Intellectual property doesn't just protect your ideas; it creates opportunities for growth, innovation, and competitive advantage. Successful licensing negotiations can determine the future trajectory of your business.
Whether you're a startup, a mid-sized corporation, or a multinational enterprise, it's important to engage with a legal team that provides insightful counsel and strategic solutions that work for you.
At David L. Cohen, P.C., we assist clients in New York, throughout the United States, and worldwide in unlocking the full potential of their intellectual property through customized licensing agreements.
Our firm is known for its extensive experience and forward-thinking approach to licensing negotiations. We know how to bridge the gap between legal precision and business strategy, helping you structure agreements that align with your goals.
What Are Licensing Negotiations?
Licensing agreements enable companies or individuals to grant others the right to use their intellectual property, such as patents, trademarks, copyrights, or trade secrets, under specific terms and conditions.
These agreements achieve multiple objectives, including driving revenue, expanding into new markets, fostering stronger collaborations, and promoting innovation. Effective licensing negotiations go beyond simply drafting standard legal documents. They require thoughtful evaluation of the intellectual property's unique characteristics, the industries it impacts, and the goals and expectations of both parties involved.
At David L. Cohen, P.C., we have spent years refining our skills in crafting agreements that foster both productive partnerships and profitable outcomes.
Why Licensing Negotiations Matter
Every detail in a licensing agreement matters. Licensing negotiations enable parties to define clear, tailored terms that safeguard their interests while promoting collaboration and mutual gain. However, it's important to note that even a small oversight can lead to significant financial or operational risks.
A strong agreement can offer the licensor long-term revenue streams, secure their IP rights, and build lasting partnerships, while the licensee gains access to valuable resources or markets.
At David L. Cohen, P.C., our goal is to make this process as seamless and rewarding as possible. We will help you identify your priorities, mitigate risks, and secure mutually beneficial outcomes. We take a pragmatic, people-focused approach to create agreements that enhance collaboration and drive growth for everyone involved.
For Effective Licensing Help
Our Approach to Licensing Negotiations
Every licensing negotiation is as unique as the intellectual property, industries, and individuals involved. In most dynamic contexts, off-the-shelf solutions simply don’t work. Therefore, it's important to carefully consider your overarching goals, the unique aspects of your intellectual property, and market dynamics. Here's how our firm approaches licensing negotiations:
Strategic planning: We set the tone for a productive negotiation by starting with clear objectives. Before entering negotiations, we collaborate with you to define key priorities, so we can effectively advocate for outcomes that align with your business goals and vision.
Collaborative communication: Licensing negotiations require precise legal language, but they also depend on strong interpersonal and business relationships. We prioritize open, transparent communication throughout the process to develop agreements that are advantageous for all parties.
Flexibility and detail: Terms that work in one industry or context might not work in another. We combine technical skill with flexibility to craft agreements that are both robust and adaptable.
Thorough risk analysis: We assess every aspect of the proposed agreement, including royalties, exclusivity, term lengths, contingencies, and dispute resolution clauses. Our goal is to minimize risks while positioning you for success.
How New York Laws Relate to Licensing Negotiations
New York has several laws and legal precedents that shape the licensing and use of intellectual property. Parties must account for the following when drafting their contracts.
Uniform Commercial Code (UCC): New York follows the UCC, which can impact licensing agreements that include the sale of goods embodying intellectual property, such as software licenses.
Patent misuse and antitrust concerns: Licensing agreements must avoid antitrust violations or clauses that could be seen as an overreach, such as restrictive exclusivity terms that harm competition. New York courts are particularly attentive to striking a balance between competition and fair business practices.
Non-compete provisions: When drafting licensing agreements, New York's position on restrictive covenants, such as non-compete agreements, must be taken into consideration. The enforceability of these provisions depends heavily on how they are crafted and applied.
Dispute resolution in New York: New York is a popular hub for resolving licensing disputes, thanks to its robust and well-regarded judicial system, particularly in commercial matters. Incorporating dispute resolution clauses to specify the choice of law and venue is standard practice.
Industries We Serve
At David L. Cohen, P.C., we serve a diverse range of industries and tailor our approach to meet your unique challenges and goals. Some of the industries we've been able to successfully negotiate licensing agreements include:
Technology and software
Life Sciences and healthcare
Media and entertainment
Consumer goods
Energy and manufacturing
Whether you run a technology company looking to license software, a life sciences firm sharing groundbreaking medical patents, or a fashion designer securing an exclusive trademark agreement, we have the experience and insight to approach every negotiation with a tailored, adaptable strategy to achieve comprehensive results.
Licensing Negotiations Attorney Serving New York and Worldwide
Establishing enduring licensing agreements requires strong interpersonal skills and an in-depth understanding of legal and regulatory standards. At David L. Cohen, P.C., we assist clients across New York and worldwide in securing agreements that are profitable, compliant, and aligned with their business objectives.
We strive to craft agreements that maximize value and foster long-term partnerships for sustainable growth. Reach out to us today for guidance in your licensing agreements.