The importance of this measure was highlighted in a brand case last year4. The licensor was active in the military nuclear sector. It sold its subsidiary, which was the group`s energy division. At the time of the sale, it granted its subsidiary an irrevocable and exclusive free licence for the use of the BABCOCK trade mark in respect of `the transactions carried out by [the subsidiary] and all transactions of a substantially similar nature`. Under an intellectual property license agreement (also known as an intellectual property license or intellectual property license agreement), you retain ownership of your patent, copyright or trademark, but you authorize another party to use some or all of your intellectual property rights for a specified period of time for a royalty or royalty. These intellectual property contracts usually set dates and procedures for termination. However, once you have obtained your intellectual property rights, it is sometimes more convenient or valuable to have them used by someone else for a fee, which is why there are intellectual property agreements and intellectual property contracts. These documents are complex agreements that determine how third parties may use your intellectual property. IP agreements and IP contracts require careful negotiations and IP holders should conduct these negotiations with the help of an experienced IP lawyer. Through Priori, you can contact a certified lawyer who can help you design and negotiate an intellectual property agreement or intellectual property contract.
As the owner of the intellectual property, you can negotiate with another legal entity (licensee) a license agreement giving them permission to use your intellectual property. You may have a single licensee (“exclusive license”) or multiple licensees. If you offer multiple licenses, they may be open or limited in scope to certain branches or geographic areas (for example. B franchising). A license for Harvard`s own patent rights is subject to conditions similar to those set forth in the form agreements in the following links. Some terms can be changed to address unique aspects of each situation. In particular, financial conditions shall be determined on the basis of the technology to be granted, the licensee`s business model and market standards in the sector in which the licensee operates. To enter into a licensing agreement, you should at least: in this article, we look at some lessons learned from recent litigation over the licensing of intellectual property rights.
We highlight a few points that should be taken into consideration when negotiating and organizing a license agreement. Whether you want to license your trademark, patent, copyright, design, source code, or any other form of intellectual property, a license agreement protects the owner of the intellectual property from abuse or misappropriation of intellectual property by a licensee. Narrow definitions of the licensee`s licensed sector are recommended. If it is not possible to agree on a narrow definition, consider whether the license should not apply exclusively to areas with potential overlaps. In one case last year, the High Court included certain bona foi obligations in a distribution and licensing agreement for toiletries.6 6 It was obligatory not to under-contribute the prices excluding taxes and not to knowingly give false information. The case shows that the courts are willing to include certain bona foi obligations in a licensing agreement, such as honesty, cooperation, the non-arbitrary exercise of contractual discretion and not against any established sectoral assumptions. If you own intellectual property (IP), you may grant another legal entity (a natural person, company or other legal entity that has legal rights and is subject to obligations) rights of use called “your IP license”.. .