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The issue here is that with a sublicense, the person sublicensing it keeps a license right, therefore effectively creating two licensees. With an assignment, only one right is assigned, and the assignee is the one who has possession of the license.
Assignment is a legal term whereby an individual, the ?assignor,? transfers rights, property, or other benefits to another known as the ?assignee.? This concept is used in both contract and property law. The term can refer to either the act of transfer or the rights/property/benefits being transferred.
A sublicense agreement is a legal document that outlines the terms and conditions where one business owner allows another party to use their intellectual property. The original business owner, or licensor, often has the exclusive right to license specific intellectual property for a certain period of time.
The key difference between a license and an assignment is that an assignment transfers rights away from the original copyright or patent holder. Whereas the licensor retains ownership of the intellectual property rights, the assignor gives up the rights entirely.
The steps for making a license agreement are as follows: Download a template for a licensing agreement. Choose your role as the licensor or licensee. Define the license(s) in the agreement. Decide whether the license is exclusive or not. Settle the matter of fees and payment schedule. Add a renewal date and rules.
Sublicensee means any permitted sublicensee of the rights granted Company under this Agreement, as further described in Section 2.2. License means any Copyright License, Patent License, Trademark License or other license of rights or interests now held or hereafter acquired by any Credit Party.
An assignment transfers the benefit of a contract from one party to another, but only the benefit, not the burden. In contrast, a novation will transfer both the benefit and the burden of a contract from one party to another. A novation creates a new contractual relationship - a 'new' contract is entered into.
A sublicensable license versus a non-sublicensable license: Sort of like a sublease of an apartment, a sublicensable license allows the licensee to grant sublicenses to others, allowing those sublicensees to use the licensed material as well. A non-sublicensable license prohibits the licensee from granting sublicenses.