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By, Arun Narasani,
Co-founder/CEO, Brain League IP Services
www.brainleague.com



VALUE CHAIN PERSPECTIVE IN LEGAL
OUTSOU...
BRAIN LEAGUE

 Boutique IP services and consulting firm
 50+ patent engineers and attorneys

 Presence in US and India ...
AGENDA

 Offshore outsourcing
 Value chain and human resources

 Challenges

 Emerging trends

 Example

 Considerat...
OFFSHORE OUTSOURCING




          © Brain League IP Services
ONSHORE VS OFFSHORE
   Regulatory framework
       Risk vs reward

   Experience
       Incremental vs leap

   Cost ...
ONSHORE VS OFFSHORE

   In-house counsel
     Job   security vs value addition


   Capacity requirements
     Stable ...
OPPORTUNITY – EXPORTS IN 2011 ($BN)
  700



  600



  500



  400

                                                    ...
EMPLOYMENT OPPORTUNITY – 2011 (MN)
                  Employment
  3



 2.5



  2



 1.5



  1



 0.5



  0
         ...
Intangible assets account for up to 80% of
           market value in 2010




  Source: Ocean Tomo's Annual Study of Inta...
TRENDS LEADING TO OFFSHORING
   Proliferation of patent applications worldwide
       Value of patent portfolios
 Lack ...
SEGREGATION OF WORK
Non – core work                   Non – core portfolio
- Repetitive, and/or              - Relatively ...
VALUE CHAIN IN OFFSHORED SERVICES




                      © Brain League IP Services
High        ITO                    KPO



       Software R&D     Business          Legal
                        Services...
High




                                                                             High Aptitude + Inter
              ...
PATENT SERVICES
                  Innovation/ Idea Generation




    Disclosure           IP Research and                ...
HUMAN RESOURCE SKILLS




           © Brain League IP Services
INVENTOR INTERACTION

    Invention Disclosure            Inventor Review




     Inventor Interview              Second ...
EXAMPLES


               Robotic Arm




              Search method




           Computer Input Device




           ...
KEY SKILLS
   Communication
       Written and oral

   Legal
       Region specific; case law updates

   Technical
...
CHALLENGES




   © Brain League IP Services
CHALLENGES – RESOURCES
   Lack of ecosystem for IP in India
        Only about 10,000 applications were being filed in I...
CHALLENGES – MARKETING
   Quality
        Basic skills
        Inter-disciplinary education/understanding
        Cons...
EMERGING TRENDS




     © Brain League IP Services
CAPTURING VALUE

   Expertise

   Process

   Delivery

   Organization


                   © Brain League IP Services
EXPERTISE

   Higher up in value chain
     Ex:   litigation


   Domain expertise
     Ex:   telecom


   Niche serv...
PROCESS INTEGRATION

   Enable self-service
     Automation

     Increase   efficiency


   Transparency/ confidentia...
DELIVERY

   People



             Onsite

                      Onshore       Offshore



   Mode
                    ...
ORGANIZATION

   Structure

   Incentives




                 © Brain League IP Services
EXAMPLE




© Brain League IP Services
US Office                US          US


                                               IN




CN/IN Office             I...
LEADING NICHE MOBILE PHONE COMPANY
   Problem
     Conceptualization in US; manufacturing in China;
      Design and R&D...
IP SERVICES
       IP Generation            IP Protection           IP Risk Mitigation
              &                    ...
CHOOSING AN OFFSHORE PARTNER




                  © Brain League IP Services
CAPABILITIES

   Team

   Track record

   References

   Pilot/Test cases


                       © Brain League IP ...
SKILLS AND PRACTICE
   Understanding of foreign legal systems
       People trained in foreign legal systems

   Langua...
PROCESS AND INFRASTRUCTURE

   Process and Technology infrastructure
     Defined and Repeatable processes
     Metrics...
QUALITY

             Consistency

             Multi-step quality check

             Multi-layer?




