TECHNOLOGY

Intellectual Property Licensing & Counseling

REFERENCE
GUIDE

Klemchuk LLP negotiates and enforces intellectual property (IP) agreements. We execute those strategies through negotiation and preparation of licensing agreements, and enforce those agreements when neccessary to achieve IP dispute resolution. 

Strategies for Licensing

It is typically within the IP owner’s discretion whether to grant exclusivity or more limited rights to a third party through a license or other mechanism. An IP license grants permissions and privileges based on mutually agreed upon terms. We provide IP counseling to enable clients to make good decisions.

IP licensing can take many different forms, including patent licenses, software licenses, and franchise agreements. Our services include negotiating and enforcing agreements, assessing and identifying rights and obligations created by existing agreements, planning favorable exit strategies, and any other licensing-related services.

Prior to negotiating an IP license, our attorneys conduct an IP audit and advise clients of the available strategies and any likely consequences. After selecting a strategy, we conduct a relationship assessment to discuss the desired terms—including grant provisions, level of exclusivity, territory and field of use limitations, ownership and use of future developed IP, limitations on sublicensing, royalty schemes, and much more. We assist clients to achieve their goals by maximizing the benefits of their intellectual property.

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