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AGENDA
• INTRODUCTION
• LEGAL
• CONTRACTUAL
• BUSINESS CONSIDERATIONS
• CULTURAL
• BREXIT
• TARIFFS
Source: Basics of Licensing International Edition
LICENSING A LARGE AND GROWING MARKET
Global Retail Sales of Licensed Merchandise, By Region,
2017 = $271B + 3% vs 2016
$157,662$53,233
$26,049
$9,349
$9,531
$10,716
$4,790 $308
US/Canada (58%)
Western Europe (20%)
N Asia (10%)
LATAM (4%)
Eastern Europe (3%)
SEA/PAC(3%)
ME/Africa (2%)
ROW(.1%)
(in millions US$) Chart C
LEGAL
• IP PROTECTION AND REGISTRATION
• IP MONITORING & ENFORCEMENT
IP PROTECTION/REGISTRATION
• TRADEMARK
• A trademark protects words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods
• COPYRIGHT
• Copyright protects original works created in a fixed form including literary, dramatic, musical, artistic, and certain other intellectual works. For example, a business can copyright its books, reports, audio or video materials.
Source: United states patent & copyrights offices websites
Fishwives Club Boutique Winery
IP PROTECTION/REGISTRATION
• Plan protection strategy
• Hire good legal support
• Common law vs civil law territories
• International Registration – the Madrid system.
IP PROTECTION/REGISTRATION
• THE MADRID SYSTEMCreates a centralized system for the filing, registration and maintenance of trade marks in multiple jurisdictions
• COMMUNITY TRADE MARK – EUSingle trademark registration enforceable throughout the EU
• NICE CLASSIFICATION SYTEMEstablished a common classification system of goods and services
IP ENFORCEMENT AND MONITORING
• In/house Counsel/outside IP firms
• Licensees
• Investigators/Law Enforcement/Customs
• The internet
• Trademark and Domain Name Watch Services
Designer Shoe Collaboration For Cinderella
Fashion Collaboration for Alice Through the Looking Glass
Thomas Wylde Fashion Show
Designer Collaborations with:
Robert Clergery
James Banks
Patricia Underwood
CONTRACTUAL
• Choice of jurisdiction
• Provisions to ensure that standards of quality control in place to protect IP.
• Work for hire
• Moral rights
• Choice of currency
BUSINESS CONSIDERATIONS
• Tax implications
• Pricing
• Markets & Retail
• Route to Market
TAX IMPLICATIONS
• Witholding taxes
• Double taxation treaties
• Gross up clauses
PRICING
• Familiarize yourself with commercial practices
• Discounts and other deductions
• EU – price discrimination
• Competition Law
MARKETS & RETAIL
• Retail concentration
• Specialty vs Mass Market
• E-commerce
• Consumer preferences
EU -GERMANY• Consumer demand driven by educational values
• Action properties see lower demand
• Sucessful Homegrown properties
• Fragmented retail
Source: Basics of Licensing International Edition
EU - UK• Mature licensing market
• Similar consumer tastes to US
• Strong home grown properties
• Dominant mass market
• Strong e-commerce platforms
Source: Basics of Licensing International Edition
EU - FRANCE• Open to new licenses, US , Japan
• Strong local properties
• Strong mass market
Source: Basics of Licensing International Edition
EU - NORDICS• Consumer taste for non-violent properties
• Strong
• Tech sector strong, creative
• Growing local e-commerce platforms
Source: Basics of Licensing International Edition
EU - ITALY• Consumer follows licensing trends in most other
markets
• Strong mass account
• Ongoing economic malaise
Source: Basics of Licensing International Edition
EU - SPAIN• Highly concentrated retail market
• Consumers embrace global IP
• Slow to emerge from recession
Source: Basics of Licensing International Edition
LATIN AMERICA • Licensed character have strong consumer appeal
• Varied retail landscape
• Growing population
• Economic expansion
Source: Basics of Licensing International Edition
CHINA• Media distribution
• Strong presence of International IP
• Growing local content
• Retail still fragmented
• Anti – Counterfeit measures
Source: Basics of Licensing International Edition
ROUTE TO MARKET
• Local Office
• Chosing an Agent
• Chosing a Licensee
• Creative Asset requirements
BREXIT
TARIFFS
If want to learn more a great
resource is the Basics of licensing
international edition
TED LARKINSAUTHOR, EXECUTIVE COACH, LICENSING CONSULTANT @ GET TO LLC
JIGGY GEORGEFounder - Dream Theatre Group, Head of India chapter of Licensing International
L I C E N S I N G 1 0 1
I N D I A A N D
S O U T H A S I A
Overview
India and South East Asia represent one of the most vibrant and fast growth licensing markets in the world. India with
its growth statistics and young economy is one of the three emerging markets alongwith China and Brazil
Despite its geographical proximity, the region is diverse as no other in terms culture, language, religion and retail
development.
