M. Keith Lipscomb – The Madrid Protocol

A commercial litigator, M. Keith Lipscomb offers his services to clients of Lipscomb, Eisenberg & Baker, P.L. Trained in numerous intellectual property matters, M. Keith Lipscomb helps clients understand the Madrid Protocol.

Encompassing 90 countries, the Madrid Protocol is one of the most important international regulations regarding intellectual property. Its full name is the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. This treaty enables intellectual property owners to file for trademark registration in any and all of its member nations (also known as “Contracting Parties”) through a single application. Intellectual property owners must first file in their country of origin; following this, the International Bureau of the World Intellectual Property Organization, based in Switzerland, handles all approvals and denials. If a trademark is approved, applicants receive permission for an initial trademark term of 10 years, and may pay for an additional decade of protection near the completion of each term.

While the United States first became party to the Madrid Protocol in 2003, the history of the system dates back over a century. The progenitor of this program, the Madrid Agreement Concerning the International Registration of Marks, was put into effect in 1891 by several European countries. In 1989, with the purpose of attracting more members, the system was updated through the passing of the Madrid Protocol. The most recent country to join is India, which approved the system in 2013.

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M. Keith Lipscomb – Factors in Intellectual Property Licensing

At Lipscomb, Eisenberg & Baker, P.L., in Miami, Florida, M. Keith Lipscomb serves as a trial attorney, commercial litigator, and intellectual property lawyer. Among M. Keith Lipscomb’s practice areas is the running of intellectual property licensing campaigns, particularly for brand owners and software firms.

Licensing is one of the most lucrative ways to put one’s intellectual property to work. Through this process, the owners of trademarks, copyrights, and patents allow others to use their creations, while maintaining some measure of control over their presentation. Licensing also brings additional financial and branding opportunities.

When considering licensing, intellectual property holders must take numerous factors into account. Meeting with potential licensees offers the opportunity to learn about their intended use of the material. Holders may then individualize agreements, defining the circumstances in which licensees may adopt the item. The customizability of licenses requires owners to contemplate different pricing terms and agreements; while flat-fee, lump-sum payments might be suitable for some situations, for other cases it might be more beneficial to negotiate royalty payments across an expanse of time. Moreover, licensing agreements may lead to relationships that extend beyond the length of the original contract, so companies should consider whether to maintain long-term partnerships as well as how to make these arrangements satisfactory for both parties.