Prepare the property first. If you are selling or buying a license for a product, make sure that ownership of that product is clearly stated in the agreement. Also, make sure that no one else uses the asset (z.B. a trademark) and that the trademark is registered or subject to copyright registration. You don`t want to enter into a licensing agreement and find out that someone else is questioning the property. This article describes the requirements essential to the success of the licensing agreement. Competent legal and tax advice is required before a licensing agreement is entered into in the United States. Partial agreements. In the licensing agreement, as with other types of contracts, there may be sub-agreements.
For example, the licensee may require a confidentiality agreement to prevent the licensee from disclosing proprietary product features or processes to others. The taker may require the donor to sign a non-compete agreement to prevent the donor from breaking the agreement by allowing another person to sell the product in the exclusive territory of the taker. Get a lawyer who has expertise in licensing agreements. These agreements are complex and situation-specific. Many lawyers know how to build a general contract, but they cannot know the details of licensing agreements. An intellectual property lawyer could be a good place to start. An example of a very common property contained in licensing agreements is the image of a cinematic superhero. Toy manufacturers will often allow it to sell action characters that are much more likely to be purchased if they are based on a popular superhero.
Another common example is the licensing of a song for an advertising campaign or for use in a movie. In the fast food market, there are a number of franchise-based businesses, where a franchisee holds the rights to the name, products and promotional material of the main company. The license. The license itself is described, with details on the time limits (one year?), the scope (U.S., global?) of the license, and the assertion of exclusivity. Details of what the licensee can do with the license (use, sale, sublicensing, distribution and export, etc.). Licensing agreements cover a large number of known situations. For example, a retailer could enter into an agreement with a professional sports team for the development, manufacture and sale of goods bearing the sports team logo. Or a small manufacturer could concede a production technology owning a larger company to gain a competitive advantage rather than investing the time and money to develop its own technology. Or a greeting card company can agree with a movie distributor to create a series of greeting cards that carry the image of a popular animated character. Licensing agreements should not be entered into without consultation with a lawyer. Indeed, each licensing agreement is generally individual, which also means that one should be wary of standardized or unwritten agreements. Licensing your company`s assets certainly has advantages, but be sure to consider these factors when creating a licensing agreement: this section limits when and where the licensee can sell their property.
The fact is that the licensee may be the only entity to sell this product or service in a specific area.