IP Ownership, Use and Protection Provisions in Commercial Contracts: Drafting and Litigation Complexities

Evaluating When and How to Use IP Clauses in Business Agreements, Avoiding or Responding to Litigation Involving IP Provisions

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 16, 2017

Recorded event now available

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Course Materials

This CLE course will provide guidance to business counsel for drafting intellectual property (IP) ownership, use and protection provisions in a variety of non-IP commercial agreements. The panel will discuss when and how to use IP clauses in business contracts. The panel will also offer best practices for avoiding or responding to litigation involving IP provisions, including indemnification provisions and disclaimers, and responding to patent infringement assertions from non-practicing entities.


Protection of valuable IP is a key consideration when negotiating most types of commercial contracts, including employment, supplier, distributor, contractor, consultant, software development, licensing, purchase and end-user license agreements.

IP provisions address the ownership of the parties’ preexisting IP as well as IP developed under the contract, each party’s right to use/license the other party’s IP, and each party’s obligations when using the other party’s IP.

When drafting and negotiating business contracts, counsel must understand when and how to use IP clauses to protect their client’s most valuable assets. When disputes arise alleging the misuse of IP, counsel must be prepared to respond, including leveraging indemnification provisions and disclaimers.

Listen as our authoritative panel of IP practitioners provides their perspectives on how non-IP attorneys can effectively use IP provisions in a variety of business agreements to protect their clients’ valuable IP and best practices for avoiding or defending litigation over IP ownership or use.



  1. Drafting IP provisions in commercial contracts: best practices
  2. Avoiding and responding to disputes involving IP provisions
    1. Indemnification provisions
    2. Disclaimers
    3. Responding to patent infringement assertions from non-practicing entities


The panel will review these and other key issues:

  • IP provisions that should be included in commercial contracts
  • Business and legal considerations when negotiating and drafting each type of IP provision
  • Best practices for avoiding and responding to disputes involving IP provisions


Jennifer C. Bailey
Jennifer C. Bailey

Erise IP

Ms. Bailey specializes in intellectual property transaction matters, patent prosecution, and software copyrights. She...  |  Read More

Redmond, Megan
Megan J. Redmond

Erise IP

Ms. Redmond litigates and tries patent, trademark, copyright, and trade secret cases. She has significant experience...  |  Read More

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