Intellectual Property Licensing

 In Blog, Sharma, Vikas, Trademark Law

Types of Intellectual Property Licenses

This blog highlights the various forms of intellectual property licensing. If pursuing a license, the licensor should select one of the following manners in which to license their products: patent, trademark, copyright, or industrial design.

Sublicense

When deciding to license a piece of intellectual property the licensor should define the ownership rights and limit the rights to title and interest. One of the rights that may be assigned to a licensee is to sublicense the intellectual property. A sublicense provides the ability of the licensee to further license all of part of the rights granted to them. The licensor may wish to retain rights as to the approval and terms and conditions of the sublicense.

Exclusive License

An exclusive license gives the licensee the right to use the intellectual property to the exclusion of everyone else, including the owner.

Non-Exclusive License

A non-exclusive license provides the licensee the right to use the intellectual property, but not to the exclusion of anyone else.

Sole License

A sole license provides the licensee the right to use the license along with the licensor.

3 Licensing Considerations

  1. Licenses provide certain rights to the licensee grounded in the manner in which they wish to use the product. The license may provide for the sale, use, import, or manufacturing of the product.
  2. Once the rights of the license are defined, the licensor must turn their attention to the territory in which the licensee may exercise their rights. The territory may be within North America, the world, or any defined location as set out in the license agreement.
  3. The licensor should define the field of use for the intellectual property. The field of use may be set out for academic use, commercial use, or any other form the licensor may wish to include. For example, based on the type of license used the licensor may wish to keep the license for academic use which allows a corporation the opportunity to use the intellectual property for commercial use.

For more information about intellectual property and other licensing options, contact the team at Brown Beattie O’Donovan.

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