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The two main types of licensing agreements include exclusive and non-exclusive licenses. An exclusive license grants one party sole rights to use the intellectual property, while a non-exclusive license allows multiple parties to use it simultaneously. Understanding these types is vital, especially when drafting a New Jersey Exclusive License Agreement between Individual Inventor and Corporation.
A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner. A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.
Cross Licensing refers to the cross-license agreement between patentees, entered into for purposes of avoiding litigation concerning conflicting patents. It helps preserve the financial incentives for inventors to commercialize their existing innovations and undertake new, potentially patentable research.
Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.
An exclusive license grants the licensee singular permission to exploit the intellectual property in question. No other entity, including the party granting the license (the licensor), is allowed to use the intellectual property covered by the license unless specific carve-outs are included in the agreement.
Examples of licenses include a company using the design of a popular character, e.g. Mickey Mouse, on their products. Another example would be a clothing manufacturer like Life is Good licensing its designs and brand in a certain country to a local company.
In an exclusive license, only the licensee has the right to make use of the intellectual property. By contrast, in a sole license, the licensor agrees not to grant any additional licenses but retains the right to make use of the intellectual property.
A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.
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.
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.