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Fasken Martineau releases 2016 Intellectual Property Survey Report

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Results of 2016 Intellectual Property Survey released.

Toronto (Canada) – Fasken Martineau, a leading international business law and litigation firm, has released the results of its 2016 Intellectual Property Survey. The survey results include responses from almost 100 legal counsel, C-level and management professionals operating across a range of industries, including software, manufacturing, financial services, biotech and telecommunications.

Fasken Martineau’s 2016 Intellectual Property Survey Report reviews the nature and role of IP at each Company Stage to provide companies with valuable insight into their peers’ and competitors’ IP issues and concerns. The goal of the 30-page report is to provide the information required for companies to adopt the right IP strategy at the right stage.

Key findings of the report include:

  • 90% of Start-Ups underscored the importance of trade secret protection, which maintained its importance across Company Stages.
  • Almost 10% of Large Cap (Private) respondents indicated that IP played no role within their company.
  • Less than 50% of Small Caps and Start-Ups license out their IP.
  • Almost half of Start-Ups and Small Caps, and over 1/3 of Large Caps (Private) and Large Caps (Public), have no IP policies in place.
  • More than 1/3 of Start-Ups and Small Caps, and approximately 2/3 of Large Caps (Private), have been engaged in an IP dispute.
  • Between 50% and 75% of Small Caps and Large Caps expressed the view that nothing could be done to address the risk of third party IP disputes.

“Companies continue to view IP as a critical driver for their business model, but despite a significant litigation risk, respondents have been slow to adopt appropriate risk mitigation strategies,” said John Beardwood, partner at Fasken Martineau in Toronto.

“A critical component of a successful IP management strategy is to implement measures to mitigate the risks associated with IP. Assess your IP risk, determine the type of IP you have, develop and implement an effective IP management policy and adopt the IP strategy which is right for your company stage,” added Mark Penner, partner at Fasken Martineau in Toronto.

Download a copy of the 2016 IP Survey Report: How Healthy Is Your Company’s IP? A Temperature Check.

About Fasken Martineau

Fasken Martineau is a leading international business law and litigation firm. With more than 700 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London and Johannesburg. For additional information, please visit the firm's website at


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