IP licensing: 5 lessons learned from litigation

The licensing of intellectual property (IP) rights brings many benefits to all parties involved. Aside from financial gains, IP licensing arrangements can assist with building brand exposure, risk sharing and commercialising the IP through geographical expansion.

Looking at the recent examples below, we highlight the top 5 key lessons learned from cases that have involved consideration of IP licensing arrangements. As the cases demonstrate, IP rights holders and their licensees can avoid commercial risks (including litigation) by ensuring that their arrangements are drafted with care. In particular, parties should draft their agreements having regard to:

• the significance of the underlying rights and intended purpose of the licensed use;