our members.

The place of intellectual property in global business is changing. Today technology is like water--as it rises in volume it flows freely in all directions and around all obstacles. The volume of technology is increasing exponentially. It is freely and cheaply communicated worldwide to an ever increasing population of educated and skilled people who are able to commercialize it. While financial constraints ebb and flow, the trend supports continuing worldwide competition in innovation. Intellectual property remains an incentive to this innovation but may no longer serve as a long-term obstacle to such competition.

We can guide and counsel businesses, policy-making organizations and governments as to responses to this changing environment. Traditional applications of intellectual property rights have been attacked as archaic obstacles to progress. As professionals in this field, we understand the dynamics of the technology market and the place of intellectual property, and we can shape the evolving perception of intellectual property. This will require more attention and effort by LES International and its Member Societies to identify and respond to policy initiatives that impact the value of intellectual property.

New business models have resulted from recognition of the changing technology market. Frequently labeled “open innovation,” these business models recognize that a company cannot control dissemination of technology nor employ all the smart people. Companies adopting open innovation models take advantage of the worldwide distribution of innovators by creating networks of independent developers to fill the new product pipeline. Intellectual property to these companies is a vehicle for obtaining the right to use the results of networked developments and an asset to be used not as a stick but as a carrot for collaborative networking and revenue generation.

LESI has a significant role to play in this new environment-- providing education to policy makers faced with challenges to the intellectual property system and setting standards for intellectual property transactions in open innovation networks. Of course, LESI will continue to perform its traditional roles of education and networking for professionals in the field, but the new environment requires us to adapt.

LESI, through the External Relations Committee, already is advising international organizations on intellectual property issues. The relationship with WIPO will aid that organization in developing policies regarding technology transfer, particularly to emerging economies. We are also actively participating in a program sponsored by the EPO, ICTSD and UNEP to study the impact of intellectual property on transfer of environmentally-beneficial technologies. We will also advise the World Economic Forum on its effort to create a Global Responsibility License by which IP owners can contribute technology to the poorest of countries.

In addition to the External Relations Committee activities, the European Committee continues to prepare and submit important comments on EU initiatives that may impact intellectual property transactions. The Trademark Committee is also participating in an EU study of the European Trademark system.

LESI can apply its professional experience to the challenging transactional environment in the open innovation business models. As more and more industries recognize the need, demand for education and guiding principles will increase. LESI and its Member Societies should be in the lead in this area. Similarly, as intellectual property becomes more a commodity and less a defensive weapon, the value of such a commodity must be determined. LESI is populated with experts who understand the various facets contributing to intellectual property value. It is appropriate for LESI to lead in developing principles and standards for such valuation.

I have two goals for LESI this year. First is to provide greater services to its Member Societies and their members. This will entail assisting Member Societies with their program and training needs and with their efforts to counsel and guide local policy makers on intellectual property issues.

The second goal is take the lead in guiding transnational policy makers on intellectual property transaction issues and in developing principles and standards for transactions in the open innovation business models.

To further these goals, I have asked each Committee of LESI to proactively aid Member Societies with their training and programming needs and to cooperate with Member Societies and other Committees in identifying and responding to opportunities to guide policy makers on intellectual property issues.

Since LESI represents various constituencies, I will form an ad hoc committee to identify and define core policy principles relating to technology transfer and intellectual property on which LES International can and should take positions. The goal of the ad hoc committee will be to provide a guide for the Board of Delegates, the Board of Directors and Committee chairs as to policies and positions on which LES International can and should take positions, to thereby facilitate timely responses to opportunities.

Standards for IP valuation and transactions need to be developed. Since the topics are not unique to any one industry, professional or regional Committee, I will form two additional ad hoc committees, one to address generally accepted contract provisions to make more efficient international IP transactions, and the other to identify issues, factors and methodologies used in giving value to IP portfolios or license deals.

The three ad hoc committees will assist LESI in guiding IP policy and transactions in this new, dynamic technology marketplace. Like all ad hoc committees, they will expire after a defined term. Anyone interested in contributing to these committees should let me know.

The two goals for the coming year are consistent with the purpose of LESI--to support Member Societies in education and networking for their members and to represent Member Societies and their members in all international fora.

Effectively achieving these goals will require the aid of all interested members, and I welcome all ideas and help. Thank you for the opportunity to lead this organization for this year. And thank you for your contribution of time to make LESI the “go to” organization in intellectual property transactions.

At the San Francisco meeting, delegates voted in favour (just! - it was a slim majority, dimpled chads and all) of adopting the tag line "Advancing the Business of Intellectual Property Globally". The comma was daringly dropped. The tag line will be used on LESI letter heading and the web site, beneath both the LES logo and the wording 'Licensing Executives Society International'. National and regional societies will be asked to use the tag line similarly.

