Freedom to Operate Conundrum

Madelein Kleyn, CEO Mad K IP Consulting, Mad K IP Consulting (Pty) Ltd, South Africa

Growing a patent portfolio by protecting the innovation derived from research and development investment is merely the beginning to the creation of value. Freedom to use, sell and otherwise exploit the invention is the challenge. This is so often misunderstood.

Dr. Madelein Kleyn has more than 27 years international experience as intellectual property practisioner, patent attorney and in-house legal corporate counsel in the petrochemical and agri industries. She is presently the Director, Technology Transfer at Innovus, the division of Stellenbosch University accountable for the commercialisation of IP eminating from the University. She also is the CEO and founder of Mad K IP consulting (Pty) Ltd a private company advising clients on IP matters. She is a qualified chemical engineer (BSc Chem Eng) , an admitted attorney of the High Court of South Africa and a registered South African patent attorney. She holds a LLM in tax law and PhD in intellectual property law. Her technical expertise is in the area of petrochemicals, chemistry, process engineering, explosives and agriculture. Madelein’s main areas of expertise include IP Portfolio management, IP policy and strategy development and implementation. She regularly advises on corporate governance and IP risk management and specialises in drafting and advising on IP-related business transactions, including technology transfer and licensing. Madelein has authored and presented various articles, papers and publications on IP matters internationally specifically on technology and IP licensing and commentaries on national IP related legislation. Since 2014 she is the co-editor of the textbook ’International Pharmaceutical Law