The commercialisation of IP frequently involves the licensing of its IP assets. This is most clearly seen in the area of software licences, character merchandising, reproduction licences for published materials and in franchising arrangements. Where IP rights can be licensed in many forms, a good IP licensing plan requires a robust network of agreements that clearly delineate the scope of the licences and minimise areas of uncertainty as a result of overlapping licensed rights. Even more importantly, the licensor must ensure that it does not lose control of its IP assets in the course of allowing others to use them.
We are aware of the commercial realities and pitfalls involved in the exploitation of IP rights and have guided clients needing some direction in this area. In particular, we have experience in dealing with markets in the Southeast Asian region and can advise on the unique issues arising from dealing with ambiguous legal and enforcement conditions. We can suggest approaches on how to ring-fence and protect valuable IP assets from unlawful use by rogue licensees while balancing the need to consider long-term business relationships.
