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.