Over the last few days, IP solicitor @Ellen_Lambrix has been writing an interesting set of articles on IP licensing, on LinkedIn. This has prompted IP Draughts to try to catalogue some of the articles on this blog on licensing over the last decade. Here’s a very quick and dirty set of links. IP Draughts has probably missed a fair few articles of relevance. Try doing word searches in the search box of this blog – near the bottom of the right hand column.
Preliminary bits: date, parties, recitals
Backdating agreements can be a crime
Don’t make affiliates parties to the agreement
Grant clause
Dreadful drafting of grant clause
When is an exclusive licence not an exclusive licence
A few practice points on drafting licences
Payments
Standard royalty rates: ain’t no such thing
Do you have to pay the one pound consideration?
Know-how royalties: are they ever justified?
Post-expiry royalties: what’s the problem?
Confidentiality
Warranties, liability and indemnities
Warrant only facts, not law or opinion
Warranties of validity, a no-brainer?
Liquidated damages and penalties
When is a total exclusion of liability enforceable?
Indemnities that go round in circles
First thing we do: let’s kill all the indemnities
Revising licence agreement terms on breach
Term and termination
Terminating licence agreements for breach: how not to do it
Terminating IP agreements for insolvency
Terminating for non-performance
Invalid notices of termination
What happens to a sub-licence when the head licence is terminated
Law and jurisdiction
Which law should govern my IP contract?
Mediating disputes over IP agreements
Boilerplate clauses
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