A license for patent rights held by Harvard is subject to conditions similar to those provided in the form agreements in the links below. Some concepts can be changed to take into account the clear aspects of each situation. In particular, financial conditions are established on the basis of the technology granted, the licensee`s business model and the market standards in the sector in which the taker operates. An IP license in its simplest form is an agreement in which an ip owner (the licensee) authorizes another person (the licensee) to engage in activities that, without the IP license agreement, would violate the IP-related licensee`s rights. It is a written agreement that gives the right to do something that would otherwise constitute a violation of another person`s intellectual property rights. All parties must therefore know exactly what has been conceded, to whom and on what terms. IP licensing agreements are not always obvious. Many general agreements between companies may include provisions for IP licenses, z.B.: 10. General “Legalese.” “Standards” (but still important) contractual clauses, including the right to “power” (the law applicable to the licensing agreement); The rights of the IP owner and the taker to the assignment of the licence agreement; events that constitute a “change of control” of a party (for example.
B a sale or bankruptcy) and the consequences of a change of control; and the separation of contractual clauses. If a license is revokable, you can prevent the licensee from using the IP at any time during the term of the license and you can terminate the contract if necessary. However, if the license is irrevocable, you cannot refuse your permission to use the IP. In this sense, the licensee is less limited. However, you can terminate the license in accordance with the license agreement. This type of agreement allows Harvard researchers who are creating a new licensed business without difficulty to copyrighted non-patentable software that they have developed as part of the faculty`s research efforts. In cases where there are patentable topics such as unique algorithms, please read the “Exclusive Basic License” agreement model published above. It may be advantageous for a company to have a holding company holding all of the intellectual property and other assets in a business. The objective is to establish a licence for a commercial enterprise exposed to litigation or risk.
The entity`s assets are better protected when the business entity is exposed or liquidated, named or liquidated by the director. This is because they are in a different legal entity than the trading company.