Contracts
Contract Act, 1872
Competition
Competition Act, 2010
Models
Licensing, assignment, franchising
Reach
Cross-border deals

Non-disclosure agreements in IP transactions

Most IP transactions begin with a disclosure: an invention shown to an investor, source code shared with a developer, a recipe or process explained to a franchisee or manufacturer. Without a non-disclosure agreement, that disclosure can destroy patent novelty and leave know-how unprotected.

  • Sign an NDA before sharing inventions, designs, source code, formulas or business plans.
  • Define confidential information, permitted use, duration and return or destruction of materials.
  • Pair NDAs with IP ownership and assignment clauses in employment, consultancy and development contracts.
  • Pakistan has no stand-alone trade secrets statute, so confidential information is protected mainly through contract and the law of confidence; drafting matters.

Overview

Intellectual Property is a valuable business asset that can be monetized, licensed, and leveraged for growth. Our commercialization practice helps clients transform IP rights into revenue-generating assets through strategic structuring and transactions.

Our Services

STEP 1

Licensing & Technology Transfer

  • trademark, patent, and copyright licensing
  • technology transfer agreements
  • franchising and distribution models
  • royalty structuring and compliance
STEP 2

IP Transactions & Assignments

  • sale and acquisition of IP assets
  • assignment agreements
  • due diligence and valuation
  • cross-border IP transactions
STEP 3

Commercial Agreements

  • joint ventures and collaborations
  • research & development agreements
  • software and digital licensing
  • SaaS and platform agreements
STEP 4

Portfolio Monetization Strategies

  • IP valuation and structuring
  • brand licensing programs
  • commercialization of innovations
  • leveraging IP for investment and financing
STEP 5

Cross-Border Commercialization

  • multi-jurisdictional licensing structures
  • international brand expansion
  • regulatory and tax considerations
  • coordination with foreign counsel

Key Commercial Principles

  • IP rights can be licensed without transferring ownership
  • clear contractual structuring is critical
  • royalties and revenue models must be defined
  • cross-border deals require regulatory compliance

Importance in Modern Economy

Intellectual Property is a key driver of economic growth, innovation, and competitive advantage. Businesses increasingly rely on IP to:

  • generate revenue streams
  • expand into global markets
  • attract investment
  • enhance brand value

IP systems are designed to promote innovation and economic welfare through protection and commercialization.

Conclusion

Effective commercialization unlocks the full value of intellectual property. A well-structured IP strategy enables businesses to maximize returns, expand globally, and maintain a competitive edge in innovation-driven markets.

Licensing, competition and FRAND

Licences and franchise agreements should be reviewed against the Competition Act, 2010, which prohibits abuse of a dominant position (section 3) and anti-competitive agreements (section 4). Patent licences should address working of the invention, because non-working can support a non-voluntary licence (section 59 of the Patents Ordinance). For standard-essential patents, Pakistan has no specific FRAND rules, so terms must be set out carefully in the licence itself. Licences of registered trademarks, patents and designs should be recorded with IPO-Pakistan.

Discuss your matter with us

Tell us what you need. We will confirm receipt and keep you updated at every stage.

Talk to usinfo@saminsami.com
WhatsApp