Drafting and negotiation of license agreements
Several types of contracts exist in intellectual property matters, which participate in the life of your business and pertain to your intangible assets: patents, industrial designs, trademarks, domain names, know-how, works protected by copyright, software, etc.
The licensing agreement is one of them and as Intellectual Property attorneys, we are capable of assisting you in negotiating with your partners or opponents, in proposing draft licensing agreements suited to the case in question, in monitoring the agreement throughout its execution, in ensuring that it is lawfully executed.
What need does the licensing agreement meet?
It is a contract that manages the question of the exploitation of your intellectual property rights, whatever they may be: patent, trademark, design, software, know-how, etc. during their life cycle.
What does a licence consist of?
The holder of an intellectual property right grants to a licensee, by a contract (he/she rents out), the right to use this right in whole or in part. The licensee may use the IP right of the owner to execute his/her activity.
In return, the licensee pays a financial compensation to the IP right holder.
The intellectual property right may be granted as a licence, in whole or in part.
It may be a licence for manufacturing, marketing, use, etc.
The assignment contract must, among other things, mention:
- the identification of the parties
- the specific designation of the assigned rights
- the exclusive or non-exclusive nature of the licence
- the territory concerned
- the financial compensation
- the duration of the licence
- the terms of cancellation and renewal
- the obligations of the parties.
It is strongly recommended to make all licensing agreements in writing.
We are at your side to advise you and assist you in all these processes.
In addition to our expertise in intellectual property, we also rely on our knowledge in obligations law, tax law, competition law, right to privacy and personal data protection.
Don’t hesitate to consult us.