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Managing IP Value at Risk

By Andrew W. Carter and Robert J. Block
October 08, 2004

Part Two of a Two-Part Series

In Part One of this article, we examined the risks to intellectual property (IP) value that would most preoccupy IP professionals, including: third-party risks for infringement liability, first-party risks to IP assets, and Directors & Officers (D&O) risks arising out of relevant valuation and disclosure. However, as IP specifically accounts for a higher ratio of market capitalization and shareholder value for publicly traded corporations, strategic choices relating to IP impact the firm's financial fortunes in more subtle ways, commensurate with that increased value. To cite one salient example: For IP-rich companies, tax planning is increasingly intertwined with Intellectual Asset Management (IAM) strategy.

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