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Licensing

Licensing may involve all area of intellectual property and different legal doctrines and issues will arise in each of these types of transactions.
The primary business issues that need to be resolved may include:

  • Licensing  The exclusivity or non-exclusivity of the license
  • Licensing  The duration of the license
  • Licensing  A reasonable royalty rate and up front royalty payments
  • Licensing  The licensed field of use
  • Licensing  Territory covered
  • Licensing  Enforcement issues
  • Licensing  Performance triggers
  • Licensing  Warranty issues and representations

Legal issues will also need to be covered in the text of the license agreement. For example, what representations and warranties will the licensor provide? What audit rights will the licensor have? What level of efforts must the licensee exert to promote the licensed property? How should the parties allocate any legal expenses associated with enforcing intellectual property rights (or defending against claims of infringement)? How does the licensor assure itself that the licensee's quality control is adequate?

 

 
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