Can I license my IP even if I use it?

The specific limited character of IP licensing allows for extensive flexibility. The owner of IP rights may grant licenses for commercialization of such rights to others in a specific territory or specific applications while retaining and utilizing in parallel the right to commercialize the IP in other territories and for other applications.

Should I sell or license my IP?

The decision as to whether to sell or license IP may depend on multiple considerations and variants. Each commercialization avenue has its inherent pros and cons. For example, while selling your IP generates immediate consideration and eliminates the need to maintain an ongoing relationship with the counterparty, which involves constant auditing and vigilance to secure the payment of royalties due, licensing allows for monetization corresponding to the true and full commercial potential of the IP rights over time. Each case must be considered on its merits.

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IP Commercialization and Licensing

IP Commercialization is the process of getting your IP to market and creating new revenue streams, either independently, through partnerships, or a combination of both. IP rights can benefit their owners not only when they exercise them directly, but also by forging collaborations with other entities that can benefit from them; by selling rights to third parties to use those IP rights, and by seeking to exploit them in fields outside their direct activity. As well as creating a new revenue stream, commercializing IP rights can help streamline operations and lets you focus on the profitable aspects of your business.

Licensing is one of the most effective ways to grow a business, as it lets you monetize other companies' assets, such as patents, trademarks, copyrights, designs, and other intellectual property rights, under certain terms. For example, an official and exclusive importer of an international medical device company, can sell the company's patent protected exclusive products, and get a percentage of the revenue from the products sold under this exclusive license, thus gaining not only actual profit but also obtaining a significant advantage in the local market.

In the process of commercializing IP assets (generating revenues from IP), it is important to preserve and protect not only the commercial interests but also the IP rights of use and ownership. We assist our clients throughout the process of commercialization of their IP, working closely with them to facilitate the processes and the contractual engagements required to successfully achieve commercialization milestones and goals.

Our law firm represents and consults both licensees and licensors in formulating, negotiating, drafting, executing and in the performance of IP licensing agreements, also with respect to the performance of related due diligence examinations.

Our clients range from small start-ups to multinational corporates, from tech industries to international fashion brands, who need to commercialize their IP or to license other parties’ IP assets. Our IP transaction specialists, in conjunction with the Group's Patent Attorneys firm, ensure that all aspects are covered to create an optimal contractual environment corresponding to the client's needs.

Our Experts

Michal Luzzatto

Head of Copyrights, Managing Partner

Tamar Luzzatto

Partner, Head of Business Development, Marketing and Innovation

Amir Palmery

Partner, Head of Trademarks

Oren Mandler

Partner, Head of IP Litigation

FAQs

How can I monetize my IP rights?

The three most common ways to monetize one’s IP rights are by either pursuing production and/or sales of the derivative products or services alone or through collaboration with others, granting licenses under the IP rights to others for payment of royalties or other consideration or selling the IP rights to others.

What is IP Commercialization?

IP commercialization is the term generally attributed to any actions taken by the proprietor of IP rights with the purpose of monetizing such rights.

What is IP Licensing?

IP licensing is a business engagement under which the owner of IP rights grants a business partner certain limited rights to commercialize or otherwise utilize the IP rights under specific agreed terms and conditions, including with respect to the permitted applications, the territorial scope, the transferability of the license, royalties and other consideration payable, milestones and minimum annual sales or royalties’ targets.

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