Wednesday 31 December 2014

Stick v Carrot

As noted on Wikipedia with reference to Charles R. Neuenschwander, stick licensing "is the practice of licensing a patent … where the patent holder threatens to sue the licensee for patent infringement if the licensee does not take a licence."

At first sight, stick licensing would appear to be a more promising approach than carrot licensing, which requires "luring the target to adopting one's invention and taking a license" (Matthew Y Ma).

But success of the stick licensing approach is not guaranteed: US software company Assia Inc. sued British Telecom for patent infringement when BT did not take a licence to Assia’s broadband patents. The England and Wales Court of Appeal ruled that there was indeed infringement.

However, rather than taking a licence from Assia, British Telecom chose instead to switch off that part of its 'Infinity' broadband system that was deemed to infringe.

This is but one of many ways of using intellectual property in engineering business. You should of course seek professional advice on your own particular circumstances.