Picking up again on the topic of Licensed Products: we’ve established that the best licensees in terms of revenue maximization are those with the strongest distribution and specialising in one or two categories. Depending on the territory in question this generally means that you’re going to need quite a few licensees to both cover all the key categories and maximize distribution and sales.
Hi kids – back again with next instalment of Licensing 101
In this section I am going to address Licensed Products – how that section of an agreement is negotiated and reflected in a contract, and some pointers on how best to approach.
So, having sorted your trademark investments & strategy, and made your peace with the imperfections/distortions of the market in which you’re trying to work, the final piece is to come up with your anti-piracy strategy itself.
So, as an example of the unfortunate reverse corollary, take Singapore. Singapore has very strong IPR (Intellectual Property Rights) protection, and police and customs agencies work in close concert and pro-actively to go after any counterfeit product coming into the market. They fully honor Madrid protocols and will actively seek out IP owners to determine if suspect product is legit or not. Any costs to the licensor to defend its IP is minimal. Also, as a consequence, relatively speaking there is very little counterfeit product in Singapore.
Remembering my note that I am not a lawyer and this blog should in no way substitute for any readers taking their own legal advice on matters related to I.P., for starters, there is something called the Madrid System or “Madrid Convention” (http://www.wipo.int/madrid/en/ ) to which most countries are signatories which states that if you hold the trademark in one market , subject to any pre-existing conflict, you have a basis to press your claim to it in all markets.