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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;
    • sublicensing;
    • term;
    • applicable territory;
    • auditing and books and records;
    • infringement;
    • 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.

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