LICENCES AND OTHER AGREEMENTS

WHAT IS THE IMPORTANCE OF LICENCES AND OTHER KINDS OF AGREEMENTS WITH REFERENCE TO INTELLECTUAL PROPERTY RIGHTS ?

Within the framework of the development, the protection, and the valorisation of your newly created work, your invention, your trade marks or any other distinguishing signs, you will at various intervals be required to maintain contact with different parties: this will occur in the context of negotiations with a potential partner, in matters of arranging for financing, licences, assignments and transfers, and dealing with conflict management, etc.
In most of these instances, contracts are being drawn up and concluded. As this is an important stage in the progression of your business endeavours, such documents need to be composed with meticulous care.

In order that future conflicts may be avoided, and specifically to safeguard your rights, it is greatly recommended within the context of a partnership to establish the role to be played by each individual party, as well as the management and the property title of the rights and any new developments.

In the event that it should subsequently turn out that one of the parties has failed to remain in compliance with the terms of the agreement in question, or if it should become necessary to resort to further measures, the agreement between the parties forms a fundamental link in the assessment and judgment of the circumstances.

Furthermore, an agreement is also an instrument to help you manage conflicts. Within the context of, for instance, opposition procedures, a large number of these disputes will lend themselves to amicable settlement. This saves the parties not only costs but also avoids the loss of valuable time.

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WHAT SERVICES CAN KIRKPATRICK PROVIDE FOR YOU ?

  • Kirkpatrick will, together with you, work out a protection and valorisation strategy and guide you throughout the various phases within the context of the development, protection, and valorisation of your newly created work, your invention, your trade marks or any other distinguishing signs.
  • Kirkpatrick will analyse the situation together with you, and work out an agreement, taking into account your needs and the specific circumstances and conditions in casu. We will assist you from the outset (a simple letter of intent) up to the time of the development of commercial partnerships (confirmed agreements).
  • Kirkpatrick has extensive experience in the composition of agreements such as
    • Confidentiality agreements
    • Letter of intent, memorandum of understanding
    • Licence agreements, franchise agreements
    • Transfers and assignments
    • Co-existence agreements
    • Distribution agreements
    • Pledge agreements
    • Etc.
  • Kirkpatrick will provide you with guidance in the negotiations with other parties and give advice during your search for solutions.
  • Kirkpatrick will ensure the registration of the agreements in question with the competent administrations.
  • In the event of a dispute, and if the other party should renege on its commitments, Kirkpatrick will, at your request, negotiate with the latter on your behalf in order to work out an amicable settlement.