While in South East Asia retail is far more developed, India’s organized retail is still just 10% of the market.
Television rules the roost for entertainment/ kids animation properties and a strong presence on TV is a must for kids
entertainment and character licensing business to make it big.
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There is a massive digital revolution underway in the region. India has 468 million smart phones in 2017, which will
grow to 859 million by 2022. South East Asia has equally high numbers in smart phones as well as internet
penetration.
E-commerce is on an upswing. This is specially significant in India where it can service consumers not served by
traditional retail and reach fans wherever they are.
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Key Genres :
EntertainmentTV is the largest subset in the entertainment business and character licensing is massive, driven by all sizes of screens! For a enetrtainment/ character property to work, it must be a established and highly popular.
FashionIndia is set to touch 102 Billion USD by 2022, offering massive head room for fashion licensing to make its presence felt. Similarly Fashion is big business in markets like Thailand, Singapore and other South East Asian markets.
Brand
Sports Sports is a growing proposition across the region. Cricket is big in India, but soccer licensing business is gaining ground. Soccer is massive in Thailand, Malaysia and Singapore. Philippines is high on Basketball.
High awareness of international brands coupled with high propensity to spend on big brands makes Brand Licensing a heavyweigth genre.
Celebrity Bollywood is supreme and Indian superstars rule the roost and similarly regional superstars have fan following in there home countries.
What you need to know!
A property must be built, invested in to have resonance before its licensed. Design programmes, Art licensing, Fashion
Licensing must have regional relevance and resonance.
Entertainment properties must have a strong presence on TV. A well managed , regional TV strategy versus a global
footprint is a corner stone of building the business.
With growth in smart phones and internet penetration, viewership patterns are changing. Digital properties are on
the rise. And niches in the markets are very big.
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Organized retail is growing and private labels are gaining ground. Direct to Retail, both Online and Offline are good
launch pads, but must be coupled with a strong mass distribution strategy to have a dual approach of class and mass
strategy.
Global + Local approach works best. Global partners will bring speed to market with international product lline and
will build aspiration. Local partners will have strong distribution network and the right pricing strategy to go deep.
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What is the best approach
Same strategy will not deliver across markets and must be made locally relevant. In depth market research is a must
before entering a territory.1
FMCG, White Goods, Customised solutions x Licensing are sunrise industries with headroom to grow, but brand
asprations are different within the region.
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Counterfeit and piracy is a challenge in the region and needs to have a solid strategy. IP registrations is a must for
protecting IP and IP owners must engage local legal counsel or empower agents to take legal action to curb piracy.
Scout for Long Term partners who have the following tick marks:
▪ Agents: Market knowledge, long standing relationships with retailers, experience in managing brands and launching
products, long standing relationships with key retail, licensees & broadcast partners
▪ Licensees: Ability to create and produce, strong distribution network and marketing wherewithal
Market Notes
Deals take a long time to fructify and need involved local teams in place to constantly be in touch and follow up
across stages.
Localised marketing communication leads to delta in sales.
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As diverse the markets are, there are a few common threads.
Properties emanating in the region may or may not travel seamlessly within the region or internationally.
Dig in your heels for the long term play, get your product and pricing strategy right, invest in the market and you will
not be disappointed.
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Indians and Thai find it very difficult to say no. In the absence of a decision, its best to fix a timeline and move to the
next player.
THANKYOU
www.dreamtheatre.co
© DTPL