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Exclusive Licence grants to the licensee the right to use the intellectual property, but means that the licensor remains free to exploit the same intellectual property and to allow any number of other licensees to also exploit the same intellectual property.
The partnership agreement lays out the terms of the partnership covering topics such as sharing in profits and losses, how partners can leave the partnership, the percentage of control held by each partner, and similar issues. Joint ventures, on the other hand, may not necessarily have an agreement in place.
Licensing is a relationship between Licensor and Licensee, an arrangement between them to use the intellectual property of the former whereas a Joint venture means an agreement between two companies to share resources or provide assistance for a set period of time in exchange for payment.
What is a Licensing Agreement? 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.
Generally, there are three types of licensing agreements: exclusive, sole, or non-exclusive. In an exclusive license, the licensee is only the party that can use the licensed intellectual property.
In a franchise partnership, the business belongs to the franchisee. The franchisee essentially runs the business for the franchisor, but at a fee. In a licensing partnership, the licensee only pays the licensor for a specific product, for which the licensor may have taken out patent rights.
A trademark license agreement allows the licensee to use (but not own) the licensor's trademark in connection with agreed-on products or services. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation.
The licensor and licensee will agree a trademark royalty rate in the licensing agreement. A trademark royalty rate is usually a percentage of sales generated from the use of the trademark ? for example, 5% of gross or net revenue, paid quarterly.