In today's technology environment, licensed content and software are often an integral part of a company's marketing and business plans. Many of these license agreements have been tenaciously negotiated. Yet licensor and licensee often interpret the same license clause in dramatically different ways.
Licensees cannot withstand having a license terminated because of the lead-time needed to substitute another product. Conversely, licensors are under pressure by their shareholders to maximize revenues and ensure that licensees are in full compliance with the license scope.
In this program, expert practitioners with years of experience doing licensing deals discuss:
- Licensing issues that lead to disputes
- How a licensing dispute can be constructively and proactively handled
- License termination when the issues cannot be readily resolved
The panelists will discuss contract language, the use of audits, breach of contract claims, planning for termination, and other critical issues. The webinar will conclude with a Q & A.
I. License Issues Leading to Disputes (40 minutes)
A. Grant of rights- What is the scope?
B. Right to sublicense
C. Third-party access
D. Ambiguous clauses
F. Access to source code
G. Delay in enforcing rights
II. How a Licensing Dispute Is Constructively and Proactively Handled (35 minutes)
A. Identifying the issues
D. Data rights and data migration
E. How are audits conducted and monitored?
III. License termination – where an amicable resolution is not in the near future (35 minutes)
A. License Termination
B. Claims for Breach
C. Contract Claims:
- Infringement claims
- Declaratory judgment
- Preliminary injuction
- Claims for damages
D. Planning for termination (e.g. use of the cloud, transition assistance)
IV. Q&A (10 minutes)
is a partner at Holland & Knight in New York, concentrating on computer law, outsourcing, complex technology transactions, and intellectual property issues. A former Systems Engineer for IBM, he writes the monthly Technology Law column for the New York Law Journal and is co-author of Computer Law: Drafting and Negotiating Forms and Agreements and Emerging Technologies and the Law: Forms and Analysis published by Law Journal Press.
, also a partner at Holland & Knight, represents plaintiffs and defendants in complex intellectual property disputes related to breaches of contract, theft of trade secrets, and copyright and trademark infringement. She is experienced in all phases of litigation.