Once intellectual property is protected and developed it is ready to be commercialised and in turn create revenue. As intellectual property is not a physical product it is easy to lose control over what happens to it and therefore the commercialisation process needs to be carefully managed. Written agreements for different situations should be entered into wherever possible. For instance, the following should always be documented in writing:
- Transfers of intellectual property rights from one party to another.
- The limits on licences granted to other parties to use intellectual property rights.
- Coexistence arrangements relating to intellectual property.
- The settlement of disputes involving intellectual property.
The differences between physical property and intellectual property mean specialist skills are necessary when preparing agreements. Baldwins has extensive experience in:
- Advising clients how to commercialise their intellectual property.
- Negotiating agreements relating to intellectual property.
- Preparing and reviewing intellectual property agreements.
Baldwins can assist in preparing a broad range of agreements related to the commercialisation of intellectual property rights including:
- Memoranda of understanding
- Letters of intent
- Non-disclosure agreements
- Research and development agreements
- Technology transfer agreements
- Product development agreements
- Franchise agreements
- Sponsorship and promotional agreements
- Distribution and merchandising agreements
- Manufacturing agreements
- Commissioning agreements
- Joint venture agreements
- Software agreements and licences
- Hardware agreements
- Out-sourcing agreements
- Website development hosting and indexing agreements
- E-commerce and internet related agreements
- Shareholders agreements