"Defining Licensor and Licensee Rights to Pursue Infringers"

In every licensing transaction, the parties need to address how they will deal with third parties who may be infringing the underlying intellectual property. Both parties usually have an interest in addressing infringement, but the specifics of their interests can sometimes vary significantly. To avoid uncertainty and the related litigation costs, it is critical for a license agreement to provide clarity regarding the parties’ respective enforcement rights against infringers.

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