IP HOLDING STRUCTURES

Businesses can employ various means to strategically manage, safeguard, secure, and exploit their IP, including through the establishment of IP holding companies.

An IP holding company is specifically designed for owning another’s IP, i.e. its patents, trademarks, copyright, designs, etc., for the purpose of managing, selling, or licensing the IP. There are various benefits of having an IP holding structure.

IP holding companies and their parent company are separate legal entities. The formation of an IP holding structure is certainly a step more business owners should take in their IP strategy. Through IP holding structures, businesses can:

• Ring-fence and protect their IP assets from lawsuits and potential risks, including parent company insolvency
• Carry on the license and sale of IP assets should the parent company’s business be sold off or discontinued
• Enhance certainty management of IP ownership through centralization of IP assets
• Improve ease of IP financing

Establishing IP holding structures encompass more than incorporating an IP holding company. Often times, it also involves a complex process of regrouping and reorganising a large group of companies.

It is vital that the IP assets which are identified are managed and shared via properly executed agreements between the companies, or between the company and third parties. This ensures that the interests of the selling or licensing company are adequately protected, and any IP leakage can be prevented. A properly drafted licensing agreement is essential as it sets out the issues and addresses the terms of both the usage and accrual of specific IP rights.

Yusarn Audrey fields a team of highly qualified and diversified IP lawyers and professionals who can address any issues you might have in relation to IP, including IP ownership issues and IP licensing issues. Our IP lawyers work closely with our corporate team to ensure all aspects of your IP holding structure are addressed – from providing tax advice IP holding structures, to the establishment and incorporation of your IP holding company, to drafting your licensing agreement – we have the right expertise and experience to assist you.

Speak to us for advice on how your company or business can be structured to hold its valuable IP assets.