An Intellectual Property Governance Framework and the Role of Board of Directors: Issues, Opportunities, and Best Practices

63 Pages Posted: 13 May 2018  

Peter Cowan

York University, Osgoode Hall Law School, Students

Date Written: April 24, 2018

Abstract

This paper examines the gap between the historical prioritization of non-IP (intellectual property) issues for board of directors against both the legal requirements and market activities which suggest IP should be a key topic for boards to consider. A survey of current law and literature was conducted to identify the top IP specific governance challenges, looking at business IP transactions and patent pools as proxy to extract governance related topics. As a result, this paper provides a better understanding of the top IP related governance issues and opportunities boards and directors should consider, and recommends five best practices to enact an IP governance framework. In assembling these best practices this research has implications beyond board members and directors. Shareholders, analysts, regulators, and policy makers need to be aware and actively influencing boards to prioritizing IP assets and IP risks in their governance frameworks.

Keywords: governance, board of directors, directors, officers, intellectual property, patent, patent pools, patent fund, best practices

JEL Classification: K00, K22, O34

Suggested Citation

Cowan, Peter, An Intellectual Property Governance Framework and the Role of Board of Directors: Issues, Opportunities, and Best Practices (April 24, 2018). Available at SSRN: https://ssrn.com/abstract=3167986 or http://dx.doi.org/10.2139/ssrn.3167986

Peter Cowan (Contact Author)

York University, Osgoode Hall Law School, Students ( email )

North York, Ontario
Canada

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