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The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
This will include things like how much the licensor gets paid for every item sold (or some other type of financial compensation arrangement), whether there is any payment for the right to use the product itself, and much more....Scope of the AgreementExclusivity.Territory Rights.Guarantees of Sales.
The license of know-how is the information necessary or beneficial to the commercialization of the patented invention. A patent license combines matters of federal and state law, whereas a know-how license is subject only to state law since it is not subject to federal statutory protection.
Types of licensing agreement The unique feature of this type of agreement is that even the licensor is excluded to use or exploit the licensed property during the term of the agreement. Copyright, trademark and patent licenses are the best examples of an exclusive license agreement.
A patent license agreement usually gives a licensee, subject to certain restrictions, exclusive rights to produce, sell, and use a proprietary invention. The amount of royalty due by the licensee to the licensor would also be specified by a patent licence agreement.
The contract stipulates the type of agreement, the length of the relationship, payments and royalties that are due and when, and the extent to which licensing is allowed. Licensing also allows both parties to retain control over certain facets of the deal, including exclusivity and how a product or service is marketed.
The license of know-how is the information necessary or beneficial to the commercialization of the patented invention. A patent license combines matters of federal and state law, whereas a know-how license is subject only to state law since it is not subject to federal statutory protection.
The term licensing agreement refers to a legal, written contract between two parties wherein the property owner gives permission to another party to use their brand, patent, or trademark.
Historically, most know-how has been licensed in tandem with patents and on a non-exclusive basis; the university retains a non-exclusive right to utilize that know-how either for internal research purposes or for commercial utilization, Nag says.