| I. POSITION PURPOSE: The Director of Worldwide Intellectual Property is responsible for the overall direction and development of AGCO’s intellectual property portfolio on a worldwide basis including development and implementation of patent portfolio strategies across AGCO. This position is responsible for establishing company-wide best practices and procedures for intellectual property. This position includes the responsibility of supervising AGCO’s in-house patent and trademark professionals and managing outside legal counsel worldwide. The responsibilities also include managing intellectual property disputes on a worldwide basis in a variety of jurisdictions and driving them to successful resolution. This position is responsible for managing and negotiating transactional IP matters such as patent and trademark licenses, settlement agreements and other any other agreements having IP provisions. The responsibilities include managing a complex intellectual property program within budget and accurately projecting costs on a worldwide basis. The responsibilities also include coordinating, maintaining, and standardizing AGCO’s non-disclosure agreements and related duties on a worldwide basis.
II. MAJOR ACCOUNTABILITY: KEY MEASUREMENT:
• Manage a team of IP professionals and support staff worldwide • Team performance, individual management and timely completion of appraisals
• Implement and manage overall intellectual property portfolio strategies across AGCO • Development and implementation of US and international patent filing strategies
• Manage invention submission and review process for all Patent Committees • Provide direction and guidance regarding strategies and goals
• Acquire patent and trademark rights • Number of patent applications filed globally and adequate trademark protection for marketing programs
• Manage new products clearance searches (freedom to operate) • Protect AGCO from allegations of infringement
• Enforce AGCO’s patent and trademark rights • Deny use of AGCO’s IP by other parties
• Direct legal opinions and analysis of patent and trademark infringement matters • Initiate and manage technical and legal research to develop legal opinions and business strategies to protect AGCO’s freedom to operate
• Manage transactional intellectual property matters • Negotiate, draft, and evaluate patent and trademark licenses, settlement agreements, nondisclosure agreements, other intellectual property agreements, and any commercial agreements having IP provisions
• Manage intellectual property dispute/litigation matters on a worldwide basis and in a variety of jurisdictions • Prepare and coordinate activities and responses to drive intellectual property dispute/litigation matters to successful resolution
• Oversee IP due diligence and resolve issues relating to M&A activities • Closing of commercial transactions with the appropriate IP rights
• Select, supervise, and ensure quality control of outside intellectual property counsel • Assign and manage work performed by outside counsel while adhering to the overall intellectual property budget
• Evangelize intellectual property issues across AGCO • Establish training sessions and provide guidance on intellectual property issues
III. FUNCTIONAL KNOWLEDGE:
Describe the level of knowledge of function work and activities required to fulfill the role. Is the role task driven/ procedural or is there a requirement to consider the application of principles and/or theory and practice ?
This position is responsible for managing all of AGCO’s intellectual property matters on a worldwide basis including prosecution, litigation, and transactions. This job requires expertise in US and multinational/international patent law to direct the overall direction of AGCO’s intellectual property portfolio including the development and implementation of patent portfolio strategies across the entire company. The role requires the ability to analyze situations and advise management on the best and most pragmatic approach to resolution. The job further requires detailed knowledge of AGCO’s dispute and litigation matters related to intellectual property including patent and trademark litigation in the US. Also, the job requires the handling of transactional matters involving intellectual property on behalf of AGCO whether as stand-alone or as part of a larger agreement. The position requires the ability to prepare, file and prosecute all necessary patent and trademark applications and perform any necessary infringement investigations. The position also requires the ability to manage a complex intellectual property program within budget and to accurately project costs.
IV. BUSINESS EXPERTISE:
Describe the required level of knowledge and expertise about the business. Does the job holder require:
a. little understanding of the business
b. understanding of the team
c. understanding of the function/department
d. overall knowledge of the industry/other industries?
