Technology is ever evolving. When entering into a licence agreement, the parties should anticipate that the intellectual property owner or the licensee (or both) may adapt or enhance the licensed technology or find new applications for it during the lifetime of the contract. In some cases, those improvements can substantially prolong the life of the technology and increase its value. Getting access to another party’s improvements can often be vital for a party, to avoid being blocked and to keep its business moving forward.
This webinar examined the main issues that should be tackled in licensing arrangements when it comes to any future improvements that may be made to the original IP. Without suitable provisions in the agreement, the parties are likely to encounter significant difficulties later on should any meaningful improvements be made.
The recording is available to preview on the MBL website.
The webinar covered:
- The main issues and concerns from both the licensor’s and licensee’s perspective when granting and securing access to each other’s improvements
- Different ways of addressing the issues, drawing on practical examples across a range of industries and considering market practices in different sectors
- The impact of EU competition law on improvements, including how to reduce the risk of falling foul of anti-trust principles and how these may hinder or help a party’s commercial objectives
- Key things to watch out for in agreements – IP improvements ‘top tips and pitfalls’
- The challenges presented by new and emerging technologies such as artificial intelligence, and their impact on the improvement provisions in traditional licensing models