Risks Arising from Third-Party IP Rights (Third-Party IP)

  • Risk of Innovation

    • Innovation entails not only traditional business risks but also IP-related risks

    • Existing third-party IP rights may block market entry

    • Own IP rights do not exclude infringement of earlier rights

  • Background of third-party IP infringements:

    • Intentional (imitation)

    • Frequently unintentional (lack of research, parallel developments)

  • The transition from innovator to infringer can occur rapidly