Licensing Agreements & Know-How in Malaysia

Unlocking the Commercial Value of Intellectual Property
Licensing is one of the most effective ways to monetise intellectual property. It allows you to grant others the right to use your IP – whether trademarks, patents, copyrights, industrial designs, or trade secrets – while retaining ownership. Properly structured, licensing agreements can generate steady revenue streams, expand market reach, and build strategic partnerships. Poorly drafted, they can strip you of control, expose you to liability, or undervalue your assets. 

Know-how agreements, meanwhile, protect technical expertise, proprietary processes, and confidential business methods that may not be patentable but are nonetheless commercially invaluable. In Malaysia, these arrangements must be carefully drafted to comply with contract law, competition law, and international best practices. 

Our Licensing & Know-How Services Include:

  1. Drafting and negotiating licensing agreements tailored to your business model 
  2. Technology transfer and know-how agreements that protect proprietary expertise
  3. Franchise and distribution agreements involving IP rights
  4. Cross-border licensing strategies ensuring compliance with Malaysian and international law 
  5. Dispute resolution and enforcement of licensing terms 

Trademark

FAQs- Common Client Concerns

Why do I need a lawyer for licensing agreements?

Licensing is not just about granting permission. It involves defining scope, territory, duration, royalties, quality control, termination rights, and dispute mechanisms. A poorly drafted agreement can result in loss of control, underpayment, or unenforceable terms. 

What’s the risk of using a template contract?

Templates rarely reflect Malaysian law or your specific commercial realities. They often omit critical clauses on exclusivity, sublicensing, performance obligations, or competition restrictions – leaving you exposed. 

How do I protect my know-how when sharing with partners?

Confidentiality clauses and clear definitions of “know-how” are essential. Without them, your proprietary methods can be exploited without recourse. We ensure agreements are watertight and enforceable. 

Can I license my IP internationally?

Yes, but international licensing requires careful structuring to comply with multiple jurisdictions, tax regimes, and treaty obligations. We coordinate with foreign counsel to protect your interests globally.  

What if the licensee breaches the agreement?

Remedies may include termination, damages, injunctions, or specific performance. We draft agreements with strong enforcement mechanisms and act swiftly if breaches occur.  

How do I ensure my IP is not diluted through licensing?

Quality control provisions are critical, especially for trademarks. We help you maintain brand integrity while expanding your reach.  

Can licensing help me attract investors?

Absolutely. Well-structured licensing agreements demonstrate that your IP is a revenue-generating asset, which can significantly enhance your company’s valuation. 

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Awards and Recognition

We are proud to be nominated as the top finalists of  "SE Asia Law Firm of the Year" and "Malaysia Law Firm of the Year" by ALB (Asian Legal Business) Law Awards 2018 and 2019.

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