At the forthcoming meeting in San Francisco, October 22-23, delegates will be asked to vote on the adoption of the following descriptor in their brand presentation - "Advancing the business of intellectual property, globally."

The annual international conference in Manila, Philippines in June 2009 was a very successful meeting. There was a good attendance, interesting presentations, and of course wonderful opportunities for networking. The Philippines society can be well satisfied with their organization of the conference. The opening welcome speech by the president of LESI can be followed by clicking the youtube link on the screen, or by following http://bit.ly/Iv5Vb.

The Annual International Meeting in Manila was a great success. Have a look here for the Post-Conference Bulletin.

We are now looking forward to the next Meetings of special International interest. There is the Annual USA/Canada meeting in San Francisco 18-21 October 2009, followed by the International Delegates Meeting 22-23 October. Then there will be the Annual Pan European Conference hosted by LES Hungary in 2010. The next Annual International Meeting is in South Africa 11-14 April 2010 preceded by the International Delegates Meeting 9-11 April. For further details follow the links on the images.

Poetic rebranding issues
The proposed rebranding of LES was discussed at the International Delegates Meeting in Manila on Sunday 7th June. Views were expressed for and against. Those against were of the view that LES is an established brand which should not be changed, but many agreed that 'Licensing Executives Society' does not well identify the range of the society's present day activities.

In particular, 'Executive' was thought by some to be an old fashioned term. It is redolent of the gently mocking 1974 poem of that name by the British Poet Laureate, Sir John Betjeman:

"I am a young executive. No cuffs than mine are cleaner;
I have a Slimline brief-case and I drive the firm's Cortina.
In every roadside hostelry from here to Burgess Hill
The maitres d'hotel all know me well, and let me sign the bill.

You ask me what it is I do. Well, actually, you know,
I'm partly a liaison man, and partly P.R.O.
Essentially, I integrate the current export drive
And basically I'm viable from ten o'clock till five.

......."

The rebranding issue will be considered again, and a motion may be put to the delegates for a vote, at the next meeting in San Francisco in October.

Rebranding LES
Here's your chance to make your views known. The proposal to rebrand the Licensing Executives Society International as the Business and Intellectual Property Society International will be debated in Manila next week. The aim of rebranding is to make clearer the purpose and interests of the society. Post your comments here now.

We will soon be meeting in Manila. One of the items on the agenda for discussion is communications. Those of you regularly checking on www.lesi.org will have noticed the many improvements. You can also track web site changes through twitter.com/les_comms. For the present, here is another video link to keep you amused and informed. Promotion of inventive activity is on everyone's agenda.

We are moving on with adoption of new forms of communication. I hope that we will soon regularly feature video clips on the LESI web site. They might look like the following clip of the Inventor of the Year Award Ceremony 2008 organised by the European Patent Office. LES members are interested in business activities, such as licensing and technology transfer, which involve intellectual property rights. We shouldn't forget therefore that we depend on the activities of inventors and other creative people who generate the intellectual property, as well as on effective and fair legal systems which provide the rights.

I am pleased to see that the LESI web site is keeping up to date with society news. You will see a link on the home page to the Pan European meeting in Copenhagen in May. The Pan European meeting has become a regular event on the LES calendar. It takes place every year - except when the International meeting is in Europe. The meeting this year is organized by LES Scandinavia, with the cooperation of the other European societies, but members elsewhere in the world are welcomed. The Pan European meetings are always good value, great sources of information and networking opportunities, and good fun.

I have sent a letter to all National Presidents referring to the following points:
LES International Membership Directory
We now have a great searchable directory on the LES International Website. I would ask all National Presidents to please ensure that Society information is kept up to date using the processes established by Stephanie Silverstein, our Administrative Manager.
Possible inclusion of Les Nouvelles on a major legal database
This is a great opportunity for LESI, but we need to ensure that we don't unduly dilute the benefits of membership. We need to have conditions - such as a delay between distribution to members and appearance on the database. I would like to have members views on this. Pharmaceutical Sector Enquiry and Horizontal Cooporation Agreements (European Commission)
The European Committee has submitted a response to the Commission. Difficult and contoversial issues are involved, and LESI cannot adopt a one-sided approach. I think the Committee has provided well-balanced comments which focus on the integrity of the intellectual property system.
Enlarged Board of Appeal, European Patent Office: Patentability of Computer Programs
The LESI IT& eCommerce Committee, together with the European Committee, is working on an amicus brief.

Welcome to the new LESI blog. My first task is to draw attention to the annual International Meeting which this year will be in Manila, Philippines. Click on the picture for full information. I hope to see many of you there. It is an exciting venue and we have an interesting conference.