Give and take ... Sharing brings "economic benefit" ... when licensing agreements are concluded which entitle you to use the IP rights of others (i.e. those who are strong in knowledge grant those who are economically strong the privilege of commercially exploiting IP rights). Both of them benefit.

Licensing agreements can be concluded in relation to patents, utility models, trade marks or designs and even for confidential know-how. The latter must in that case really be confidential, must be contractually defined and must also be "of significance" in the licensed technological field.

The various types of licences range between single and exclusive licences. The holder of a single licence is entitled to use the object of the licence along with the licensor and other licensees. The exclusive licence entitles the holder to exclude all other entities (businesses) - and usually also the licensor himself - from using the object of the licence. The licensor acquires a licence fee set out in the licensing agreement.

When selling or obtaining a licence, certain things need to be considered, emerging from the licence fee to the territory covered by the licence (domestic, Europe or world), and including spedific embodiments as licensed items in the licensing arrangement and how the licence is defined and agreed between an exclusive and a single licence.

Last updated 12 August 2013