The license to make money (checklist licenses)

Turn your protected intellectual property into money: With a license agreement, you can allow third parties to use your trademarks, patents, designs and copyrights. As the licensor, you retain the right to the intellectual property and at the same time receive royalties.

What can I license?

For example, patent, trademark, design or copyright. Depending on the subject matter, license agreements must necessarily be adapted to the specific needs. For example, is the license right exclusive, so you want to grant it to only one licensee? In addition, there is the simple license (several licensees and yourself as licensor) and the sole license (only one licensee and yourself as licensor). Take your time and don't just adopt ready-made contract templates. The law does not prescribe anything, but it is recommended in any case to conclude the contract in writing.

Use against fee

Describe exactly which property right you are granting to whom for use, to what extent (in which countries), for what remuneration and under what other conditions (with or without obligation to use). Clearly record the beginning, duration and termination of the contractual relationship. In return for the use, the licensee has to pay a fee (flat rate, percentage of sales or profit, or mixed form).

Warranty

As the licensor, you are liable if the licensee is allowed to dispose of the right and this infringes the rights of third parties. Limit liability if necessary.

Secrecy

This is important at all times: secrecy must be agreed on confidential matters for the time before the contract is concluded, during its validity and after its termination. The right to use shall remain under the control of the licensor. Signing a non-disclosure agreement (often referred to as NDA) prior to license negotiations reduces the risk for both parties of valuable information leaking to third parties.

Defend property right

Require the licensee to defend the IP right used. After all, he benefits from your innovation. Therefore, also place the order for market surveillance.

The checklist as PDF and further information can be found on the
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