It is not uncommon for businesses to find that they are using the same or similar intellectual property rights as another business. In some circumstances, the business with the earlier rights may want to prevent the second business’s use, if, for instance, it determines that it is likely to cause confusion amongst the public or to be damaging to its goodwill. In other circumstances however, such a business may not consider the second business’s use to be harmful, so may be willing to allow the second business to “co-exist”, likely subject to certain restrictions.
We are experienced in advising on, negotiating and drafting co-existence agreements which allow business to continue to use their intellectual property rights without interference from the other party. Co-existence agreements can be a useful tool in helping businesses to achieve peace of mind and to protect the investment that they have made in developing their intellectual property.
If you would like any advice or assistance in connection with the preparation of a co-existence agreement please contact us.