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Intellectual Property

 
 

We assist with:

  • Asset management and valuation
  • Assessment of economic harm or damages from infringement or misappropriation
  • Definition of relevant IP and antitrust markets
  • Misuse and antitrust claims related to IP
  • Price erosion and suppression claims
  • Royalty audits and compliance
  • Royalties and economic impact of RAND and FRAND commitments
  • Proceedings with the European Commission and national competition authorities
  • Private enforcement of IP / antitrust claims before national courts

CEG experts are involved in a wide range of intellectual disputes, including allegations of patent, copyright, trademark infringement, and theft of trade secrets. CEG experts are asked to testify on breaches of IP agreements and quantification of damages.

CEG has a particular expertise in the assessment of intellectual property damages and valuation of intellectual property. We have been retained in some of the world’s most high profile intellectual property cases including the Qualcomm Broadcom matters, numerous engagements both for and against Microsoft, valuation of patents, trade secrets, trademarks, copyrights, and other intellectual capital.


 

Representative Engagements

Provided advice on the appropriate economic methodology for setting the fees payable to a collection society for simulcasting radio broadcasts – including copyright protected musical recordings – on the internet. Engaged by Ashurst.

Report for the Copyright Agency on the economics of collective licensing in the context of the Government’s review of the Code of Conduct for Copyright Collecting Societies. Engaged by Banki Haddock Fiora.

Report for the Copyright Agency in relation to the Productivity Commission (recommendation to amend the Copyright Act 1968 to adopt a fair use regime in place of the existing fair dealing exemptions. Advised Copyright Agency

Retained to advise on the valuation of licences for media monitoring companies in Australia to copy and distribute literary works. Engaged by Minter Ellison. Application by Isentia Pty Limited [2020] ACopyT 1 (22 April 2020)

Report for Commercial Radio Australia on the economic benefits and costs of regulating advertising and disclosing commercial arrangements for radio stations in Australia.

Advice in relation to ‘equitable remuneration’ for standard and digital copying. Engaged by Banki Haddock Fiora.

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