If you own a patent, a trademark or any other type of intellectual property you can license it to a third party in exchange for royalty payments and other benefits using a License Agreement (“Contratos de Concesión de Licencia de Uso”).
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These types of agreements require careful negotiation over the following terms:
- rights granted;
- license restrictions;
- exclusivity of license;
- license duration;
- applicable territory;
- auditing and books and records;
- indemnification provisions;
- representations and warranties;
- confidentiality provisions; and
- dispute resolution provisions.
Our Commercial Law Practice Group can negotiate and draft all types of licensing agreements including, but not limited to:
Patent Licensing Agreements (“Contratos de Concesión de Licencia de Uso de Patente”):
Many patent holders typically don’t have the business background or distribution network to easily manufacture, market and/or sell their own inventions. License agreements allow patent holders to monetize their inventions without an outright sale.
Trademark License Agreements (“Contratos de Concesión de Licencia de Uso de Marca”):
Trademark holders may want to license their trademarks in connection with a variety of transactions including franchise agreements, distribution agreements and clothing manufacturing sale agreements.
Copyright License Agreements (“Contratos de Concesión de Derechos de Autor”):
Copyright holders license visual/artistic designs, paintings, movies, songs and other artwork. The process to licenses copyrights is similar to trademark licenses.
Trade Secrets/Knowhow License Agreements (“Contratos de Concesión de Licencia de Uso de Secreto Industrial o Commercial”):
Many business owners own additional intellectual property that has not been registered with relevant governmental agencies. These can also be licensed to third parties via a formal Licensing Agreement.