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If your company is like most companies, fortunately, most of your IP activity will be in the realm of licensing, not litigation. You'll need to pay attention to business, technology, and legal considerations.

Suggested Readings

Founders School || Intellectual Property || IP Licensing || Impact Guide (PDF).

Exchanging Value - Negotiating Technology Licensing Agreements: A Training Manual is a 178-page booklet available for download as a PDF file from the World Intellectual Property Organization (WIPO). WIPO describes it as a user-friendly training manual focused on the practical business needs and concerns of non-specialists who have to deal with 'licensing in' or 'licensing out' of technology.

Razgatitis, Richard. Early-Stage Technologies: Valuation and Pricing. New York: Wiley, 2003.

Mayers, Harry. Drafting Patent License Agreements With Related Treatment Of Know-How Transactions, Arlington, VA: Bureau of National Affairs, 1971.

The licensing process –from planning and negotiating the structure of the deal all the way through preparing and negotiating the written agreement– requires close attention to detail while maintaining focus on the big picture. An extreme example of the importance of close attention to detail in the written agreement can be found in a decision by Canada’s telecommunications regulatory commission in a contract dispute. The contract concerned the use of telephone poles and the dispute concerned when the contract could be terminated by Bell Atlantic. A New York Times report explained that the commission’s decision turned on the placement of a comma in the termination clause.

Questions for You

Where could your company benefit from licensing?

Questions for Your Team

How can you contribute to successful licensing?

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