Ip License Agreement Checklist

The periods of consideration of the checklist are relatively involved and can be reduced if the equity is not part of the payment of the license. Royalties, milestone payments, currency type, key exchange rates and equity ownership issues are mentioned here, as is the issue of annual minimum payments, which are particularly important for an exclusive licence. The exact delivery language must be indicated. These include intellectual property rights under which the licence is granted: patent law or the right to know-how or both and exclusive right, exclusively with the licensee or not exclusive. This section should also define the concept of exclusivity and/or non-exclusivity and specify whether this right is irrevocable; and if there is a right to sub-licensing. Each organization will notice that it tends to do business in a certain way, and may find that some grant language combinations are used repeatedly. In this case, this section can be easily modified with respect to the specific requirements of the organization. 7. Injury issues. Consider the extent to which the licensee ensures that the property granted does not infringe the rights of others. All guarantees and disclaimers must be detailed. Is the licensee also required to take action against offenders, or is such a measure optional? Should the taker be required to notify the licensee of the violation? If the licensee`s ownership is successfully challenged, will the fees payable be reduced? Should the parties have the right to terminate the licence? Some basic insurance and guarantees should be provided by each party to the other party, such as the possibility of concluding this agreement.

B, the validity of intellectual property and a standard exclusion from the warranty. These and others are listed below. Royalties (exclude) revenue from the sale or use of a licensed product or process. A license is considered personal to the licensee, especially in the case of an exclusive license. The licensee chooses the taker for many reasons and refuses others for many reasons. In addition, an exclusive licensee may be interested in taking a license from a particular licensee, not another. In these cases, the right to transfer a licence may be prohibited or, at the very least, severely limited to “only with the permission of the unsigned party.” Non-exclusive licenses are generally more open to granting, especially when there are many licensees.