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Technology - Intellectual Property Licensing

Many of the traditional benefits often cited for the licensing of technology are applicable in today's marketplace. For example, licensing a technology may be the least expensive alternative to litigation. It may provide income from otherwise dormant assets. Obtaining technical assistance and providing a presence in foreign markets are now more important than ever. In addition, however, e-commerce provides new challenges that need to be in the forefront of the licensing lawyer's mind. These challenges may include a need for standardization, becoming a brand leader in an area of technology, participating in technology shifts resulting from underlying changes within an industry, and assuring long-term profitability in an unpredictable world.

Lawyers and business executives have very different perspectives on the topic of licensing. To lawyers, license agreements require a focus on the rights, obligations and liabilities created in a license: whether it is exclusive or non-exclusive; its field of use; indemnifications and warranties; termination clauses, etc. To a business executive, the question is whether by granting or taking a license on a patent, trademark, or other proprietary right, the business will successfully advance its business strategy. Stated simply, the licensor or licensee wishes to maximize dollar profits and technology profits.

This difference in perspectives sometimes leads lawyers to draft license agreements without having a clear understanding of the business goals of their clients. By understanding the overriding business strategy behind the granting or taking of a license, lawyers can produce a far better product for their clients - both the deal and its written expression. Moreover, we all know that some clients are so enamored with the end result, they are unwilling to focus on the details of the agreement. By clearly understanding your client's business strategy, we can help to direct clients' focus to the terms that will achieve those goals.