Another common element of licensing agreements is the party that retains control over copyrights, patents or trademarks. Many contracts also contain a provision on territorial rights or distribution in different parts of the country or the world. In addition to the various clauses included in the licensee protection agreements, some licensees may add their own requirements. They may insist on the guarantee that the licensee owns, for example, the property`s property rights, or they may insert a clause prohibiting the licensee from directly competing with the property granted in certain markets. Each licensing agreement is unique and these agreements vary by type (copyright, trademark, patent, etc.). In general, you will find these sections in most licensing agreements: A licensing agreement is a contract between two parties (competitors and takers) in which the donor grants the donor the right to use the mark, brand, patented technology or the ability to manufacture and sell goods in the possession of the licensee. In other words, a licensing agreement gives the licensee the opportunity to use the licensee`s intellectual property. Licensing agreements are often used by the licensee to market their intellectual property. The benefits of licensing can be viewed from two angles: licensees and licensees. Exclusive and territory. The licensee is granted the exclusive right to manufacture and sell the product in a given territory. The licensee agrees that others are not allowed to sell the product in this area. This part of the agreement is usually accompanied by a clause.
payment. Details of the payment to the licensee, including whether there is a basis or royalties, and the percentages. How and when payments are made. How sales are verified. payments where there is a sub-licence. licensee`s right to conduct an annual review and regularly verify sales. The granting of subsidiary licences. The licensee may be granted the right to authorize someone to manufacture or sell their products. This depends on the specific terms of the license agreement. Most licensing agreements also deal with the issue of quality.
For example, the licensee may enter into the contract conditions that require the purchaser to provide prototypes of the product, mockups of the packaging and even occasional samples for the duration of the contract. Of course, the best form of quality control is usually achieved before the fact – by carefully checking the reputation of the licensee. Another common quality provision in licensing agreements is the method of disposing of unsold products. If stock items are sold as cheap knockoffs, this can damage the licensee`s reputation in the market. A licensing agreement varies in detail from one agreement to another, but the basic details that are covered by such an agreement remain essentially the same. The basic licensing agreement includes the non-compete agreement. The licensee agrees not to allow anyone to compete with the licence in the area and period defined in the agreement. Christian, Glynna K. “Joint-Ventures: Understanding Licensing Issues.” The licensing newspaper.
October 2005. Get a lawyer who has expertise in licensing agreements.