Licensing can be an important facet of a business as today's global economy puts a higher priority on intellectual property rights than in the past. For example, in a variety of industries, patents are one of the sources of key competitive advantages. Trademarked brand names have become some of the most valuable assets of a company, and software has become an indispensable tool of many companies. Owning and/or licensing key technology with the proper management of the accompanying patent, trademark and copyrights (and other intellectual property such as trade secrets), can be an important factor in the success of a company.
Reinhart's patent, trademark and copyright licensing group taps the expertise of attorneys in multiple areas of law including intellectual property, contracts, general corporate, securities and finance, insurance and risk management, taxation, litigation and arbitration. Our experience can be used to bring a high level of service when licensing is undertaken on behalf of a client. Reinhart has experienced attorneys in the area of licensing, which typically involves conducting due diligence, drafting and negotiating complex agreements and resolving disputes between parties related to the acquisition, licensing and utilization of patents, copyrights, trademarks and other intellectual property.
We are well-versed in the many nuances of preparing and negotiating licensing agreements including licensing from, or to, troubled companies on the brink of bankruptcy or insolvency. Our agreements have covered design, development, manufacturing, distribution, import/export, joint ventures, entertainment and other activities. The scope of our representation in licensing transactions is dictated by the needs of the client and the desired budget. Reinhart can be a behind-the-scenes coach or the driving force that pushes a deal to closure.
Reinhart counsels clients on patent licenses to include a variety of terms based on the underlying facts and whether the client is a licensee or a licensor, but in general, they are either exclusive or nonexclusive and they generally continue for the term of the patent. Reinhart counsels clients on ensuring that quality control and other important provisions are discussed and accounted for in trademark licenses. Reinhart counsels clients on copyright licenses related to software, literary works, music, sound recordings, motion pictures and other audiovisual works, architectural works and other copyright matters.