               ...
SUMMARY AND Q&A




      © Brain League IP Services
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Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 1 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 2 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 3 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 4 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 5 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 6 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 7 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 8 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 9 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 10 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 11 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 12 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 13 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 14 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 15 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 16 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 17 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 18 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 19 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 20 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 21 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 22 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 23 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 24 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 25 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 26 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 27 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 28 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 29 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 30 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 31 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 32 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 33 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 34 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 35 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 36 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 37 Value Chain Analysis in Legal Outsourcing, By Arun Narasani Slide 38
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Understanding the legal outsourcing industry through value chain, challenges faced, and business models adopted

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Value Chain Analysis in Legal Outsourcing, By Arun Narasani

  1. 1. By, Arun Narasani, Co-founder/CEO, Brain League IP Services www.brainleague.com VALUE CHAIN PERSPECTIVE IN LEGAL OUTSOURCING INDUSTRY
  2. 2. BRAIN LEAGUE  Boutique IP services and consulting firm  50+ patent engineers and attorneys  Presence in US and India across four offices  Clients in US, Europe, and India  60+ partner law firms around the world  Single point IP solutions © Brain League IP Services
  3. 3. AGENDA  Offshore outsourcing  Value chain and human resources  Challenges  Emerging trends  Example  Considerations in choosing a partner © Brain League IP Services
  4. 4. OFFSHORE OUTSOURCING © Brain League IP Services
  5. 5. ONSHORE VS OFFSHORE  Regulatory framework  Risk vs reward  Experience  Incremental vs leap  Cost savings  Control vs focus  Outside cousel  Threat to bottomline vs margins © Brain League IP Services
  6. 6. ONSHORE VS OFFSHORE  In-house counsel  Job security vs value addition  Capacity requirements  Stable vs varying © Brain League IP Services
  7. 7. OPPORTUNITY – EXPORTS IN 2011 ($BN) 700 600 500 400 Global spending 300 India exports 200 100 45 14 0.4 0 IT & Software BPO LPO © Brain League IP Services
  8. 8. EMPLOYMENT OPPORTUNITY – 2011 (MN) Employment 3 2.5 2 1.5 1 0.5 0 IT/BPO KPO © Brain League IP Services
  9. 9. Intangible assets account for up to 80% of market value in 2010 Source: Ocean Tomo's Annual Study of Intangible Asset Market Value - 2010 © Brain League IP Services
  10. 10. TRENDS LEADING TO OFFSHORING  Proliferation of patent applications worldwide  Value of patent portfolios  Lack of resources locally to handle the increase in work  Exorbitant costs to do it all locally  Cost of obtaining patent rights: USD 15,000 to USD 30,000+  Difficulty in handling worldwide work centrally for some MNCs  Slowing economy © Brain League IP Services
  11. 11. SEGREGATION OF WORK Non – core work Non – core portfolio - Repetitive, and/or - Relatively simple work, and/or - Transactional - Non-strategic Core work Core portfolio - Highly specialized, and/or - Requires higher skill set, and/or - Strategic in nature/ involves - Strategic in nature higher risk © Brain League IP Services
  12. 12. VALUE CHAIN IN OFFSHORED SERVICES © Brain League IP Services
  13. 13. High ITO KPO Software R&D Business Legal Services Services IT Consulting BPO Software ERM HRM CRM Infrastructure Low © Brain League IP Services
