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Licensing
Structuring Intellectual Property Deals that Maximize Innovation and Value
SJKP LLP provides sophisticated counsel to licensors and licensees navigating the complex terrain of intellectual property (IP) licensing. From technology to trademarks, we structure deals that protect innovation while maximizing commercial value. Our team combines deep legal knowledge with commercial insight, ensuring that licensing agreements not only safeguard IP rights but also serve as engines of business growth and innovation.
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1. Licensing and Strategic Intellectual Property Deployment
Licensing is a cornerstone of modern IP monetization and innovation strategy. In today’s fast-moving global marketplace, companies increasingly rely on licensing to unlock new revenue streams, accelerate product development, and expand into new territories. At SJKP LLP, we help clients craft licensing agreements that align with business objectives, anticipate legal contingencies, and adapt to evolving commercial environments.
Technology Commercialization Deals
Our attorneys routinely negotiate high-stakes technology licensing agreements, including mission-critical software, proprietary algorithms, and patented processes. We align contract terms with operational, competitive, and regulatory realities, ensuring that innovation can be commercialized without unnecessary legal or financial risks.
Brand Expansion Strategies
We advise global brands on licensing their names, designs, trade dress, and content to strategic partners. Our goal is to preserve brand integrity while opening new revenue channels through consumer products, co-branding initiatives, and international market entry.
Data Licensing and Compliance
With the rise of data as a core business asset, licensing agreements involving datasets, databases, and analytics tools require special diligence. We ensure compliance with data privacy laws, including GDPR, CCPA/CPRA, and sector-specific regulations. Our guidance helps clients structure agreements that balance access to data with legal safeguards against misuse.
2. Licensing and Risk Mitigation
Every license involves a degree of legal complexity and business risk. Poorly structured agreements can lead to disputes, regulatory intervention, or financial losses. SJKP LLP counsels clients on anticipating potential conflicts, drafting flexible rights provisions, and preserving enforcement leverage to mitigate future risks.
Protecting Licenses in Bankruptcy
Bankruptcy can threaten the survival of key license rights. We structure agreements that account for Section 365(n) of the U.S. Bankruptcy Code and similar international protections. By planning ahead, clients maintain the ability to use essential technology and protect business continuity even if a counterparty becomes insolvent.
Antitrust and Competition Sensitivities
Exclusive licenses or deals involving market-dominant players may trigger antitrust scrutiny. We help clients evaluate competition risks, prepare for DOJ/FTC review, and navigate foreign regulatory approvals. Our antitrust lawyers collaborate with IP teams to ensure that licensing arrangements comply with global competition laws.
Tax Optimization in Cross-Border Licensing
Licensing transactions often involve cross-border royalty flows and withholding tax obligations. We incorporate international tax planning into license agreements to minimize burdens and maximize returns. Our experience includes structuring deals to comply with transfer pricing rules, treaty benefits, and OECD BEPS guidance.
3. Emerging Trends in Licensing
The licensing landscape is evolving rapidly, shaped by technological innovation and global regulatory change. SJKP LLP helps clients anticipate and adapt to emerging trends that are redefining the way intellectual property is commercialized.
Generative AI and Data Licensing
The explosion of generative AI has raised complex legal questions about the ownership and licensing of training datasets, algorithms, and AI-generated content. We advise on licensing agreements that define permissible data use, protect against copyright claims, and allocate responsibility for algorithmic outputs.
Open Source Licensing Challenges
As businesses increasingly rely on open-source software, compliance with license terms is essential. We help clients understand the implications of GPL, Apache, MIT, and other open-source frameworks, ensuring that innovation is not compromised by hidden risks.
ESG and Green Tech Licensing
Sustainability is becoming a key driver of licensing strategy. From renewable energy technology to carbon-reduction processes, we advise clients on licensing arrangements that advance ESG goals while complying with evolving global standards.
4. Why SJKP LLP for Licensing?
Clients choose SJKP LLP because we combine deep legal experience with commercial insight. Our cross-disciplinary licensing teams include attorneys with expertise in IP, tax, antitrust, M&A, and data law—ensuring that every license agreement is designed to withstand legal scrutiny and deliver long-term value.
Negotiation Advantage in Licensing
We know what terms matter most and how to advocate effectively. Our attorneys bring a reputation for tenacity and clarity in negotiations, ensuring that clients’ rights are both granted and guarded.
Industry Versatility and Market Insight
Our licensing clients span software, biotech, fintech, entertainment, consumer goods, and more. This breadth allows us to understand sector-specific risks and opportunities, tailoring agreements to industry needs.
Global Reach and Cross-Border Capabilities
With attorneys across major financial and technology centers, we help clients navigate licensing regimes in the U.S., Europe, Asia, and beyond. We ensure that agreements are enforceable across jurisdictions and adaptable to international business strategies.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
