Transfer of intellectual property

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The transfer and acquisition of intellectual property is often a strategic step in a company’s operations, whether it is a capital mobilisation or a change in business direction. However, a smooth process requires an assessment of potential risks, a thorough legal and financial due diligence of the intellectual property and the preparation of all necessary documentation. When transferring or licensing intellectual property, it is not only important to correctly define the property itself, but also to identify all the issues involved, such as licensing terms, payments, duration and scope. 

Prevence lawyers can represent you throughout the transfer of intellectual property: drafting or revising licensing, assignment and other related agreements, ensuring intellectual property protection issues such as confidentiality, non-disclosure agreements. 

We can assist you with the following matters:

  • Drafting contracts for the transfer of intellectual property.
  • Drafting and analysis of franchise agreements.
  • Drafting confidentiality and non-disclosure and non-competition agreements.
  • Preparation of strategies for the creation of intellectual property.

Drafting contracts for the transfer of intellectual property

Intellectual property transfer agreements are essential documents ensuring that a company’s intellectual property is properly transferred.  

In this type of agreement, it is important to define, with the competent assistance of lawyers, the terms of the transfer, including the terms of payment of compensation or a one-off royalty, the geographical areas in which the intellectual property is transferred, the procedure for the transfer of the intellectual property before the public authorities, and a number of other crucial details.  

The Prevence team will advise you on the intricacies of the assignment, prepare a detailed legal analysis and represent you during negotiations in order to obtain the most favourable terms.

Licences

The Prevence team advises clients on the drafting of licensing agreements, helping them to choose the type of licence e.g. exclusive licences, non-exclusive licences: where the owner grants the same or similar rights to several licensees, sole licences: where the owner of intellectual property cannot license to others. 

We will help you identify and draft all the necessary terms and conditions, including the scope and duration of the rights, and represent you in negotiations with the licensee. 

Franchise agreements

In order to successfully franchise your brand, it is essential to have trusted legal partners who will help you define the franchise rights in the agreement. 

Drawing from previous experience, we can assure that it is common to see situations where not sufficiently detailed franchise agreements lead to problems, because they fail to adequately cover initial franchise fees, ongoing royalties, and any other recurring contributions, or because they do not clearly define the obligations related to marketing efforts or the quality standards mandated by the brand owner. 

Prevence advises clients on all aspects of franchising, analyses existing contracts, and represents clients in negotiations or disputes.

Experts

BOARD | MEMBER | MENTALITY

Gintarė Daukšė
  • Senior Associate
Simonas Milašius
  • Senior Associate
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