IP LICENSING


PNJLEGAL

Uploaded on May 4, 2020

Category Business

ip licensing agreement ip licensing in india ip licensing models ip licensing companies ip licensing analyst ip licensing business model ip licensing software ip licensing jobs ip licensing analyst qualcomm ip licensing agreement example ip licensing analyst qualcomm salary ip licensing and competition law ip licensing and commercialisation ip licensing agreements are mostly ip licensing book ip licensing basics ip based licensing big ip licensing bristows ip licensing handbook blackberry ip licensing broadcom ip licensing ip licensing course ip licensing clause ip licensing conference ip licensing checklist ip licensing case study ip licensing costs ip licensing certificate ip licensing definition disney ip licensing doj ip licensing guidelines ip licensing examples ip office server edition licensing easygroup ip licensing ltd easygroup ip licensing limited ericsson ip licensing easygroup ip licensing ip licensing fees licensing ip for video games licensing ip from university typical ip licensing fees ip licensing law firms ftc ip licensing guidelines fd ip & licensing llc fpga ip licensing ip licensing guidelines antitrust ip licensing guidelines 2017 ip licensing guidelines doj ftc ip licensing guidelines avaya ip office licensing guide ip licensing handbook ip licensing help ip licensing in china ip licensing in licensing ip international licensing ip international sarl licensing ip international s.àr.l licensing ip international sarl luxembourg strategic ip licensing inc tradax ip licensing limited quirky ip licensing llc vodafone ip licensing limited ip licensing advisors llc ip licensing manager ip licensing market size ip licensing meaning semiconductor ip licensing models ip office licensing model global ip licensing market ip licensing news nokia ip licensing ip office licensing avaya ip office licensing licensing of ip licensing of ip rights licensing of ip rights and competition law osgoode ip licensing ip licensing process ip licensing platform ip licensing ppt ip licensing pdf ip licensing presentation ip licensing program ip phone licensing ip licensing agreement pdf qualcomm ip licensing analyst qualcomm ip licensing quirky ip licensing qualys ip licensing ip licensing royalty rate ip licensing revenue ip licensing royalties licensing ip rights ibm ip licensing revenue cisco smart licensing ip range renesas ip licensing ip licensing strategy ip licensing seminar ip licensing services ip licensing agreement sample ip licensing term sheet ip licensing terms ip licensing training ip licensing types ip licensing trends ip licensing template licensing ip to companies ip licensing agreement template licensing ip uk ip user license big-ip license upgrade ip license agreement uk ip licensing agreement template uk ucl ip licensing course big ip ve licensing vectis ip licensing f5 big ip ve licensing vodafone ip licensing how does ip licensing work why ip licensing limited xilinx ip licensing licensing your ip ip licensing 101

Category Business

Comments

                     

IP LICENSING

IP LICENSING What is an IP licence?  A licence is a permission to do something that, without the licence, would be an infringement of IP. The person granting the licence is usually called the licensor, and the person receiving the licence is usually called the licensee. (There may be more than one licensor or more than one licensee in a licence agreement).  The terms and conditions on which IP is licensed are very varied  The licensor and licensee usually agree those terms and conditions by negotiation  The outcome of those negotiations will depend on the relative bargaining power of each side.  You are more likely to obtain favourable terms if you own IP which protects a significant and distinctive innovation or work than if the potential licensee has several equally attractive alternatives. Why might I license my IP or take a licence of IP?  Sharing Risk: Where a licensor licenses the right to manufacture and sell products, the licensor receives revenues from that licensing but does not take the risk of manufacturing, promoting and selling those products. On the other hand, the licensee has the right to use the IP without the expense and risk of the research and the costs of developing the product  Revenue Generation: An owner of IP may commercialise the IP itself and may obtain additional income by licensing the IP to someone else to commercialise it in a different field.  Increasing Market Penetration: An owner of IP may license another business to sell in territories that the owner cannot cover. Granting or taking a licence is not always appropriate. For instance:  A business, which has the ability to commercialise its own IP, may better achieve its objectives by keeping that IP to itself.  Businesses should be wary of licensing their IP in circumstances where the value of that IP may be diminished.  The prospective licensor may want to charge royalties that are too high and may restrict the growth of the business.  The IP to be licensed may be too weak – if a competitor could work round it and take away market share, it may not be worth investing in a licence.  The IP to be licensed may not be valid, for example where a patent is open to challenge or because the prospective licensor does not own and does not have the right to license the IP. Elements of Licensing Agreements  Licence terms:- The terms of any licence should always be recorded in writing and, until the licence agreement has been signed, all correspondence and negotiations about the terms of the licence should be expressed to be ‘subject to contract’, i.e. not binding. Recording the terms in writing involves being completely clear about what both licensor and licensee want to achieve and have agreed. The act of reducing an oral agreement to writing will often reveal misunderstandings which need to be resolved before the licence agreement is signed. What IP are you licensing ?  This could be a patent or material which is protected by copyright or a trade mark, or you may, for instance, be allowing the public or subscribers to download a wide range of materials of their choosing from your website.  You may be licensing more than one sort of IP; for instance some software and your logo or trade mark. If that is the case, you may want different rights and restrictions to apply to the different sorts of IP Who may use the IP?  The licensee may be a company, a group of companies, another type of corporate body, an individual or a collection of individuals, such as an English partnership.  However, some licences can cover entire enterprises and bind not only the company but also the users of its products  If you are granting a licence to a company make sure you quote its registered number in the licence agreement How IP may be used  Exclusive – only the person who is granted a licence, the licensee, can use the IP. The licensor is not entitled to use the IP.  Sole – only the IP owner and licensee can use the IP.  Non-exclusive – the IP owner may use and license to more than one licensee. Duration and termination  What the circumstances for termination might be, for instance a change of control or a failure to meet sales targets; breach of conditions or insolvency?  the licence indefinite or limited by time? You will need to check the duration of the IP. For example, a European patent lasts for a maximum of twenty years whereas a trade mark can last for perpetuity so long as it is periodically renewed Governing law and disputes  If entering into a licence with a party in a different legal jurisdiction you will need to determine which country’s laws should apply.  Do you have a mechanism for resolving disputes?  When licensing abroad it is advisable to also consider the cultural as well as legal characteristics of your partners. THANK YOU FOR YOUR TIME 