Serious data licensing issues often arise as companies strive to increase profits by licensing products and data in a global economy while retaining ownership.  Issues such as how the data is defined, who owns the data in the event of a merger or bankruptcy, who has the obligation to pay taxes on the data, how ownership rights and confidentiality are protected when data is marketed or brokered and then non-exclusively licensed, and how and where a company can prosecute license violations are now commonplace.  Moreover, the  failure to properly analyze the increasingly complex laws regarding exporting certain data and the vagaries in some countries’ laws regarding intellectual property rights might lead to a loss of all data rights or sanctions for export violations.

Our attorneys have experience in:

• preparing and negotiating highly specialized license agreements for data, including unusual and complex agreements with residents of the Middle East and other foreign countries;
• developing systems and procedures for retaining valuable ownership rights to wide varieties of data and other intellectual property, both foreign and domestic;
• developing internal compliance programs;
• analyzing proposed data export transactions;
• conducting audits, investigations and training programs with respect to the use and preservation of data rights; and
• handling of alleged export violations.

Lathrop & Gage also provides corporate licensing services in connection with complex transactions such as entity formation, financing, sales contracts, mergers, bankruptcies and workouts, corporate acquisitions, and the like. Attorneys in this department also negotiate and draft transfer agreements, development agreements, and corporate alliance agreements for businesses wishing to enhance the profitability of their data rights.