But what about the use of this substantive intellectual property by the other entities involved in the collaboration? 6. Royalties. The amount of royalties that the licensee must pay to the IP holder, the terms of payment, the liability for taxes, and the IP owner`s reporting and audit fees to the licensee. And it`s not just about IP license terms. This may include intellectual property provisions. Regardless of the type of agreement, it is imperative that the company or organization accepts the intellectual property terms it contains and fully understands what it has agreed to before signing such an agreement. (by Donal O`Connell, IPEG consulting firm, visit www.ipegconsultancy.com). 4. Confirmation. The recognition by the parties of the exclusive rights of the owner of the intellectual property and the agreement of the licensee not to contest these rights.
When a company is considering licensing its intellectual property, there are many considerations to consider. First and foremost, a license is a contract. This is an agreement between the licensor (the person or company that owns the intellectual property) and the licensee (the person or company that wishes to use the intellectual property). The Agreement describes the appropriate measures that each party should take with respect to the Intellectual Property and summarizes in more detail the type of legal action that may be taken in the event that licensee infringes the Licensor`s intellectual property. The license agreement is drafted in such a way that an objective third party is able to adequately interpret and recognize the respective rights and obligations of the contracting parties. A license for Harvard`s own patent rights is subject to conditions similar to those set forth in the form agreements in the links below. Some terms can be changed to cover unique aspects of each situation. In particular, financial conditions are determined based on the technology to be licensed, the licensee`s business model and market standards in the industry in which the licensee operates. Notice of Products Offered by Third Parties – In the case of an exclusive license granted in some or all of the domains, licensee may initially focus on a limited number of products or uses of the licensed technology. To support Harvard`s mission to promote the common good as much as possible through the commercialization of Harvard`s proprietary technology, Harvard may include provisions similar to those in the following link to encourage a licensee to develop products offered by third parties, or to sublicense the licensee`s rights in Harvard`s patent rights to that third party.
to enable the development and marketing of additional products. .