The intellectual property assets of an entity often represent an inherent intrinsic value but, in many cases, also significant economic value which can be realised through revenue generating steps, such as licensing, franchising and distribution arrangements.
In conjunction with our Commercial practice, we advise on the intellectual property aspects of licensing, advertising agreements, franchising and distribution agreements, and other scenarios where an intellectual property asset, such as a trade mark, copyright, or design, is used with by a third party with the permission of the owner.
Crucial to effective advice is an understanding that each client is different and the extent to which they are willing, or able, to commercialise their intellectual property assets, and what their goal is in entering into a commercialisation arrangement, will vary significantly. By drawing on our extensive experience across industry sectors, and with a view to providing commercially focused and cost effective advice, we are able to offer a bespoke service offering that is tailored to the needs of each client and their particular circumstances.
In many cases, the commercialisation of an intellectual property asset and the resulting revenue that is generated, will require expertise from a tax and structuring aspect. We work with our Corporate and Tax practices to provide advice on suitable corporate structuring arrangements, including onshore, off-shore, and UAE free-zones structures as well as joint-venture and other special vehicle arrangements, to most effectively hold intellectual property assets for the purposes of commercialisation. This strategic advice can also include tax considerations of the various structuring options, as well as taking into account whether the generated revenue remains within the UAE or is transferred to a foreign jurisdiction.
In providing advice on the commercialisation of IP assets, we focus on protecting the rights of the owner but, at the same time, drafting or negotiating on any commercialisation agreement with a view to helping the parties reach a mutually acceptable position rather than complicating a transaction, or causing discussions to cease, through excessively onerous, but ultimately unnecessary, provisions.