Intellectual Property Licensing
Exploit the benefits of intellectual property licensing with legal support that future-proofs your business. At the Jonathan Lea Network, we advise startups, SMEs and entrepreneurs on how to protect, manage, and monetise your intellectual property (IP) through clear, enforceable, and commercially beneficial licensing arrangements.
Our team works with you to structure licensing agreements that unlock the full commercial potential of your IP, while safeguarding your legal rights and business reputation.
What is Intellectual Property Licensing?
Licensing intellectual property allows another party (the licensee) to use your IP in a way that is defined by a legal contract, without transferring ownership of the underlying rights. The types of IP that are frequently licensed include:
- Trademarks and trade names
- Copyrighted works, such as software, designs, written or audiovisual content
- Patents
- Design rights, whether registered or unregistered
- Trade secrets and confidential know-how
Licensing offers a practical way to expand into new markets, develop partnerships, or derive passive income from innovation. However, to do this successfully, you need robust legal documentation that anticipates commercial, regulatory, and operational complexities.
Drafting Strong and Commercially Viable Licensing Agreements
At the heart of our IP licensing service is the careful drafting, reviewing, and negotiation of bespoke agreements tailored to your business objectives. Our goal is to make sure your rights are enforceable, the terms are commercially reasonable, and the agreement sets a clear framework for cooperation.
We work with you to answer crucial questions that shape the core of your agreement, including:
- What exactly is being licensed? Is the intellectual property described in sufficient detail to avoid disputes?
- Does the licensor have clear and documented ownership rights to the IP?
- What is the duration of the licence, and under what conditions can it be extended or terminated?
- Is the licence exclusive, non-exclusive, or sole, and what are the implications of each type for future use and exploitation?
- What fee structure is appropriate? Will royalties be paid as a percentage of revenue, as fixed payments, or a combination?
- Are there any territorial restrictions or field-of-use limitations?
- Will the licensee have the right to improve, adapt, or develop the IP further?
- Can the licensee sub-license the rights, or assign them to another entity?
- What maintenance obligations exist, such as ensuring trademark registrations remain valid?
- Are warranties and indemnities included to address third-party claims, infringements, or breaches?
- What remedies and dispute resolution procedures are included if the agreement breaks down?
- Can the terms be varied later, and if so, how must such variations be formalised?
Through in-depth discussions, we help ensure that these areas are fully considered and documented, reducing the likelihood of future uncertainty or disagreement.
Beyond the Contract: Ongoing Support and Enforcement
Our support doesn’t end with a signed agreement. We offer continued advisory services to assist with:
- Negotiations with third parties, such as sub-licensees or joint venture partners
- Periodic reviews of licence performance and compliance
- Modifications or extensions of licensing arrangements
- Dispute resolution through informal settlement, mediation, arbitration, or litigation
Should litigation become necessary, we act decisively to protect your rights and recover losses, drawing on our experience in intellectual property disputes and enforcement proceedings.
Frequently Asked Questions (FAQs)
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What if a licensee breaches the terms of our agreement?
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The licence should include clear remedies for breach, ranging from financial compensation to termination. We can also assist with issuing formal notices or commencing legal proceedings, where necessary.
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Does my business need to register the licence with the UKIPO?
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For certain types of IP, such as patents or registered trademarks, registering the licence with the UK Intellectual Property Office is advisable. This ensures enforceability against third parties and protects the interests of the licensee.
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Can I include performance targets in a licence agreement?
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Yes. Setting milestones, such as minimum sales volumes or marketing spend, can help align the licensee’s actions with your commercial objectives. We draft performance clauses that are enforceable and meaningful.
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Can licensing affect my eligibility for R&D tax credits?
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Potentially. Licensing out IP might impact who can claim relief, especially if the IP is developed collaboratively. We work closely with tax advisers to ensure you remain eligible for incentives where possible.
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What happens if a licensee creates improvements to my software or process?
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Unless otherwise agreed, the licensee may own the improvements they create. If you want to control or benefit from such developments, we include clauses that transfer or licence the improvements back to you.
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How do I prevent misuse or quality issues with my brand when licensing it?
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Brand misuse is a significant risk, especially with trademarks. We include quality control provisions that allow you to oversee how the brand is used, require approvals, and terminate the licence if standards aren’t maintained.
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Can I restrict sublicensing altogether?
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Absolutely. The licence can prohibit sublicensing, or permit it only with your prior written consent. We ensure there’s no ambiguity that might allow backdoor sublicensing without your knowledge.
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What’s the difference between a royalty-free licence and a perpetual licence?
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A royalty-free licence means no ongoing payments are required, while a perpetual licence means the rights last indefinitely. However, you can have one without the other. We explain how these affect your control and revenue expectations.
Our Areas of Experience
Acting for clients of all types and sizes we have gained particular experience in the following areas:
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Acquisitions, disposals, mergers and joint-ventures involving IP assets or businesses with IP;
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IP contracts including licences, assignments, security interests, franchising.
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Acquisition, exploitation and prosecution of IPRs;
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Raising share capital using IPRs;
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Brand hijacking, phishing attacks, cybersquatting, logo abuse, false claims of affiliation to your brand and typosquatters;
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Database rights and protection;
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Defamation;
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Trade Mark, design and patent registration;
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IP portfolio management;
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IP audits;
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Renewal of trade marks, designs, and patents
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Copyright, trade mark and other forms of IP infringement claims;
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IP infringement actions and dispute resolution;
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Domain name registrations, acquisitions and disputes;
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E-commerce and e-marketing regulatory advice;
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Freedom of Information requests;
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Identifying and monitoring online intellectual property rights infringements and damaging content;
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Image rights;
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Injunctions;
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Privacy issues;
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Protection of trade secrets and confidential information;
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Non-disclosure and confidentiality agreements, breach of confidentiality and theft of trade secrets; and
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Take-down services and cease and desist orders.
Get in Touch
Commercialise intellectual property in the right way for your business with an IP licensing strategy led by our experts:
📞 Call us on 01444 708 640
📧 Email us at wewillhelp@jonathanlea.net
🗓️ Book a free 20-minute introductory call
We’ll help you protect your rights, maximise your returns, and put in place IP licensing agreements that support sustainable, long-term success
Our Intellectual Property Team
What Our Clients Say
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This introductory call is to discuss your matter so we can provide a well-considered quote.
However, please be aware that the free 20 minute call is at our discretion. If you are more looking for advice and guidance on an initial call, we may instead offer a one-hour fixed fee appointment instead.
Our fixed fee appointments are between £200 – £300 + 20% VAT (£240 – £360 inclusive of VAT) depending on the seniority of the solicitor taking the call.