licensing

The use of any intellectual property right by a third party can be authorised by a licensing agreement, but the commercial exploitation of any intellectual property right can take many forms. If this course is taken, consideration must be given to a number of factors:

• Restrictions on the use of a licensed intellectual property right, for example geographic / territorial restrictions;
• Exclusivity of use of the licensed intellectual property. If exclusive use is of pivotal importance, this may affect the premium charged;
• Representations of authenticity of the intellectual property right being licensed, namely can it be demonstrated that the licensed right does not infringe other existing intellectual property rights?;
• Deciding on the applicable jurisdiction to govern potential legal disputes over the licence agreement;
• Terms of agreement, confidentiality and royalty rates;
• The nature of the intellectual property right that is the subject of the licence agreement, and whether further intellectual property rights exist that will enhance the value of the agreement to the proprietor of the rights?

News & Events

22/6/09 Dawn Osborne joins PBL as partner

Testimonials

'...knowledgeable and well versed in many of the essential aspects of fashion branding and rights protection both domestically and cross boarder... pb legal offer a complete package from securing and protection of critical trade marks and domain names, through to providing commercial agreements that protect the brand in its commercial and marketing endeavours..."
Ben Beeby, Co-Owner