  14. 14. High High Aptitude + Inter Analysis patent drafting, Disc. Exp. Landscape analysis, contract drafting, etc. People Aptitude + Exp. Legal Research Information gathering, Prior art searches, litigation support, etc. Basic Aptitude Legal Support/ Staff augmentation Document review and formatting, transcription, paralegal services, etc. Delivery Quality CRM Low Process © Brain League IP Services
  15. 15. PATENT SERVICES Innovation/ Idea Generation Disclosure IP Research and Application Development Analysis Preparation Filing and Portfolio Licensing & Prosecution Maintenance Commercialization Litigation © Brain League IP Services
  16. 16. HUMAN RESOURCE SKILLS © Brain League IP Services
  17. 17. INVENTOR INTERACTION Invention Disclosure Inventor Review Inventor Interview Second Draft Novel elements summary Final Review Application forms preparation and First Draft Filing Start to finish in about 3 to 4 weeks © Brain League IP Services
  18. 18. EXAMPLES Robotic Arm Search method Computer Input Device © Brain League IP Services
  19. 19. KEY SKILLS  Communication  Written and oral  Legal  Region specific; case law updates  Technical  Cutting edge technology  Project management  Time critical © Brain League IP Services
  20. 20. CHALLENGES © Brain League IP Services
  21. 21. CHALLENGES – RESOURCES  Lack of ecosystem for IP in India  Only about 10,000 applications were being filed in India in 2002  In 2011-12, the number stands at 37,000 applications; 80% from foreign applicants  Lack of resources with inter-disciplinary skills  Social structure and pressures  Lack of experience with foreign systems  Attrition  10 to 25% attrition rate due to economic growth and opportunities  Attrition higher in lower segments of value  Competition with other industries; captive units that pay higher salaries; obsession with IT job as a status symbol © Brain League IP Services
  22. 22. CHALLENGES – MARKETING  Quality  Basic skills  Inter-disciplinary education/understanding  Consistency  Credibility  Prior data theft cases  Director of a business process outsourcing (BPO) unit for his alleged involvement in stealing medical history data in 2011  Employee of a mobile operator BPO shares data outside company in 2010  Lack of a credible IP environment  Cost savings  Diminishing labor arbitrage opportunity © Brain League IP Services
  23. 23. EMERGING TRENDS © Brain League IP Services
  24. 24. CAPTURING VALUE  Expertise  Process  Delivery  Organization © Brain League IP Services
  25. 25. EXPERTISE  Higher up in value chain  Ex: litigation  Domain expertise  Ex: telecom  Niche services  Ex: patents © Brain League IP Services
  26. 26. PROCESS INTEGRATION  Enable self-service  Automation  Increase efficiency  Transparency/ confidentiality/ security  Increase interaction and engagement; value addition © Brain League IP Services
  27. 27. DELIVERY  People Onsite Onshore Offshore  Mode + Online Offline © Brain League IP Services
  28. 28. ORGANIZATION  Structure  Incentives © Brain League IP Services
  29. 29. EXAMPLE © Brain League IP Services
  30. 30. US Office US US IN CN/IN Office India CN EP HK JP CA AU © Brain League IP Services
  31. 31. LEADING NICHE MOBILE PHONE COMPANY  Problem  Conceptualization in US; manufacturing in China; Design and R&D in India  Distributed IP processes; multiple law firms  Lack of internal resources and focus on IP  Solution  Single point IP management solution  Centralized docketing and reporting  Increase efficiency in terms of manpower and costs © Brain League IP Services
  32. 32. IP SERVICES IP Generation IP Protection IP Risk Mitigation & & & Identification Management Commercialization Policy and process Prior art search FTO/ Landscape/ setup Infringement/ Validity Application drafting Research & Analysis Strategy services Filing and prosecution Training Open source analysis Portfolio maintenance Disclosure development Portfolio review and License Agreements analysis Agreements © Brain League IP Services
  33. 33. CHOOSING AN OFFSHORE PARTNER © Brain League IP Services
  34. 34. CAPABILITIES  Team  Track record  References  Pilot/Test cases © Brain League IP Services
  35. 35. SKILLS AND PRACTICE  Understanding of foreign legal systems  People trained in foreign legal systems  Language skills  Hiring and training practices  Inter-disciplinary  Continuous learning  HR practices to retain talent  Organization structure  Incentives to retain © Brain League IP Services
  36. 36. PROCESS AND INFRASTRUCTURE  Process and Technology infrastructure  Defined and Repeatable processes  Metrics/SLAs  Automation  Security/confidentiality measures  Physical, Technology & legal © Brain League IP Services
  37. 37. QUALITY  Consistency  Multi-step quality check  Multi-layer? © Brain League IP Services
  38. 38. SUMMARY AND Q&A © Brain League IP Services

Understanding the legal outsourcing industry through value chain, challenges faced, and business models adopted

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