Practical perspectives on IP strategy, licensing, and patent enforcement by Kai-Erik Elers. Browse the summaries by topic and follow the links to read the original posts on LinkedIn.
Define the IP Included in a License
A license without a clear list of covered intellectual property can create uncertainty for both parties. This post explores valuation, scope, infringement awareness, and why identifying patents and trade secrets supports stronger commercial agreements.
Aligning Licensing With Organizational Values
The use of licensed technology can affect an organization’s mission and values. This post explores licensee selection, exclusivity, fields of application, and contractual choices that help retain influence over how intellectual property is commercialized.
Why Cross-Licensing Rarely Fits Research Institutes
Cross-licensing can help companies resolve disputes and gain access to complementary technology. This post explores why research institutes, which primarily create IP for licensing rather than product sales, may gain less from reciprocal patent rights.
Constructive Engagement Before Patent Litigation
A well-prepared infringement notice can open a dialogue before litigation begins. This post explores clear allegations, claim charts, legal representation, and why constructive engagement can sometimes turn a potential dispute into a licensing discussion.
Carrot and Stick Licensing
Commercial collaboration and credible patent enforcement can reinforce each other. This post explores carrot and stick licensing, the expectations of paying licensees, and why a patent owner’s willingness to defend rights affects licensing value.
Patent Infringement Liability for Licensors
Licensors may face unexpected infringement-related risks when licensed technology enters another market. This post discusses a China-focused scenario and considers warranty limitations, jurisdiction-specific rules, and the role of local expertise in assessing exposure.
Product Liability Risks in IP Licensing
An IP license can raise liability questions beyond the contract itself. Using China as its focus, this post explores how mandatory legislation may affect licensors and why market-specific risk assessment deserves attention during negotiations.
When a License Needs Renegotiation
A start-up’s business plan can change quickly, leaving its original license misaligned with reality. This post explores payment terms, licensed products, fields of use, and ways to anticipate alternative scenarios during initial negotiations.
Why Research Institutes Hesitate Over Exclusivity
Exclusive licensing can conflict with a research institute’s wider commercialization mission. This post explores access to future research, public funding concerns, and the strategic reasons an institute may prefer to grant non-exclusive rights.
Making Licensing a Positive Experience
Licensing can feel like an opportunity when it supports a clear business objective. This post explores cultural differences, the mix of skills required, and the value of professional support in building constructive licensing relationships.
Closing the Spin-off Readiness Gap
A promising spin-off may still face a funding gap when public support ends before technology is investment-ready. This post explores honest readiness assessments and the timing of commercialization funding in Finnish research organizations.
How Research Institutes License IP
Research institutes often license intellectual property alongside research and development services. This post explores background and project-generated IP, commercialization rights, and the balance between a client’s business needs and an institute’s research freedom.