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Licence agreement
Blog 6 Aug 2019

"What is a licence agreement?"

In this rubric, the basics regarding Intellectual Property will be explained. #YouAskWeAnswer. We will now discuss agreements, our final subject.

If you do not wish to commercialise your patented invention, copyrighted work or registered trademark and/or design yourself, and if you intend to engage third parties, a licence agreement is your best option. While retaining your property rights, you give others permission to manufacture, use and/or commercialise your invention, work, trademark and/ or design under your terms. You agree that you will not invoke your rights against third parties and that, according to the conditions laid down in the agreement, these third parties will be entitled to make (limited) use of your invention, work, trademark and/or design. There is often mention of exclusive, non-exclusive and sole licence agreements. Although ‘exclusive’, ‘non-exclusive’ and ‘sole’ are not legal terms, in our field of expertise they mean the following:

  • Exclusive: the licensee is the only person (also with the exception of the patent or trademark proprietor, for example) who is entitled to use the patent, trademark, design, work, etc.
  • Non-exclusive: the licensor is free to grant other licences and he may also use the patent, trademark, design, work, etc. himself.
  • Sole: the licensee is the only licensee, however the licensor may continue to use the patent, trademark, design, work, etc.