Letter from the editor

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Letter from the editor

Six months on from the publication of the Hargreaves Review in the UK, I wonder if its seemingly most insipid recommendation may turn out to be the most controversial. Amid radical proposals regarding copyright licensing and private copying, Hargreaves's suggestion that "evidence should drive policy" barely raised an eyebrow.

Yes, we all nodded at the time, of course policy should be evidence-driven. But unpack that statement and you find it raises all sorts of uncomfortable questions: what evidence is there? How is it compiled? Where does it come from? And, above all, whose evidence is it?

Attending various conferences over the past month, I have been struck by how lazily speakers (often lawyers and patent attorneys who, in other circumstances, would be reluctant to write their own name on a document without footnoting it) roll out statistics without any reference or support, when even the most cursory examination calls for more analysis. More worryingly, proponents of new laws or agreements justify them on the back of specious percentages and dubious dollar figures.

Here are three examples: counterfeiting makes up 5% to 7% of world trade; IP licensing is worth "more than" $600 billion annually (this one is twice cited in the Hargreaves Review); and a quarter of all branded products sold online are fake. Where do these figures come from? The first, which is still widely quoted, seems to appear first in an ICC document in 1997 (making it at least 14 years old). The second is a combination of two separate reports by the OECD in 2009 and UNCTAD in 2010. And the third I have yet to trace satisfactorily.

There are several difficulties here. First is that counterfeiting, being illegal, is hard to quantify: it's hidden and the perpetrators have no interest in counting it. That means it is ripe for guesswork and exaggeration. As Reuters blogger Felix Salmon cogently argues: "All counterfeiting statistics are bullshit." Second, figures are often subservient to the agenda of whoever is paying for the research: it is policy driving evidence rather than the other way around. And third, too many of us are happy to parrot figures without examination, perhaps in the hope that repetition will give them more credence.

The problem with all this is that we are heading on a downward spiral of credibility. Take two recent examples. The Business Software's report last month titled "Inside a $59 billion heist" generated a storm over its definition of piracy and allegedly inflated figures for criminal activity. On the other hand lawyers dismissed a detailed study by the Social Science Research Council ("Media Piracy in Emerging Economies") as being driven by an "anti-business agenda".

If there's a lesson here it is perhaps that we all need to think smaller: sacrifice the spectacular for the useful. Figures such as $600 billion and $250 billion sound impressive, but are really meaningless as a basis for policy. Detailed analysis from small sets of companies, countries and industries may be both simpler to assemble and more useful. That is true whether we're debating the best way to fight piracy, whether to establish an EU patent system or how to value brands on the balance sheet.

All of us have an interest in assembling credible IP evidence – not just statistics, but case studies, surveys and polls. Managing IP will work harder to do this in the future, and it's reassuring to see that national and international IP offices have hired economists and are taking evidence collection more seriously. We particularly look forward to the publication of WIPO's first World Intellectual Property Report later this month, which promises to shed some well-founded light on innovation.

But we cannot leave all the work to the economists. Everyone, including IP owners and their advisers, has a responsibility to use their expertise and overcome the proposition that (to misquote Benjamin Disraeli) there are lies, damned lies and IP statistics.

James Nurton

Managing editor

Managing IP

more from across site and SHARED ros bottom lb

More from across our site

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article