Licensor represents and warrants that it is the sole and exclusive owner of all right, title and interest in the letters patent [COUNTRY] above and that it has the right to grant the exclusive right, license and privilege granted in this Agreement; that it has not signed an agreement that conflicts with this Agreement; and has not granted to any other person, company or entity any rights, licenses, purchase rights or privileges granted under this Agreement. It is often necessary to include post-termination provisions in license agreements. These may include: the steps that each party must take at the end of the agreement; obligations and actions that cease and will continue upon termination of the Agreement, and whether or not there is a difference, depending on whether or not the Agreement terminates upon expiration or by proactive termination by either party; a discussion of what happens to the confidential information and the ongoing work of the parties; financial reporting requirements for all items under development; or final accounting rules and payments between the parties. A lawyer can help you decide which post-termination terms are appropriate for your license agreement. Authorised products/processes should be specifically defined as licensed products or licensed processes. If only certain types of inventions are covered, inventions should be defined and referred to as inventions; The patent number and/or licensed patent application number must be indicated. Vague or incomplete definitions can make it difficult to decipher your license agreement. Export regulations are important in stores where technology is exported from the United States. All exports must comply with U.S. export control laws and regulations.
Other countries may have laws that deal with the same issue or the registration of the final agreement with the government. In some cases, one or all parties do not want their name to be used in connection with licensed products that are advertised or sold, as this may indicate that the licensing institution is recommending those products. If this is the case, this should be stated in the agreement. It is necessary that the person drafting a license agreement has a good technical understanding of the intellectual property itself, as well as of the commercial agreement considered by the parties with regard to intellectual property rights. For example, there may be a case where only a very simple license agreement is required, which concerns a single patent belonging to the licensor. On the other hand, it may be necessary to establish a number of agreements that may provide for licenses relating to patents and trademarks and, even, in certain circumstances, third-party consents of third-party intellectual property rights holders necessary to grant the licensee a fully effective license. A lawyer can help you determine the scope and complexity of your agreement. These sections deal with how to deal with previous violations committed by the licensee; if the intellectual property of third parties is infringed, how such infringement is handled and if there is recovery for the infringement, how will it be divided between the Licensor and the Licensee.
Compensation by the Licensor of the Licensee for exercising under the intellectual property rights is also covered. A good lawyer can help you clearly describe these details in your license agreement! The assignor sells, transfers, transfers and transfers the amount of its right, title and interest in the patents to the assignor for the entire term of the patents and any new edition or extension and for any term of patents, new editions or extensions that may result from foreign applications, divisions, sequelae in whole or in part or requests for replacement, which are filed in favour of patents. The right, title and interest conferred by such assignment shall be retained and assessed by the assignee and the assigns as completely and exclusively as the assignor would have had had it not been for such assignment. Harvard also offers option agreements for companies considering licensing a Harvard technology. An option agreement allows a company to “retain” a technology for a short period of time, during which it can further assess its potential or raise funds for product development without committing or committing Harvard to meet the obligations arising from a licensing agreement. Options typically last from six months to a year and typically require both an initial fee and a refund of the patent process for the duration of the option. A simple contract does not need to include a section dedicated to definitions, as definitions can be presented when special terms first appear, but a complex document should include all definitions in a section to facilitate the interpretation of the contract. For example, if the agreement refers to a “corporation,” does the term “corporation” refer to the corporation and all of its affiliates, the corporation and all of its subsidiaries, or only the parent company itself? Access to Harvard innovations should be as easy as possible.
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