How do you resolve licensing conflicts with other parties?

1 Identify the source of the conflict

The first step is to identify the source and nature of the conflict. Is it a matter of infringement, where one party is using your licensed material without your permission or beyond the scope of the agreement? Is it a matter of interpretation, where both parties have different understandings of the terms and conditions of the license? Or is it a matter of competition, where both parties are offering similar or identical products or services under different licenses? Knowing the source of the conflict will help you determine the best course of action and the potential remedies.

2 Communicate with the other party

The next step is to communicate with the other party and try to resolve the conflict amicably. This means reaching out to them in a respectful and professional manner, explaining your position and concerns, and listening to their perspective and interests. You may be able to negotiate a mutually acceptable solution, such as modifying the license, granting a sub-license, paying a royalty, or withdrawing the conflicting product or service. Communication can also help you avoid escalating the conflict or resorting to legal action, which can be costly and risky.

3 Seek legal advice

If communication fails or the conflict is too complex or serious, you may need to seek legal advice from a qualified attorney who specializes in intellectual property and licensing issues. They can help you understand your rights and obligations under the license, evaluate the strength and validity of your claim, and advise you on the best legal strategy and options. They can also help you draft and send a cease and desist letter, file a lawsuit, or defend yourself against one.

4 Consider alternative dispute resolution

Another option to resolve licensing conflicts is to consider alternative dispute resolution (ADR), such as mediation, arbitration, or conciliation. ADR is a process where a neutral third party facilitates or decides the outcome of the dispute, without going to court. ADR can be faster, cheaper, and more flexible than litigation, and can preserve the relationship between the parties. However, ADR may not be suitable for every case, and may require the consent and cooperation of both parties.

5 Review and update your license

The final step is to review and update your license to prevent or minimize future conflicts. You may need to clarify the scope, duration, and terms of the license, specify the dispute resolution mechanism, or include a clause that allows you to terminate or modify the license in case of a conflict. You may also need to monitor and enforce your license regularly, and keep records of your communications and agreements with the other party. By reviewing and updating your license, you can protect your intellectual property and licensing rights, and avoid unnecessary disputes.