Interested in training for your team? Click here to learn more

Licensing Trade Secrets: Risks and Benefits, License and Payment Terms, Boilerplate Language

Avoiding Litigation, Allocating Risk, and Maximizing Trade Secret Value

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 29, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will prepare IP counsel to craft trade secret licenses. The panel will discuss the risks and benefits and review key clauses. The panel will outline best practices for structuring the agreement to avoid litigation, allocate risk, and maximize value.


The licensing of trade secrets can include pitfalls. Learn how a licensor continues to receive royalties 90 years after the trade secret became public. Moreover, a federal court has ruled that the payments should continue as long as the product is sold.

New technology often includes trade secrets. Companies may need to share the trade secrets with business partners, manufacturers, and others to realize the full economic value of the trade secrets. Licensing trade secrets allows the owners to leverage business resources and access markets that they would otherwise not have.

However, licensing trade secrets is not without its challenges, the chief of which is preserving secrecy during the negotiation, performance, and termination of the licensing agreement. Confidentiality is one of the license conditions, but without proper monitoring, there is a risk that the trade secret information will be disclosed to third parties.

Licensing agreements should include critical provisions such as confidentiality, payment structure, termination, indemnification, and limitations on liability. By understanding the essential elements and the common pitfalls, counsel for trade secret owners and licensees can effectively structure and negotiate the agreements in their clients' best interests.

Listen as our authoritative panel of IP attorneys examines trade secret licenses, discusses the risks and benefits, reviews key clauses, and provides best practices.



  1. Risks and benefits
  2. License terms
  3. Payment terms
  4. Boilerplate language
  5. Best practices


The panel will review these and other key issues:

  • How can counsel prevent the loss of trade secrets?
  • What are the key contract terms to include in a trade secret license?
  • What pitfalls should be avoided?
  • What factors must be considered to avoid or minimize litigation?
  • What lessons can be learned from recent court decisions?


Augustyn, John
John M. Augustyn

Leydig Voit & Mayer

John Augustyn successfully represents clients in high stakes intellectual property litigation, agreements, client...  |  Read More

Krieger, Justin
Justin Krieger

Kilpatrick Townsend & Stockton

Mr. Krieger is a first chair inter partes review and post-grant review litigator with a tremendously successful track...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video