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, these agreements allow you to expand your market reach using other people's resources, generating steady revenue streams without heavy capital investment.
We help you navigate these complexities, ensuring your agreements (whether for technology transfer, franchising or pure licensing) are commercially viable, legally compliant and enforceable.
Our Licensing & Know-How Services Include:
- Franchise agreements , licensing agreement & regulatory compliance - Ensuring compliance with the Franchise Act 1998, including the preparation of Disclosure Documents and registration with the Registrar of Franchises.
- Trademark, patent, copyright & design licensing- Drafting clear terms for usage rights, territory, duration and exclusivity to maximize revenue while protecting ownership.
- Technology transfer & know-how agreements (including OEM/ODM & JDAs) - Structuring Joint Development Agreements (JDAs) and manufacturing contracts to safely transfer proprietary processes and technical expertise.
- Cross-border licensing strategies & royalty structuring - Advising on cross-border enforcement to ensure your global expansion is profitable.
- IP commercialisation planning & revenue protection - Helping you choose the right model (licensing vs. franchising) to align with your business goals and risk appetite .
- Enforcement of licensing terms & dispute management - Acting swiftly against breach of contract, unpaid royalties or unauthorized sub-licensing through negotiation or litigation.
FAQs- Common Client Concerns
Licensing involves defining scope, territory, duration, royalties, quality control and termination rights. Poorly drafted licensing agreements that inadvertently cross into "franchising" territory can be rendered null and void.
Templates rarely reflect Malaysian law or your commercial realities. They often omit critical clauses on exclusivity, sub-licensing or performance obligations. Worse, a template might inadvertently create a "franchise" relationship without complying with the Franchise Act, making the contract void.
Confidentiality clauses and clear definitions of "know-how" are essential. We ensure that your proprietary methods are protected as Trade Secrets, with strict covenants preventing the licensee from using them after the agreement ends.
Remedies may include termination, damages, injunctions or specific performance. We draft agreements with strong enforcement mechanisms to ensure you can recover what is owed.
Quality control provisions are critical. We help you establish strict standards that the licensee must meet, preserving your brand integrity and reputation.
Absolutely. Well-structured licensing agreements demonstrate that your IP is a revenue-generating asset, which significantly enhances your company’s valuation.
Related Solutions
IP Audit &
Due Diligence
Domain Names &
Digital Assests
IP Awareness
Training
Trademark
Services
Patent
Services
Copyright
Services
Industrial Design
Services
Business Reputation &
Passing Off
Trade Secret
Services
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.
Why Choose Us
We understand that licensing is both a legal and commercial exercise. We combine deep knowledge of Malaysian IP law with practical business insight. Whether you need to structure a Franchise to strictly control your brand or a flexible License to expand rapidly with lower risk, we help you maximise value while keeping control firmly in your hands.
Speak to our IP lawyers today to unlock your commercial potential.