A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor's property and agrees to make payments known as royalties.
Intellectual property is a property right that can be protected under federal and state law, including copyrightable works, ideas, discoveries, and inventions. The term intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets.
A trade secret is a process, method, plan, formula or other information unique to a manufacturer, which has value due to the market advantage over competitors it produces. Use or disclosure of a trade secret by an employee, former employee, or anyone else may be prohibited by a court-ordered injunction. The owner of a trade secret may seek damages against such a person for revealing the secret. Also, when trade secrets are involved in a lawsuit, a "protective order" may be requested from the judge to prohibit revelation of a trade secret or a sealing of the record in the case where references to the trade secret are made. A trade secret is separate from and covered under different law from a patentable invention. Trade secrets include, among others, business assets such as financial data, customer lists, marketing strategies, and information and processes not known to the general public.
Suffolk New York Exclusive License Agreement - One Year
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State:
Multi-State
County:
Suffolk
Control #:
US-02547BG
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Word;
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FAQ
How to decide between types of licensing agreements Patent Licensing. Patents cover science and innovation.Trademark Licensing. Trademarks are signifiers of commercial source, namely, brand names and logos or slogans.Copyright Licensing.Trade Secret Licensing.Exclusive.Non-exclusive.Sole.Perpetual.
An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
What is the difference between an exclusive and a nonexclusive licensing category? An exclusive category is one in which only on licensee can manufacture merchandise. A nonexclusive category is one in which more than on licensee can use the trademarked property.
An Exclusive Licence means that no person or company other than the named licensee can exploit the relevant intellectual property rights. Importantly, the licensor is also excluded from exploiting the intellectual property rights.
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.
The difference between exclusive and non-exclusive agreement refers to how vendors and partners work with each other. Exclusive agreements exclude competitors for a set period of time, while non-exclusive agreements allow for competitors, often as motivating tools.
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.
License Agreement Tips Firmly establish ownership. A good contract should clearly state what rights are being granted pertaining to the intellectual property in question.Do not overlook definitions.Define the royalty system.Explain the quality assurance monitoring process.Be aware of government regulations.
Reviewing a Licensing Agreement Cost The attorney needs to have experience with contract law and be familiar with the intricacies of intellectual property law. ContractsCounsel's marketplace data shows the average licensing agreement review costs to be $733.17 across all states.
The phrase sole and exclusive license, for example, is common yet contradictory. Sole, on the one hand, means only one person has the legal right to use the product. Exclusive, however, actually means only one other person has that right.