Commercialising intellectual property assets

• Copyright;
• Trademarks;
• Registered Designs;
• Patents;
• Circuit layout rights;
• Plant breeders rights;
• Confidential information; and
• Trade secrets.

What are the options for commercialisation of IP?

Commercialisation can take many forms depending on what the IP needs to maximise returns for its owners.  At its heart is the attempt to maximise the commercial value by converting the IP into a saleable product or service for the benefits of its owners.  Generally this involves collaborating with some third party that adds value to the IP and separating the trading entity from the owner of the IP.

• IP Licensing;
• IP Sale (Assignment) and subsequent Licensing;
• Entering into a Joint Venture;
• Mergers and acquisitions; and
• Spin out entity.

Licensing

A license is in essence a right to use, therefore, the terms of licence agreements can be diverse.  See our article on Licensing Agreements.

Commercialisation is not an exact science.  What one person believes is the best way to exploit the inherent value in any particular IP will vary from another persons.  Like all things in business there will be competing opinions which all need to be considered.

Further information

Dundas Lawyers is involved in the legal aspects of commercialisation and advises on the law in this area. For further information on how Dundas Lawyers can assist your company with any of its commercialisation needs, contact us for a confidential and obligation-free discussion:

Disclaimer

This article contains general commentary only.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

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