This position requires a comprehensive understanding of technical and inventive features of AGCO’s products as well as the ability to distinguish our competitor’s technical features from our own. This position requires collaboration and coordination with engineering as well as product development. This role requires: 1. an understanding of AGCO’s international company structure;
2. an understanding of each brand’s product line and likely future products and manufacturing strategies;
3. an understanding of major competitors’ product lines;
4. an understanding of transactional agreements in the Ag industry including purchase agreements, joint venture agreements, nondisclosure agreements, supply agreements, and their inner workings as related to IP; and
5. an understanding of risk and rewards of litigation and settlements in the Ag industry. V. LEADERSHIP/PEOPLE MANAGEMENT:
To what extent is the job responsible for guiding/supervising or managing people (including level of ‘authority’ and budgetary responsibility)
Does the position ‘supervise’ shop floor/clerical, professional or managerial employees? Please attach an organization chart. This position manages other intellectual property professionals and support staff within AGCO and is an excellent team manager and communicator. The role requires an understanding of different nationalities, personalities and cultures. This position manages a portion of the legal budget and also provides significant input into the budget of several engineering sites regarding intellectual property. Also, this position is responsible for educating and training AGCO engineers and managers in regard to intellectual property so that valuable property rights are preserved.
VI. PROBLEM SOLVING:
Describe how problems are solved by the job holder
The position requires the ability to analyze complex business, technical and legal situations and to develop and implement recommendations that meet the business, technical and legal needs of AGCO. Therefore, the position requires the ability to analyze input from engineering, product development, and other AGCO team members to avoid disputes with other companies or resolve them once they occur. This position requires business judgment coupled with the legal expertise to devise and recommend pragmatic solutions to resolve problems on behalf of AGCO. VII. NATURE OF IMPACT
Describe how the job impacts the business and the overall responsibility associated with the job. This position is responsible for protecting AGCO’s ability to operate freely without interference from competitors and to ensure that AGCO does not lose valuable intellectual property rights. This position makes decisions on how to file patent and trademark applications throughout the world to protect AGCO’s product designs and improvements to obtain commercial advantages over our competitors. The development and maintenance of AGCO’s intellectual property increases the intangible assets of AGCO. Provides guidance on IP licensing matters and opportunities to obtain intellectual property through purchases. Assists in evaluating monetary value of intellectual property. Assists in guiding intellectual property litigation matters to successful completion.
VIII. AREA OF IMPACT:
Describe which parts of the business the job impacts (internal and external), e.g. team, department, function. This position impacts AGCO worldwide across Legal, Engineering, Product Management, and Marketing. This position impacts across all business units because the intellectual property rights obtained in each country affect AGCO’s ability to operate in each country. Moreover, this position impacts AGCO internally by educating and training AGCO engineers and managers in regard to intellectual property so that valuable property rights are preserved. IX. INTERPERSONAL SKILLS:
Describe the level and type of regular and ongoing interpersonal skills required with others, over and above superior/subordinate exchanges. This position requires the ability to communicate persuasively with different management levels, including other intellectual property professionals (internal and external to AGCO), AGCO’s top engineers, and business leaders, thereby becoming their trusted advisor. This position also negotiates on behalf of AGCO on transactional matters with third parties. Moreover, this position is responsible for providing information to the General Counsel and other senior executives and managers in regard to intellectual property matters. X. QUALIFICATIONS AND EXPERIENCE :
Indicate the qualifications and number of years experience required, including areas that are industry specific, education, technical, software etc. Legal Qualifications: 1. The position requires a professional doctorate degree in law (Juris Doctor or equivalent). This position requires detailed knowledge and understanding of and hands-on experience in patent law, intellectual property litigation, and licensing including the ability to prepare and coordinate pleading in intellectual property disputes and the ability to draft and negotiate intellectual property and commercial agreements.
2. The position also requires qualification to file and prosecute patent and trademark applications on behalf of AGCO.
Technical Qualifications: The position requires an engineering degree in order to understand AGCO’s inventions and the inventions of AGCO’s competitors.
Experience:
The position requires minimum 15+ years of law firm and in-house experience. The experience must include driving intellectual property disputes to a successful resolution and include initiating, structuring, negotiating and drafting complex intellectual property licenses, settlement agreements, and other IP-related contracts. The position requires experience negotiating with research institutions including universities and government entities. The experience must also include overseeing IP due diligence and issue resolution relating to M&A activities. The job requires experience managing a complex intellectual property program within budget. The experience must include patent and trademark litigation.
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