Composite transactions

Things are seldom inherently bad ‐ poisons are typically compounds, made from elements that on their own are good, if not, beneficial; weapons are made from components that in isolation are generally harmless. In the same manner, tax and Exchange Control structures that are illegal / abusive can ...


Contracting with technology start-ups (from the funder’s perspective)

Concluding deals (e.g. licence, supply of goods, provision of services, R&D agreements) with start‐ups is far more complex than concluding similar deals with mature, consolidated companies. Often the early "investor" (which is essentially how start‐ups view you) is ...


Licensing loopholes

Although many "template" licence agreements are available, it is seldom that changes are not required by at least one of the parties. Many proposed amendments initially appear innocuous. That is until one later falls through the resulting loophole. Licensors should always be careful when granting licensees ...


Negotiating licences – issues to consider

1. Licensee and licensor details Consider withholdings taxes, transfer pricing and exchange control issues when concluding international licences, in particular where the parties are connected. For example, "manufacturing" licences concluded between ...


Recordal of assignments and licences

One acquires intellectual property by assignment and rights therein by licence, correct? Not exactly. Consider the following scenarios: X acquires a trademark by assignment from Y and uses the trademark in its business ...