Technology Licensing Lawyers

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Most Common Intellectual Property Law Issues:

What Is Technology Licensing?

Technology licensing is a contractual arrangement in which the licensor's patents, trademarks, copyrights, trade secrets, or other intellectual property may be sold or made available to a licensee for compensation. This compensation may be a lump sum, based on volume of production, or a combination of both.

Why Would I Use a Technology License?

A technology licensing agreement can be a profitable transaction as it:

What Are the Potential Drawbacks of Using Technology Licenses?

Technology licensing also has certain potential drawbacks. The following is a short list of negative aspects of licensing:

Foreign Countries

It is important to investigate the licensee's country as host country's government often must approve the licensing agreement before it takes effect.

Prospective licensors must take into account the host country's:

Antitrust Issues

U.S. antitrust laws prohibit international technology licensing agreements that unreasonably restrict imports of competing technology into the United States or unreasonably restrain U.S. domestic competition or exports by U.S. persons.

This determination is made by consideration of:

Prospective U.S. licensors, should also determine whether they need to obtain an export license from the U.S. Department of Commerce or other regulating agencies.

Should I Consult a Lawyer about Technology Licensing?

Because of the potential complexity of technology licensing agreements, you should seek the qualified legal advice of an experienced intellectual property lawyer before entering into such an agreement. Licensors may also wish to seek qualified legal counsel in the host country in order to obtain advice on applicable laws. Sound legal advice will increase the likelihood that your technology licensing agreement interests are protected.

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Last Modified: 01-08-2015 03:21 PM PST

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