5 novembre 2022

Legal Definition of Exclusive Licensee

Posted by under: Non classé .

Occasionally, and especially when working with U.S. companies, a license may be expressed as « unique and exclusive. » Since these two terms do not necessarily mean the same thing, it is best not to express a license in this way. If a party insists on expressing the license in this way, it would be preferable for the agreement to explicitly state what the clause covers. A much less common form of license is a single license. This usually means that the license is exclusive, except that the licensor also reserves all rights to exploit the intellectual property. Licensor is not entitled to grant any other sublicenses. While this is the generally understood meaning, if that is the intention of the parties, it would be preferable for them to explicitly state in the agreement the extent of the rights of each licensor and licensee. An exclusive license means that no person or company other than the named licensee may exploit the relevant intellectual property rights. It is important that the licensor is also excluded from the exploitation of intellectual property rights. If the licensor wishes to pursue an activity covered by intellectual property (e.g. a university licensor wishes to continue its research) or if the licensor has already granted intellectual property rights, the exclusive licence must explicitly state that it is subject exclusively to such spin-offs. An exclusive license agreement covers a license limited to a specific domain or subject, such as a market, territory, duration, or context.

3 min read Non-exclusive licenses can ultimately be more lucrative and beneficial to the licensor in the long run. Non-exclusive licences leave more flexibility in the number of licences granted, while the licensor may retain the rights to further develop and exploit its own intellectual property. Non-exclusive agreements tend to lend themselves well to intellectual property that can be happily used by many parties and/or does not require serious investment. An exclusive licensee of one or more of the exclusive rights shall be deemed to be the owner of those rights. As the owner, the exclusive licensee may take legal action for infringement of these rights. On the other hand, a non-exclusive licensee is not considered the owner of the copyright and therefore cannot bring an action for infringement of copyright in the work by others. There are several differences between exclusive and non-exclusive licences that relate to the holder`s standing and written requirements. The exclusive rights of a copyright owner may be exclusively or non-exclusively. An exclusive copyright license is a license where ownership of one or more rights is transferred by the copyright holder.

A non-exclusive copyright license exists when the owner retains ownership of the copyright and/or can license the same right to others. A non-exclusive license grants the licensee the right to use the intellectual property, but means that the licensor is free to use the same intellectual property and to allow an unlimited number of other licensees to also use the same intellectual property. G`day, my name is Michele! I work with start-ups, entrepreneurs, and small and medium-sized businesses across the country in a variety of industries. I help them with all their daily legal needs. These include business creation, mergers and acquisitions, drafting and reviewing contracts, employment, sale and acquisition of assets, as well as sales of businesses or withdrawals of shareholders. I am half Australian, half Italian and have lived in America for the last 20+ years of my life. I`ve lived all over the United States, graduated from high school in the Deep South, graduated from Washington University in St. Louis and Laude from Georgetown University Law Center.

After law school, I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left the company to become general counsel and vice president of an incredible industry-changing startup called Urban Mining Company (UMC), which makes rare earth permanent magnets. I now work for Phocus Law, where I lead our practice, which focuses on entrepreneurs, startups and SMEs. I love what I do and I would like to help! My goal is to provide stress-free, enjoyable and high quality legal advice to all my clients. Being a good lawyer is not enough: the client experience must also be excellent. But work is not everything, and I like my free time. I have been an avid traveler since my parents put me on a plane to Italy when I was 9 months old. I`m also a music nut and I`m always looking for the perfect client to be explained why Dark Side Of The Moon is the best album ever. Growing up in a remote and beautiful corner of Australia, I feel a strong connection to nature and love being in the elements.

A license can also strike a balance between exclusive and non-exclusive. Such a license is sometimes referred to as a « co-exclusive » license and is a license in which the licensor grants a license to more than one licensee but agrees that it only grants licenses to a limited group of other licensees. The group of licensees can be identified by name, description (a licence is granted only to licensees who meet certain criteria) or simply by its number (a limited number of licences are granted by the licensor). For start-ups, the exclusive licensing of a patent is more desirable and valuable than owning the patent, as it represents significant capital investments for a start-up. Office buildings are also a significant capital investment for a startup, but no startup typically owns its office building. Even if the building is mortgage-free, they would take out a mortgage on the property to free up capital. Ultimately, there is no one-size-fits-all approach to the issue of licensing exclusivity. Each company must decide whether an exclusive licensing agreement is worth paying a higher price or whether it would be sufficient to obtain guarantees of limited competition in a particular geographical area or industry, often at a much lower price. My professional interests are corporate transactional law, including corporate formation and mergers and acquisitions, as well as real estate law, estate planning law and intellectual property law.

I am currently licensed in Arizona and Pennsylvania after moving to Phoenix in September 2019. I am currently general counsel of a bioengineering company. I handle everything from mergers and acquisitions, private placement memoranda and amending articles to intellectual property assignments, employment law and contract settlements.

Comments are closed.