How to resolve licencing disputes

The definition of a licence agreement is "the formal right to use or do something". A typical example is when the owner of a brand or trademark licences that out to a third party to use on their behalf. often this is when a company goes into another country and licences their product or service to a third party to run in that country for royalties.The owner retains all rights to the services or products.

Wherein if they have a license, they may proceed with a cost-effective alternative to a costly set up of research and development.

It is difficult to protect intellectual property rights across the globe. Cross-border IP litigation takes may years to be resolved and will inevitably be very difficult and costly. Even in the event of winning a case it may not be possible to recover damages and even legal costs.

If at all possible, a much better route than commercial litigation is an out of court settlement through independent arbitration or mediation.

Arbitration is a process by which a third party, whose jurisdiction rests on an agreement between the disputing parties, resolves a legal dispute by making an enforceable decision. They are usually a legal specialist with expertise in this field who are neutral. There can be a single arbitrator or a panel of arbitrators based on the situation and compliance of the parties.

This procedure is more cost effective and in favour of both the parties involved.  However, if the issue still does not get resolved, the next option would be litigation.

Given the complexities and probable extensive costs you are far better seeking expert legal help at the earliest opportunity. PowerLegal offer a free appraisal of your licencing dispute case to see if it qualifies for our No-Win No-Fee litigation.