While offshore outsourcing is the current trend on the IP block, there has been an endless debate over the pros and cons over this issue. I would like to focus on the merits and precautions regarding the IP outsourcing phenomenon. Why do most of the big firms need an external IP counsel along with the in-house IP team. There is a big reason attached to it. One of the basic fact is that by employing an outhouse IP counsel , there is an increases level of effective IP management. There are times when work takes a toll for in-house IP counselors to follow up the relevant cases. In all such circumstances hiring and outsourcing IP work to paralegals or legal attorneys in respective domains definitely seems to be an effective proposition. Another crucial factor is "Cost". By outsourcing IP related work , firms not only get an added advantage of outhouse IP expertise but at the same time can effectively reduce costs and time associated with the IP projects. While outsourcing gives an added advantage of getting a “Bird’s eye view” approach of IP related matters from offshore IP consultants and practitioners, it also causes many concerns.
In the recent past off shoring the IP related work to independent contractors, legal attorneys, paralegals and SME’s definitely has added to the global GDP and created business and work opportunities worldwide but it is not to forget that all this comes with a sack of concerns. While on the one hand, firms get cost effective IP portfolio, asset management and other IP related services via outsourcing but on the other hand, issues like disclosure of information, trade secrets, ownership matters, sub-contracting, etc, can be a reason for concern. It is utmost important for the firms to create legal agreements for non- disclosure of relevant information to protect their outsourced intellectual property. The firms have to be vigilant about competitors or any outflow of IP knowledge while off shoring. Therefore, looking at the above mentioned spectrum of merits and concerns, it is mandatory to follow a well defined , well etched, integrated IP framework which will have clear standards and protection regimen for outsourcing IP related work.
(Image by Shlomit Wolf)
