Stevens & Bolton Podcast Channel

Episode 3 of our patent licensing podcast from Meeting Room 7 focuses on payment terms and the common pitfalls. Charlotte Tillett, head of Stevens & Bolton’s life sciences group, is joined by associates Tom Collins and Kate Maguire to discuss the key considerations for both licensors and licensees when drafting payment terms in a patent licence agreement. The episode includes:

• Typical approaches to structuring royalty, milestone and annual lump-sum payments
• Common areas for negotiation including royalty stacking, audit rights and intra-group sales
• Different types of discounts and special deals often seen within licence agreements – and drafting pitfalls to avoid
• The importance for both parties of clearly defining terms such as 'licensed product’, ‘net sales’ and ‘valid claim’

In this second episode, “Maintaining control,” Charlotte Tillett, Tom Lingard and Tom Collins discuss the key points for parties to consider when valuable IP rights are being licensed and the owner is looking to control and protect this IP. This includes:

• Common issues that arise when negotiating assignment and sublicensing provisions in IP licences.
• How to strike the balance of protecting the licensor’s valuable IP, whilst allowing the licensee the commercial freedom it needs to get medicines to patients.
• What can happen following an acquisition of a party and how to address this in licence agreements (including change of control termination rights).