IP Licensing & Assignment – Avoiding Hidden Risks in Commercial Contra – Leo Cussen Centre for Law

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IP Licensing & Assignment – Avoiding Hidden Risks in Commercial Contracts

IP Licensing & Assignment – Avoiding Hidden Risks in Commercial Contracts

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Intellectual property clauses in commercial contracts can present significant legal and commercial risks if not properly drafted or understood. This practical session explores the key pitfalls and risk areas in licensing and assignment of IP, focusing on how to structure clauses for clarity, enforceability, and futureproofing. 

This session will include: 

  • IP Rights in Commercial Contexts – IP types and key distinctions between assignment and licensing. 
  • Licensing Risks & Best Practices – Exclusive vs non-exclusive licences, implied terms, scope creep, and common traps in sublicensing, territory, and revocation clauses. 
  • Assignment of IP and Traps to Avoid – Issues with validity and enforceability, ownership when dealing with employees vs contractors. 
  • Hidden Clauses & Boilerplate Dangers – Risks in warranties, indemnities, liability caps, and post-termination ownership of IP. 
  • Drafting Techniques for Clarity & Risk Management – What should an IP clause include and common drafting errors. 
  • Case Law Insights – Recent decisions on IP licensing/assignments and lessons from litigation and due diligence failures.