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Exploitation & Licensing

Our IP team work with clients on a wide range of national, international and cross-border exploitation issues.

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Once an appropriate protection strategy has been assessed and implemented for the intellectual property (IP) rights of a business, real value can be derived from a well-established exploitation programme. 

Through our audit services, we provide assistance with the significant first step of identifying valuable business IP, and then we have extensive experience in assisting clients with developing and implementing an exploitation programme to generate revenue from those IP assets.

Our expertise

We work with clients on a wide range of national, international and cross-border exploitation issues, including:

  • Drafting and negotiating licences, including brand licences, manufacturing agreements, sponsorship agreements and ambassador agreements, as well as licences of right where required in settlement of design right disputes or in respect of patents, where licence fees or royalty payments can provide a key revenue stream for businesses
  • Preparing agreements to facilitate the further development and commercialisation of IP assets, such as research and development agreements, collaboration agreements, franchising and data sharing agreements, which can help to expand the reach and coverage of IP assets
  • Acting in connection with transfers (assignments), to allow IP rights to be passed between entities, whether intra-group in order to safeguard and ringfence valuable IP assets, or in respect of disposal or acquisition of IP assets independent of the whole business, and dealing with associated recordal formalities at the relevant intellectual property offices (on a global scale)
  • Advising on the implementation of measures to protect assets during commercial negotiations, including non-disclosure agreements, confidentiality provisions, escrow arrangements, know-how licence agreements, and strategies to prevent novelty-destroying early disclosure
  • Recording security interests over IP assets, where borrowing has been obtained in the form of a mortgage or a charge against the value of the IP assets in question

We also have experience in dealing with the Bona Vacantia division of the Government Legal Department, which deals with the IP assets that remain in dissolved companies and become property of the Crown.  It may be possible to acquire such assets from the Crown and Brabners can assist with those enquiries, the subsequent acquisition of assets and the associated recordal formalities. 

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