JULY / AUGUST 2008
Litigation planning for licensors
IP licensing is a key tool in any company's belt. But several recent Supreme Court decisions could make the process trickier, say Edward E Vassallo and Swatee Jasoria
| One-minute read |
| In today's business environment, a company's intellectual property is one of its most significant assets. Licensing agreements have become common vehicles through which companies can generate revenue and also protect their valuable IP assets. But, in light of recent Supreme Court jurisprudence, the licensor should take additional pre-licensing steps to fully protect its rights and minimize loss. In theory, with carefully drafted provisions in IP licences and settlement agreements, uncertainties and problems can be effectively addressed and litigation can be avoided. However, in the event that litigation does become necessary, it is important that parties keep these Supreme Court decisions in mind when drafting licensing provisions. |
Companies seeking to monetize their intellectual property assets often turn to licensing. A licensing agreement can be beneficial to both parties – it allows the licensor to collect royalties and the licensee to reap the benefits of someone else's intellectual property. This relationship, however, can become adversarial when a licensee attempts to circumvent the terms of the licensed intellectual property agreement.
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