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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 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.
A trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.
It is permissible to license an unregistered Trade mark. Permitted use without recordal of Registered User is permissible under the Trade Marks Act 1999, which came into force on September 15, 2003.
A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.
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.
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.
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.
A trademark licence is an agreement between a trademark owner (the licensor) and another entity (the licensee) in which the licensor permits the licensee to use its trademark for commercial purposes.
How to Negotiate a Licensing Agreement Like a ProDo your homework.Start with a term sheet.Manage your expectations.Be patient.Have a win-win attitude.Don't lose your sense of humor.Remember to hold something back.Put yourself in their shoes.More items...?