License for trademark,
patent and others

Patent, trade mark, design or plant breeder right give you the exclusive right to your idea. You may, of course, authorize other persons to produce or sell your invention or any part thereof for payment. The license allows you to make money on your own without spending large amounts of money on your own.

Granting / using a license

f you wish to grant to any person full or partial license related to your exclusive right, you must (as the proprietor) sign a licensing agreement with the licensee. There are a few things to keep in mind when setting up your license agreement. First of all, the area covered by the license and whether the license is exclusive or non-exclusive and, second, licensing fees. These include:

– the amount that the licensee will pay you when signing the license agreement; This amount reflects the costs incurred by Proprietor for inventing and obtaining protection;
– license fee – on average it is about 5% of the value or price of the product;
– a minimum annual license fee.

It is also important to establish licensing fees for territories not covered by the exclusive right covered by the license agreement. The terms of termination of the contract and mutual legal relationship between the licensee and the licensor should also be set after the termination of the contract. Finally, in the case of a patent, it is important to regulate in the licensing agreement the further development of the invention covered by the patent.

Here are some other important points when creating a license agreement:

Quality standards

The licensee’s  obligation of keeping up quality standards or other recommendations of the licensor.

Obligation to take appropriate action

The obligation for the licensor to take appropriate action in the case of infringements of exclusive rights or attempts to invalidate them; determining the role of the licensee in such cases;

Confidentiality

Option of granting further licenses (sublicenses)

Entry in the register

In the legislation of many countries the fact of entering (or not) the license into the register maintained by the authority granting exclusive rights results in legal consequences; Entering a license is generally in the interest of the licensee