Any groupings and licences should be contractually defined. It is important that the arrangements are set out clearly and unambiguously in an agreement, so that the risk of you subsequently being faced with disputes relating to the content and scope of the agreement is small.
A difficulty frequently encountered in drafting effective licence and/or cooperation agreements is that different types of expertise are required. The knowledge and experience of a patent attorney are necessary for the aspect of the agreement concerned with patent rights, and a trademark and design attorney must be engaged if the agreement (also) relates to trademarks and designs. At Arnold & Siedsma, all of these types of expertise are combined in one team comprising a lawyer together with a patent attorney and/or a trademark and design attorney. This team ensures that your agreements are set up in an efficient and high-quality manner.
Different parties sometimes have rights which result in reciprocal blocking, for example if the parties infringe each other’s patents. By granting each other a licence, referred to as a cross-licence, possibly supplemented with a payment, both parties can lift the block and use each other’s technologies. Arnold & Siedsma can assist you in this complex matter.
It is furthermore advisable from a legal standpoint to have the arrangements from your agreement recorded in the relevant official registers (patent, trademark or design registers). In this way, the agreements are also known to third parties and the licensee, together with you or, in some cases, even the licensee alone, can take action against infringers.
Intellectual property rights have value. A right, such as a patent, can also serve as a security, for example for a company loan. Arnold & Siedsma can advise and assist you in procedures in which you pledge one or more of your IP rights.
As well as advising on the value of a patent, Arnold & Siedsma takes care of all formalities, such as drafting a pledging agreement and recording pledging agreements in the appropriate registers.