IP and Licensing

The AAA’s IP and Licensing Contract Clauses

ADR clauses

Ensuring your IP and licensing contracts contain clear and enforceable arbitration clauses is key to resolving disputes efficiently. The AAA provides tools such as ClauseBuilder® AI (Beta) to help you draft effective clauses using AI technology. You can also use our ClauseBuilder online tool for more traditional drafting.

Commercial (U.S. domestic): Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the AAA in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Why Choose the AAA?

Why AAA?

Keeping Your Confidential Information Private: In IP and licensing disputes, confidentiality is critical. The AAA provides a secure case management platform and maintains the privacy of the parties’ sensitive business information, such as trade secrets and proprietary technology.

Provide Input into the Process: Arbitration with the AAA gives businesses the flexibility to select arbitrators with relevant expertise, customize procedural rules, and provide input into the case schedule. This control allows for a more efficient, tailored resolution process compared to traditional litigation.

Types of IP and Licensing Disputes We Handle 

Dispute types

The AAA provides arbitration and mediation services for a broad range of IP and licensing-related disputes, offering efficient and fair dispute resolution across various sectors. Our panel of experts is equipped to handle the following types of disputes: 

 

Dispute types

Patent Disputes

Conflicts involving patent infringement, validity, and enforcement, as well as disagreements over patent licensing, royalties, and patent portfolio management. 

Trademark Disputes

Issues related to trademark infringement, dilution, and unauthorized use, including conflicts over trademark registration, licensing, and brand protection. 

Copyright Disputes

Disputes surrounding copyright infringement, ownership, and licensing, including conflicts over the use of copyrighted works in technology, media, and entertainment. 

Technology Licensing

Disagreements involving the terms of technology licensing agreements, such as royalty payments, scope of use, exclusivity, and the transfer of intellectual property rights.

Emerging Technology

Disagreements involving patents, licensing, and ownership of blockchain, AI, cloud computing, robotics, and other emerging technologies.  

Trade Secrets

Disputes related to the misappropriation or unauthorized disclosure of trade secrets, including conflicts over non-disclosure agreements (NDAs) and confidentiality breaches. 

Software & Digital IP

Conflicts involving software licensing, digital content distribution, and the protection of proprietary algorithms and digital assets. 

Franchise & Brand Licensing

Disputes related to franchising agreements, brand licensing, and use of trademarks in franchise systems, including conflicts over royalties, territory, and performance standards. 

Research & Development Agreements

Disputes stemming from joint research and development projects, including issues related to ownership of resulting intellectual property, patent filings, and the commercialization of innovations. 

AAA Panel of Arbitrators and Mediators

Arbitrators & mediators

The AAA maintains a roster of highly qualified arbitrators and mediators with deep expertise in IP and licensing matters. Our panelists offer:

 

Arbitrators & mediators

Specialized Knowledge

Our panelists possess a nuanced understanding of patent law, trademark protection, copyright regulations, and the intricacies of technology licensing agreements. Their experience allows them to handle even the most complex disputes with fairness and precision.

Industry Experience

Many of our panelists have worked directly in technology, media, entertainment, and biotechnology, giving them practical insight into the unique challenges and nuances of intellectual property and licensing matters.

Informed, Fair Decisions

With their extensive legal and technical expertise, our panelists can render fair, often reasoned decisions that protect valuable IP assets and support business objectives.

Flexible Dispute Resolution Options

Whether through arbitration or mediation, the AAA’s panel provides the expertise to resolve your IP and licensing conflicts efficiently, preserving critical business relationships.

Take the Next Step

Contact us

Lisa Romeo