WEDNESDAY, 14 SEPTEMBER 2011
Reality Check: MARQUES conference Part 5 The final session on the first day of this year's MARQUES Conference focused on the Reality of Costs. In the chair, Cara Boyle (Fross Zelnick Lehrman & Zissu, PC, USA) introduced Jean-Pierre Maeder (Société des Produits Nestlé SA, Switzerland), who described the magnitude of his company's trade mark portfolio, this being so vast as to make it worthwhile managing its marks and brands in-house to the greatest extent. There are however some 200 external service providers, who in turn also require centralised management. External service providers have to be business partners, rather than merely fee earners, to work with Nestlé as a team and to respond to requests for information and advice within 48 hours. Nestlé doesn't like (i) a list of options without a strategy behind them, (ii) estimates that a course of action is 50% likely to succeed or (iii) overlawyering. Litigation isn't much liked either: 50% of IP disputes are resolved by its in-house ADR team. How does Nestlé assess the quality of its outside advice? There are regular meetings and the quality of services rendered is regularly reviewed.
Simon Tracey (Mishcon de Reya, U.K.) then spoke on his firm's Tulip product - it is intended as "the perfect lover". Not a flower, this Tulip is a notaricon for "Turning Losses into Profits", a system for assessing whether it's worth pursuing a damages claim and not and, where it is, in delivering an overpowering first blow, based on a bespoke assessment of options in all relevant jurisdictions following consultations with like-minded firms elsewhere. With experience of litigating in some 60 countries, Tulip's approach has resulted in an overall recovery of $3 for every dollar ventured in the enforcement process, though there are obviously going to be variations as between jurisdictions, type of IP right infringed and the nature of the market in which the infringement takes place. In terms of legal costs, not all countries allow contingency fees.
Above right: Nestlé has no wish to be milked by its external service providers. Below left: Tulip -- more than just a budding proposition? |
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