Licensing & Agreements

Licensing Strategy

Your intellectual property is more than a legal asset—it’s a business tool. At Brooks Kushman, we help clients turn innovation into opportunity by structuring and negotiating licensing agreements and other commercial contract terms that protect your IP and advance strategic goals. 

Our team combines legal, technical, and business insight to ensure every agreement reflects the value of your innovation, avoids unnecessary risk, and positions you for long-term success. 

Our Value to You 

As a firm that focuses exclusively on intellectual property, we bring a rare combination of technical depth and business perspective. We work alongside your team to structure deals that work for your business’s goals. 

• We blend IP strategy with commercial insight to support your business goals. 
• We identify risks and opportunities others may miss. 
• We go beyond traditional licensing to support a wide range of technology-driven agreements. 

Whether you’re expanding into a new market, entering a joint venture, or developing the next generation of your product, our team helps you do it with clarity and confidence. 

Types of Agreements We Support 

We regularly advise clients on IP terms and structures across a variety of agreements, including: 

• Licensing and IP acquisition agreements 
• Joint venture and co-development agreements 
• Business and marketing collaborations 
• Supply and purchasing contracts involving proprietary technologies 
• Sweepstakes and promotional agreements 
• Non-disclosure and confidentiality agreements 
• Commercial contracts with embedded or licensed technology 
• Traditional patent and trademark licensing 
• Trade secret and know-how arrangements 
• Technical consulting agreements 
• Standard-essential patent (SEP) and FRAND licensing 

If your agreement touches technology or innovation, we can help ensure it is built to last. 

How We Support Clients 

Every client relationship is different. Some companies manage licensing internally and bring us in for final review or special projects. Others rely on us as outside counsel for all licensing and technology agreements. Our services are always flexible and scalable to your needs. 

We regularly provide: 

• End-to-end agreement drafting, negotiation, and review 
• Institutional support, including process mapping and licensing workflows 
• Risk assessment and strategic guidance for tech-heavy deals 
• Education and support for in-house teams 

Clients also turn to us after deals go wrong. We often resolve issues that arise from agreements not built with IP in mind to help those businesses get back on track. 

Client Education and Counseling 

Many companies don’t realize what’s missing from their licensing agreements until it’s too late. That’s where we come in. 

We help: 

• Educate midsize and growing businesses on the value of IP-savvy contracts 
• Support lean in-house teams that need guidance or overflow support 
• Help larger companies avoid pitfalls and strengthen internal processes 
• Bring IP expertise into agreements that are often handled by non-IP counsel 

Our goal is to prevent those missteps before they happen and to partner with your team so licensing and incorporating IP contractual terms becomes a proactive part of your growth strategy. 

Real-World Experience 

We’ve helped clients across industries leverage their IP and use licensing to strengthen their competitive position, grow new revenue streams, and avoid costly mistakes. Some examples include: 

• Developed licensing structures that aligned with both the business model and the technical complexity of the technology. 
• Provided strategic counseling on embedded software licensing, where standard templates were insufficient. 
• Supported the creation of a licensing program to help mitigate litigation risk and assert IP rights more effectively. 
• Supported drafting and negotiating joint development agreements with corporate partners and universities to both provide and receive IP rights needed for success of the business 
• Supported drafting IP and confidentiality terms in consulting agreements 
• Advised and drafted IP terms for merger and acquisition deals, including due diligence on IP assets and associated representations and warranties to be included in the transfer.  
• NDA and trade secrets counseling. Advised clients on how to strengthen confidentiality protections following lessons learned from litigation. 

Cross-Practice Collaboration 

Licensing opportunities often arise in other areas of our IP practice, especially patent and trademark prosecution. We work closely with internal teams to spot those opportunities and make sure clients get holistic support. 

We regularly educate our own team through internal training, client checklists, and knowledge-sharing to better identify and advise when licensing support should be offered as part of ongoing client relationships. 

Thought Leadership and Industry Involvement 

We’re committed to advancing the conversation around licensing strategy. Members of our team are active in key industry organizations, including: 

• Licensing Executives Society (LES)
• IPO Licensing Committee
• AIPLA Licensing Committee

We also publish insights and case studies to help clients learn from real-world examples and evolving trends in IP. 

Let’s Talk 

If your agreement involves intellectual property, either as a standalone license or part of a broader deal, our team can help you do it right. From strategy to structure to resolution, Brooks Kushman brings clarity and confidence to licensing. 

Contact us to learn more about how we can support your next agreement.