Licensing and Transactions

Holland & Knight's Intellectual Property Group features a Licensing and Transactions Team that handles licensing disputes; due diligence; copyright, trademark and patent infringement; and counterfeiting and diversion matters.

Fully Equipped to Handle Your Licensing Needs

Inbound and outbound licensing of intellectual property (IP) can serve as a significant source of revenue or a critical way to expand your IP and product base. Whether you are a small company, an emerging entity or a global industry leader, licensing of your IP can provide an important income stream and a means to leveraging the value of your technology and innovations.

Our Licensing and Transactions Team understands the significant advantages that an IP license can offer. We deliver a combination of business and legal capabilities to IP licensing matters, allowing us to anticipate future issues and fully protect your business for years to come. Our team is well-equipped to handle all aspects of your licensing needs.

Representing a broad range of clients in all types of industries, we apply our integrated skill sets to enhance the value of our clients' IP through protective licensing agreements. We draft patent, trade secret and trademark agreements for use in national and international marketing arrangements, and also provide consulting services to our clients for interpreting license agreements drafted by other attorneys. In each instance, we craft the agreement with an understanding of and a focus on the client's unique business needs. Utilizing our extensive experience in sophisticated IP transfer and licensing transactions, we can help you achieve your business goals.

Well-Versed in IP Due Diligence for Acquisitions

Our Licensing and Transactions Team has a broad range of experience handling IP due diligence and the negotiation of purchase agreement terms related to IP in connection with mergers, acquisitions and other transactions. We leverage our experience in IP prosecution, licensing and litigation to review a target company's IP portfolio, the agreements it is a party to that involve IP and its history of IP-related disputes to identify whether the company owns or otherwise has the necessary rights to the IP it uses, as well as whether there are other IP risks to consider in a transaction. We are also well-versed in drafting and negotiating IP representations and warranties, special indemnities and other IP-related terms for purchase agreements.

Prepared to Address All Aspects of IP Protection

Our Licensing and Transactions Team is experienced in key technical disciplines and includes patent attorneys, trademark attorneys, copyright attorneys and litigators to ensure that all aspects of IP protection are addressed. This experience enables us to fully grasp the significance of your IP and advise you on the best ways to enhance its value.

Our team has extensive experience drafting the following agreements:

• software licenses and development agreements
• internet and domain name use and licensing agreements
• support and maintenance agreements
• source code escrow agreements
• hardware leasing and purchase agreements
• computer service and outsourcing agreements
• biotechnology licenses
• OEM agreements
• pharmaceuticals co-development and licensing agreements
• dealership agreements
• vendor distribution forms
• reseller agreements
• manufacturer's representative agreements
• secured transactions and IP licenses and assignments
• patent, copyright, trade secret and trademark agreements for use both nationally and internationally
• representations, warranties and other relevant IP provisions for purchase agreements

In addition to negotiating and drafting licensing agreements, we have the international experience, established relationships and coverage to enforce your agreements worldwide.

From designing domestic and international off-line and online distribution frameworks to supporting contracts for various types of software and media products and services, our licensing attorneys leverage our core industry experience with that of related practice areas, including media, communications and entertainment law; e-commerce; technology; and venture capital and emerging companies.