- 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:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
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.
Related insights about IP commercialisation
-
IP Australia follows Madrid Goods and Services list
From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services list (Madrid List), replacing the AU Goods and Services Picklist.[1] The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.
-
Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
-
Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
-
The © (copyright) symbol in use
It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns. Under Australian law, the “material form” of all original Works is automatically protected by…
-
The Digital ID Bill 2023 (Cth) – key points
On 30 November 2023, the Digital ID Bill 2023 (Cth) and the Digital ID (Transitional and Consequential Provisions) Bill 2023 (Digital ID Bills) were introduced in the Australian Senate. Digital IDs are designed to provide individuals with a convenient way to verify their identity when completing certain online transactions and dealing with government and certain…
-
Trade mark classification guidance from IP Australia
There has been a surge in trade mark applications in the digital space, notably concerning virtual goods, virtual environments such as the metaverse, NFTs, and the blockchain according to observations made by IP Australia. This article discusses the things to consider when selecting the classification(s) for virtual goods and services when filing an application for…
