We advise and represent your company on transactional aspects of IP, including in licensing agreements, NDAs, technology contracts, and more.
Intellectual property (IP) is a crucial asset for businesses in today's technology-driven economy. It's the cornerstone of brand identity, innovation, and competitive advantage. Navigating IP transactions, such as licensing, assignment, or IP acquisitions, requires a deep understanding of relevant laws and regulations, such as the Lanham Act, Copyright Act, and various international treaties like the Berne Convention and the Paris Convention.
IP licensing is a key tool for companies to monetize their IP rights and foster collaborations. A well-structured license agreement can grant rights to use IP without transferring ownership. These agreements should be meticulously crafted to clearly define the scope of rights, payment terms, performance obligations, and mechanisms to handle potential disputes. IP assignment, on the other hand, involves the transfer of ownership of IP rights from one party to another. This is commonly seen in M&A transactions, joint ventures, or as part of employment agreements. Ensuring a proper chain of title and conducting thorough due diligence are vital steps in any IP assignment transaction.
The rapid growth of digital assets, including Non-Fungible Tokens (NFTs), has ushered in a new frontier in IP law. These developments present a complex intersection of IP, contract, and blockchain technology laws. The existing legal frameworks, like the Copyright Act, Lanham Act, and the Digital Millennium Copyright Act (DMCA), are being applied to these novel digital assets in innovative ways. The IP rights in the asset associated with an NFT can still be protected under traditional IP laws. For instance, the creator of digital art represented by an NFT still retains their copyright in the artwork unless explicitly transferred. However, the use of these rights in the digital space often involves navigating murky legal waters, including potential issues related to fair use, public domain, and DMCA protections.
IP acquisitions can provide a fast-track path for companies to access innovative technology, strengthen their IP portfolio, or eliminate potential competition. Such transactions involve rigorous due diligence to uncover any liabilities or encumbrances associated with the target IP. Careful negotiation and drafting of acquisition agreements can ensure the buyer's objectives are met while mitigating risks.
Goldstein Law provides comprehensive legal guidance in all aspects of IP transactions. Our experts, proficient in both domestic and international IP laws, can help your business navigate complex IP transactions, from drafting licensing agreements to conducting due diligence for IP acquisitions, ensuring that your business's valuable assets are safeguarded.
We are available by phone, chat, video or email.