IP Commercialisation, Financing & Insurance

Licensing is the most common route. You can grant third parties the right to use your trademarks, patents, copyrights, or technology in exchange for royalties or licence fees, while retaining ownership. Other monetisation options include franchising, merchandising, technology transfer, and co-development arrangements. The key is structuring the licence to protect your rights while generating revenue.

Yes. IP assets, particularly patents, trademarks, and content catalogues, can be used as collateral for secured lending. This requires an IP valuation and a security interest structure that allows the lender to enforce against the IP in the event of default. IP-backed financing is growing in India, particularly for technology companies and content businesses. We advise on the structuring and documentation of these arrangements.

IP insurance covers the costs associated with enforcing or defending IP rights. Enforcement cost insurance covers the legal costs of pursuing infringers, making enforcement economically viable for businesses that might otherwise not pursue claims. Infringement defence insurance covers the costs of defending against allegations that your products or services infringe third-party IP. IP insurance is an emerging area in India and we advise clients on available products and how they fit within an overall IP risk management strategy.

IP valuation depends on the purpose (transaction, financing, litigation, accounting) and uses methods such as the cost approach (what it would cost to recreate the IP), the market approach (comparable transactions), and the income approach (present value of future income attributable to the IP). Valuation is relevant for M&A, licensing negotiations, IP-backed financing, tax planning, and insurance. We advise on the appropriate methodology and coordinate with valuation professionals where needed.