Transferring IP via Offshore PEs: Lessons from Recent BGH & IPAB Decisions

Introduction: The globalization of business operations has transformed intellectual property (“IP”) from a legal asset into a driver of enterprise value. Patents, Trademarks, Copyrights, software, trade secrets and proprietary know-how frequently constitute the valuable assets held by a multi-national enterprise (MNEs) or any company. As a result, many corporations have adopted mechanisms that centralize the ownership of intellectual property in offshore entities or Permanent Establishments...