Licensing Agreements

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License your Intellectual Property

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A licensing agreement is essentially a legally binding agreement that gives the licensee the authority to use the licensor’s intellectual property. This includes the brand name, trademarks, patented technology and ability to produce and sell goods authored by the licensor. These types of agreements are often used by licensors in order to commercialise their Intellectual Property.

The licensee will in most cases pay an upfront fee, followed by royalty fees.

What are the advantages of a licensing agreement to the licensor?

A licensing agreement allows the licensor to reach new markets and geographical locations without having to worry about distribution. They can also generate passive revenue through royalties. The licensor can also gain the skills and expertise of the licensee.

What are the advantages of a licensing agreement to the licensee?

For the licensee, a licensing agreement allows them access to already established intellectual property. The licensee doesn’t have to seek resource to conduct research and development for the development of their own products or services.

How can Freeman Harris help y0u with a licensing agreement?

We are very knowledgeable in the field of licensing and intellectual property. We can assist you in the correct manner at a fee that suits.

If you have a licensing agreement dispute or would like us to provide advice on drafting a contract, please contact us, and we will outline the service we can offer, and the associated costs.

Our Legal Team

Ian Freeman

Ian has a great understanding of IP matters and licensing to assist clients with their needss.

Talha Fazlani Talha has been working as a Paralegal assisting a range of departments with their research, drafting and correspondence.
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Licensing Agreements FAQ's

Can my copyright be transferred?

Yes, if the license has been allowed to be transferred or sub-licensed with or without the licensor’s consent. Rights do not need to be transferred together, where an assignment or other transfer of copyright may be partial.

Can my copyright be assigned?

Yes. An assignee of the copyright has, unless otherwise agreed, full powers as owners. They can change as they wish, without infringing the author’s moral rights. The assignee should, where possible, secure a transfer ‘with full title guarantee.’

How should I write an assignment?

The assignment must be in writing and signed by, or for, the assignor, and if it related to future copyright, take the form of an agreement. 

What should I consider when getting a license?

You should consider the exclusivity, the transferability, the territory, the duration and determination, the payment, the purpose, the modifications or improvements allowed, and the warranties. 

What are the formalities for licenses?

They do not need to be in writing and may be implied by the course of dealings, only requiring the minimum to secure parties’ intentions. However, if it is an exclusive license of copyright, it must be in writing and signed by or for the owner. 

Can I transfer a copyright that is still in the works?

Yes, depending on the local position of jurisdiction. Future copyright is a transfer including copyrights that do not yet exist. Some areas do not recognize this, however, the ability to assign future copyright.

Does each party need to agree 100% for the license?

Yes. The copyright license needs every party to agree to have each part of the license be aware to everyone.

Do the fees, prices, and expenses need to be stated in the license?

Yes. There must be an agreement and understanding without question of who is paying the costs for what; whether it is a fixed fee, commercial rate or royalty; if there will be an advanced payment; and the process in general.

Does a license protect the licensee from infringement?

 No. The licensor will want to maintain ultimate control over the enforcement of the rights against the third parties where an infringement is identified. The licensee must make sure to abide by the guidelines written in the license and does not go against the stated agreement.

How specific should the License be?

It is important to set out in sufficient detail what the licensee is licensed to do. It should be immediately obvious to a reasonable third party. Use a schedule for very specific limitations.

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Licensing Agreements Fees

ServiceFeesVATTotal
Licensing AgreementsFrom £800£160From £960
Licensing Agreement Review£450£90£540

Contact us to discuss licensing your intellectual property