Licensing/Franchising
Rights to intellectual property and the licensing of know-how are essential to ensure the full utilization of such rights and knowledge. From a licensor’s standpoint, there is a strong need to clarify the scope and other aspects of the license to ensure that license fees are collected appropriately, and to stipulate contract terms ensuring appropriate control over the licensed rights so that such rights are not used in ways not envisioned by the licensor. In addition, when licensees have breached agreements, it is necessary to ensure that the licensor can withdraw from the agreement, as well as to envision the appropriate course of action following termination of the agreement.
Likewise, from the licensee’s standpoint, it is necessary to ensure that the terms of use allow the rights and know-how to be used in accordance with the licensee’s wishes. Our firm has a strong track record preparing, reviewing and negotiating license agreements on behalf of both licensors and licensees. We give strong consideration to our clients’ wishes and provide support to ensure that their best interests are realized.
Franchise agreements are a mode of agreement involving various factors, including not only trademarks but also management and guidance based on knowledge of the relevant business. Such agreements must be handled from wide-ranging perspectives, and our firm has a strong track record preparing, reviewing and negotiating franchise agreements on behalf of both franchisors and franchisees in connection with both domestic and overseas franchise agreements. We provide support to ensure that our clients’ interests are realized in a manner tailored to their needs.