The commercialization of IPR
From strategy to business concept.
An innovator wishing to introduce a new product onto the market is often faced with the difficult decision of choosing the right method of commercialization for each specific market. A commercialization can be made entirely on a proprietary basis, with the help of one or more partners or with a combination of these methods.
With our specialist skills in e.g. the field of intellectual property, we can assist innovators and entrepreneurs in finding the most adapted strategy for the development of each product and market. We can help with product identification and developing, protecting, commercializing and maintaining good ideas and business concepts. We also assist in finding suitable partners and financiers.
Our lawyers can also negotiate, review and draft all types of contracts irrespective of whether it is Swedish or foreign parties. We have a comprehensive model to avoid pitfalls and obtain the best possible protection for intellectual property during the entire commercialization process.
Commercialization on your own
Products can be exploited through proprietary manufacture and sales, either via existing companies or by establishing subsidiaries, branches or sales offices. However, commercialization on your own involves risk exposure. For many reasons, it may be difficult to establish subsidiaries on markets outside Sweden. Branches can often be easier.
It is much easier to find partners if there is a strong intellectual property protection in place or good opportunities to get it. That trade secrets and know-how are handled in a strategic and confidential manner is also of great importance. One disadvantage of having partners could be the lack of control over manufacture, sales or marketing. However, success is wholly dependent on how agreements with potential partners are drafted.
Common types of agreement
In order to protect your intellectual property – and their commercialization – it may be necessary to draft different types of agreements. Some examples are confidentiality agreements, letters of intent, options, licences, agent agreements and distribution agreements. In all situations, it is important to enter into a confidentiality agreement with the counterparts to avoid confidential information being used or disclosed.
Transfers and concessions
A transfer applies to all the rights an entity holds, whereas a grant of rights covers only part or parts of the rights. Transfers regarding intellectual property rights are so particular that they could be regarded as their own form of contract. A transfer can, or must, be recorded in various registers depending on the object for the transferred. Irrespective of whether or not this is done, it is good to know the consequences.
Licensing and publishing agreements are the most important kind of grant of rights agreements. Licensing is also considered to be a special type of agreement that which lacks unified templates or principles for interpretation. It is therefore of major importance to consider and assess the current situation being reflected in the contract.
Know-how often has a financial significance, not least for the technically developed company that can license their know-how in return of royalty. Know-how is a package comprising significant and confidential practical information that has not been patented but is a result of experience and testing.
Patent licences are often combined with a grant of the licensor’s know-how regarding the use of the patents for manufacturing and marketing. In certain cases, a know-how licence may economically be the most significant.
The image of known trademarks can be utilized, through licensing to companies in other branches for example, where they are used for other goods and services, so-called brand stretching or logo licensing. A grant of right to use words, names, symbols, figures, design or a combination of these in order to create a special demand for the products that are being linked to is called merchandising.