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Intellectual property and investment funds, vol 1

Francesca Schmitt

in EIKV-Schriftenreihe zum Wissens- und Wertemanagement from European Institute for Knowledge & Value Management (EIKV), Luxembourg

Abstract: IP needs to be considered as key factor in order to create value across industries, even though it correlates with many challenges. Nonetheless, IP as asset can be interconnected with the financial markets. Therefore, intermediaries, such as investment funds are necessary. Since Luxembourg is the leading investment fund centre in Europe and second in the world, this thesis analyses how IP can be interconnected with various investment fund structures in Luxembourg. Based on this, the most suitable structure shall be evaluated. After a short description of intangible assets and its subset IP, as well as their divergent valuation approaches, investment fund vehicles in Luxembourg are addressed. Subsequently the role of IP in Luxembourg is illustrated and finally evaluated based on a SWOT analysis. In order to draw the connection between IP and investment funds, several potential investment fund structures for Luxembourg are described and analysed towards their compatibility with IP. In order to receive a practical insight, interviews have been conducted with experts from diverse knowledge fields. The results of the interviews show that currently too many divergent key challenges exist which ultimately need to be overcome before considering investment funds as intermediary between IP and the financial market. Nonetheless, currently the opportunity of setting up SPV's with a sale and lease-back structure can be utilized in order to achieve a successful interconnection.

Date: 2016
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