Turning intellectual property disputes into a business partnership

Licensing is a common tool to monetize intellectual property (IP). There are different types of licensing agreements (non-exclusive, exclusive, sole) that can be restricted by territory, field of use, duration, etc.

The information below focuses on the use of licensing as a tool to resolve infringement disputes.

You may offer the infringer the option of licensing your IP. In the licensing arrangement, the owner of the IP (the licensor) allows the licensee to use their IP for an agreed-upon fee and for an agreed-upon term. This way, the owner keeps the ownership of the IP and both the licensee and the licensor can make money from the IP.

Any business can use a licensing strategy where they publish a set of rates and terms that they offer to all potential licensees. This is a "take it or leave it" approach to licensing and can result in a large amount of licensing revenue.

The owner of the IP and the infringer can also come together and negotiate an individualized license agreement. For example, the parties may agree to license each other's IP (cross-licensing).

Get professional help

Solving conflicts involving IP rights is often complex. Consult an IP professional, such as an IP agent or lawyer, to discuss the next steps if you believe your IP rights are being infringed upon.

If IP infringement is happening in another country, a Canadian IP professional may be able to coordinate with an IP professional in the other country to enforce your IP rights.

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