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Licence agreements in Canada may cover virtually any form of intellectual property, including patents, trade secrets, know-how, registered trademarks, unregistered trademarks, service marks, trade names, copyright, software, personality rights, characters, etc.
Royalty rates can be anything from 0.1% to 25%, and they can differ from product to product and industry to industry. You can use industry averages as a guideline, but make sure you're backing these up with real, recent royalty rates data from reliable sources, such as our RoyaltyRange benchmarking studies.
A patent license agreement is a contract between a patent owner (licensor) and a licensee that defines the terms under which the licensee may make, sell, and use a patented invention.
Patents, trademarks, and copyrights are all forms of intellectual property that can be licensed. For example, patent licenses can be used for mechanical devices and systems, healthcare products and services, electronic hardware, computer software, chemical compositions, and business methods.
An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
What are the disadvantages of licensing? The license agreement is normally for a considerable period of time and there may be an annual minimum royalty required. New technology may become available making the licensed opportunity obsolete. The agreement may force the licensee to accept restrictions on its marketing.
License Agreement Tips Firmly establish ownership. A good contract should clearly state what rights are being granted pertaining to the intellectual property in question. ... Do not overlook definitions. ... Define the royalty system. ... Explain the quality assurance monitoring process. ... Be aware of government regulations.