IP Ownership, Use and Protection Provisions in Commercial Contracts: Drafting and Litigation Complexities

Protection of valuable IP is a key consideration when negotiating most types of commercial contracts, including employment, supplier, distributor, contractor, consultant, software development, licensing, purchase and end-user license agreements.

IP provisions address the ownership of the parties’ preexisting IP as well as IP developed under the contract, each party’s right to use/license the other party’s IP, and each party’s obligations when using the other party’s IP.

When drafting and negotiating business contracts, counsel must understand when and how to use IP clauses to protect their client’s most valuable assets. When disputes arise alleging the misuse of IP, counsel must be prepared to respond, including leveraging indemnification provisions and disclaimers.

Listen as our authoritative panel of IP practitioners provides their perspectives on how non-IP attorneys can effectively use IP provisions in a variety of business agreements to protect their clients’ valuable IP and best practices for avoiding or defending litigation over IP ownership or use.

1. Drafting IP provisions in commercial contracts: best practices
2. Avoiding and responding to disputes involving IP provisions
   1. Indemnification provisions
   2. Disclaimers
   3. Responding to patent infringement assertions from non-practicing entities

The panel will review these and other key issues:

• IP provisions that should be included in commercial contracts
• Business and legal considerations when negotiating and drafting each type of IP provision
• Best practices for avoiding and responding to disputes involving IP provisions