We have extensive experience on transactions involving the development, acquisition, transfer or exploitation of all forms of intellectual property.
Our work covers a wide range of services, such as brand licensing, technology collaboration agreements, research and development, commissioning and sale of artworks, copyright licensing, publishing and deals in relation to brand endorsement and sponsorship.
A great track record of acting for designers and creative businesses
A number of our clients operate in the luxury retail, hospitality and leisure sectors and we assist them in relation to franchising and licensing issues. The decision to license or franchise can be a major leap forward for your business. However there are also risks inherent in potentially diluting control of your IP, so we work to ensure you have the right agreements in place to protect your brand, advising on strategic as well as legal issues, as your enter into relationships with international partners.
We have years of experience advising successful businesses on whether franchise or licensing agreements are commercially and financially appropriate and, if so, the right terms to sign up to. We have a great track record of acting for designers and creative business going into collaborative partnership with major commercial brands. For example we advised on licensing agreements for Christopher Kane with Shiseido and Nicholas Kirkwood with Samsung. We also work with clients in the restaurant and hotel sector as they roll their brand out across the globe.
Our detailed knowledge can help you to head off any issues before they arise. ‘We have the ability to understand most common pitfalls that a brand may encounter,’ says Ida Palombella, a partner in our IP and IT team based in Italy.
For instance, a partner or franchisee may sometimes have the authority to distribute through third parties. This can be dangerous if you do not have a relationship with the sub-franchisee. ‘Everything that makes the brand high quality needs to be checked very carefully. You need to pay attention,’ Ida Palombella advises. ‘You need to include clauses that allow you to constantly monitor things like discounts, how your products are sold, if retailers comply with your concept, the image of store, the personnel in store.’
We set up alert systems to inform brand owners when a new retailer enters their network so that they can ensure they sign up to the original agreement. We will also advise on the best way to audit your franchisees or licensees.
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