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Tuesday, 19 March 2019

Classify and explain the Licensing Agreement.

Explain practical aspects of Licensing.
Classify and explain the Licensing Agreement.

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Classify and explain the Licensing Agreement.
SOLUTION:
Licensing Agreement:
A Licensing Agreement is a partnership between an IP owner (licensor) & someone who is authorized to use such rights (licensee), in exchange for an agreed payment (fee or royalty).

Types Of Licensing Agreement:
A variety of such Licensing Agreements are available, which may be broadly categorized as follows:
  1. Technology License
  2. Joint Venture License
  3. Franchising OR
  4. Trade-Mark License
  5. Copyright License
  • In practice, sometimes all IP rights form the part of one Agreement.
  • These types of agreements are often observed in mergers & acquisitions, Joint ventures or take overs.
  • In the international context, a formal licensing agreement is possible only if the IPR licensor, who wishes to license, is also protected in the other country or countries of interest.
  • If IP is not protected in other country or countries then licensing in that country is not possible as licensor would have no legal right to put any restrictions on its use by any other party.

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