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Becoming a licensor carries several risks such as not receiving adequate royalties, encountering non-compliance from licensees, and having limited control over how the invention is used. The Minnesota Invention Nonexclusive License Agreement can be a helpful tool in managing these risks effectively. By specifying terms and conditions within the agreement, you set clear expectations for the licensee, reducing conflicts. It's pivotal to focus on these areas to safeguard your innovations.
Licensing agreements are found in many different industries. An example of a licensing agreement is a contract between the copyright holders of software and another company, allowing the latter to use the computer software for their daily business operations.
Examples of licenses include a company using the design of a popular character, e.g. Mickey Mouse, on their products. Another example would be a clothing manufacturer like Life is Good licensing its designs and brand in a certain country to a local company.
A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner. A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.
In short, a patent license agreement is a legal contract created to define the terms under which a licensee may create, sell, and use a patented invention from a licensor (or patent owner). This agreement also spells out how royalties will be paid to the licensor/patent owner.
An exclusive license grants the licensee singular permission to exploit the intellectual property in question. No other entity, including the party granting the license (the licensor), is allowed to use the intellectual property covered by the license unless specific carve-outs are included in the agreement.
Exclusive license allows a licensor to share intellectual property with a licensee for a specific period of time that usually binds the licensor to not share the property with anyone else.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
Nonexclusive Royalty-Free License (NERF): a grant of rights to IP that allows the licensee to practice the IP rights without additional compensation. Some NERFs are limited to internal research purposes, meaning the licensee is limited to practice the IP rights solely in continued research and development.
A licensing agreement is a contract between two parties (the licensor and licensee) in which the licensor grants the licensee the right to use the brand name, trademark, patented technology, or ability to produce and sell goods owned by the licensor.