Negotiating & Drafting IP Licensing Agreements: Top 10 Pitfalls (Update)

(278 Ratings)

Produced on: October 23, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 61 minutes
Difficulty Intermediate

In this program, attorney Olivera Medenica addresses the main clauses that require particular attention in a licensing agreement. Here, she will highlight the most common pitfalls encountered when negotiating these deceptively simple documents that often impact a complex set of transactions.

Far too often, the first draft of a licensing agreement is a boilerplate document which fails to take into account the negotiated rights and obligations of the parties and the business realities of the license relationship. Though counsel is usually the recipient of client pressure to execute the deal quickly, it benefits all parties involved to ensure each clause is appropriately drafted to the peculiarities of the deal. Ms. Medenica helps practitioners take a closer look at boilerplate language and traditionally contentious clauses, such as payment, exclusivity, and IP ownership and maintenance.

Learning Objectives:

  1. Define the licensor and licensee obligations
  2. Identify the different IP rights at issue   
  3. Prepare exit strategies for when a relationship breaks down and discuss enforcement methods and strategies for avoiding problems in the first place
  4. Address the consequences of common boilerplate language


Olivera Medenica

Medenica Law PLLC

Olivera is a Principal at Medenica Law PLLC. Her practice focuses on both transactional and litigation issues faced by businesses in a variety of industries from media, hospitality, and fashion to consulting, retail and telecommunication. She regularly counsels her clients on trademark, copyright, IP licensing and social/digital media content. In her litigation practice, she counsels her clients on contentious matters such as copyright and trademark infringement, trade secrets, unfair competition, breach of contract, fraud, right of publicity and privacy, defamation, and shareholder and business owner disputes in closely held businesses. In her trademark practice, Olivera handles risk evaluation for trademark use and registration, prosecution, policing, enforcement and a national and international portfolio of trademark rights. Under her leadership, Medenica Law PLLC recently won a competitive bid to represent the National Endowment for the Arts on select intellectual property matters.

Olivera has lectured in a variety of venues on issues dealing with intellectual property, business ownership and disputes, social media, and law firm management issues. Lecture engagements have included, the Federal Bar Association, New York County Lawyers’ Association, the New York City Bar, the New York State Bar Association, Harvard Law School, Brooklyn Law School, New York Law School, South by Southwest Interactive, Cardozo Law School, the School of Visual Arts, Manhattan School of Music, Direct Marketing Association Conference (Geek-End), and the New York Foundation for the Arts.

She has also written articles for a variety of publications including the New York Law Journal, National Law Journal, Ecommerce Law and Strategy, Brooklyn Journal of International Law, Cardozo Arts and Entertainment Law Journal, and Loyola of Los Angeles International and Comparative Law Review and the Internet Law Journal. She also co-authored the American Bar Association’s Legal Guide to Fashion Design, and Thomson Reuters’ Aspatore, Inside the Minds, 2015 Edition of Navigating Fashion Law.

Olivera is an Advisory Board Member of the New York Law School Innovation Center for Law and Technology, Fashion Law Initiative. Olivera is also the founder of an annual national Fashion Law Conference hosted by the Federal Bar Association, in both New York and Paris. The conference draws an international audience and was featured in the Huffington Post and Intellectual Property Watch, a Geneva, Switzerland based publication.

Olivera served as President to the Southern District of New York Chapter of the Federal Bar Association (2014-2015). She was also a member of the New York County Lawyers’ Association Board of Directors, and has chaired the Small Law Firm Committee at the New York City Bar and the Entertainment, Media, Intellectual Property and Sports Section at NYCLA. 


John k.

Good presentation especially around contract language.

Teddy M.

Quite informative. One of the best CLE's available.

Phyllis C.

Terrific insights, comprehensive, very useful, Please do Part 2.

Stewart K.

Thank you.

Thomas M.

most useful course to my practice in the entire series/package.

Fred V.

Well done.

Douglas B.

Very pleased with content

Xavier H.

Great speaker!

Richard K.

Extremely knowledgeable instructor. This course is highly recommended

Pauline M.

This lecture actually covered 5 of the top 10, with the written materials covering all 10.

Rebecca Z.

I really enjoyed the presenter, and her attention to details. Great program. Thank you!

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