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, Fri, 3 Sep 2010 21:30:25
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Don't know (did one case for Saab about 18 years ago) but:
(1) there are both "offensive" and "defensive" aspects -- can the intellectual property (IP) owner stop others? (offensive) and is the IP owner free to practice what it wants free from others stopping it (defensive);
(2) in a big transaction, where GM was threatening to close down the plant, I'd think that the buyers didn't have a lot of bargaining power to acquire offensive IP (gee, we'd like to have that patent so we can sue competitor "A") and GM would be unlikely to permit new Saab to sue GM;
(3) obviously things like the trademarks went with Saab -- that symbolizes the reputation of the company to consumer;
(4) some IP was "sold" outside Saab when tooling was sold to China -- at least indirectly -- if you want to see how the parts are made (trade secret?) measure the dies?
(5) some IP was kept by Saab in that it is inherent -- plant layout, employee knowledge;
(6) Saab also needed access to GM IP -- until its own engine production arrangements are made; while setting up dealers to service old Saabs which require GM software, etc.
(7) a lot of business moves so fast and the transactional people are tied up in zillions of details, that sometimes IP is handled by a very brief paragraph without a real strategic analysis and without a real inventory;
(8) I know GM wasn't entirely "on top of" intellectual property -- I have an authorized download of the owners' manual for my 2008, but I don't recall a formal copyright license;
More questions than answers, but I'd be interested in seeing how it was all set up, too.
posted by 63.81.211...
, Fri, 3 Sep 2010 21:30:25
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