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ARTICLE · 01 FEBRUARY 2024

Top Considerations In Technology Licensing

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In this era of open innovation, license agreements form the conduits that allow intellectual property ("IP") rights to flow from one organization to another.

CanadaIntellectual Property
Amélie Béliveau
Amélie Béliveau
Jean-Philippe Mikus
Jean-Philippe Mikus
David McLauchlan
David McLauchlan
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In this era of open innovation, license agreements form the conduits that allow intellectual property ("IP") rights to flow from one organization to another. A good licence constitutes the blueprint for a healthy, mutually beneficial business relationship, while a bad one can lead to confusion, disputes and serious adverse consequences for one or both parties.

Licenses constitute complex contractual arrangements with many interdependent provisions. Drafting and negotiating licenses therefore requires time, experience and careful consideration. The following represent some of the top issues when contemplating a technology license.

Due Diligence

Before entering negotiations in earnest, licensees should carefully examine what the licensor is offering. Important questions at this stage include:

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