What Is A Licensing Agreement

Another important element of a licensing agreement defines the timing of the agreement. Many licensees insist on a strict marketing date for products that are granted to external manufacturers. Finally, it is not in the licensee`s interest to license a company that never markets the product. The licensing agreement also contains provisions relating to the duration of the contract, renewal options and termination terms. The issue of compensation is particularly important. Based on the ownership discussed in the license agreement, different payment models may be useful. The use of songs is usually offset by royalties, for example. In other words, the owner of the copyright to a song is paid for each time the song is played on the radio, in a bar or even by another group at a live event. Other models may be a flat fee or even a rate per year/month/week.

Partial agreements. In the licensing agreement, as with other types of contracts, there may be sub-agreements. For example, the licensee may require a confidentiality agreement to prevent the licensee from disclosing proprietary product features or processes to others. The taker may require the donor to sign a non-compete agreement to prevent the donor from breaking the agreement by allowing another person to sell the product in the exclusive territory of the taker. That is all that both sides want to add. Some license agreements contain confidentiality agreements such as .B. This clause would prevent the taker from disclosing proprietary information or processes. Most licensing agreements also deal with the issue of quality. For example, the licensee may enter into the contract conditions that require the purchaser to provide prototypes of the product, mockups of the packaging and even occasional samples for the duration of the contract.

Of course, the best form of quality control is usually achieved before the fact – by carefully checking the reputation of the licensee. Another common quality provision in licensing agreements is the method of disposing of unsold products. If stock items are sold as cheap knockoffs, this can damage the licensee`s reputation in the market. This section limits when and where the licensee can sell his or her property.

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Christoph