If you need a licensing agreement, it can be difficult to know where to turn for help. Especially with digital material, these days ownership rights can get confusing. You need to find a law firm that not only specializes in property rights and privacy, but that has the necessary experience to be an asset to your case. A licensing agreement allows you, or your company, to grant access of your intellectual property rights to others. Such intellectual property rights include patents, trademarks, and copyrights. License agreements serve many purposes, including the following:
- Establishing territorial manufacturing or distributing of products protected by your patents, trademarks, or copyrights;
- Licensing patents, trademarks, and copyrights from a holding company to an operating company;
- Settlement of a patent, trademark, or copyright infringement dispute; and
- Creating a patent pool, from which many entities in related fields can license patents, allowing competitors to operate in similar technological spaces without fear of infringing the patents of others.
In return for a licensing agreement to a patent, trademark, or copyright, the party granting the license often receives compensation. For example, Company A licenses a patent to Company B, and in return Company B compensates Company A for each manufactured unit of the patented product.
In essence, an intellectual property license is a contract. Thus, the license should include the elements that are important to most contracts, including the parties, term, termination, consideration, rights, obligations, and jurisdiction/venue for any disputes.