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You may be interested in starting a new business, expanding an existing business (extending your territory or the nature of business) or improving the quality of the goods or services of your SME and thereby its market position. In many situations, licensing of intellectual property rights is an effective tool for achieving these business goals. A licensing agreement is a partnership between an intellectual property rights owner (licensor) and another who is authorised to use such rights (licensee) in exchange for an agreed payment (fee or royalty). A variety of such licensing agreements are available, which may be broadly categorised as follows: Technology License Agreement In practice, all or some of these agreements often form part of one single contract since in transfers of this nature many rights are involved and not simply one type of intellectual property right. You may also come across licensing agreements in other circumstances, such as, during a merger or acquisition, or in the course of negotiating a joint venture. All of these mechanisms either on their own or in
combination will provide your SME, as a licensor or licensee, a wide variety
of possibilities in conducting business in your own country or elsewhere.
As an intellectual property owner and a licensor, your SME can expand
its business to the frontiers of your partners' business and ensure a
steady stream of additional income. As a licensee, your SME can manufacture,
sell, import, export, distribute and market various goods or services
which it may be prevented from doing otherwise. Technology Licensing If your SME is interested in: improving the quality of your product or manufacturing
a new product by using the rights owned by others in the form of a patent,
utility model, or know-how protected by a trade secret, then acquiring
such rights through a technology licensing agreement may be the right
solution, or By a technology licensing agreement the licensor authorises the licensee to use the technology under certain agreed terms and conditions. It is, therefore, a contract freely entered into between two parties and contains terms and conditions so agreed. Joint Ventures A joint venture may consist of any variety of business relationships that involve two or more enterprises pooling their resources with the objective of implementing a common business purpose. Often, in such agreements, one party will contribute technology or know-how of which he is the proprietor and the other party may contribute financial and expertise of his own to the project. The joint venture will, therefore, often include a license agreement concluded by the parties concerned to regulate the use of the proprietary information and compensation for its use. Franchise or Trademark License Agreements If your SME is interested in: marketing a product or service and the brand (trademark)
of that product is owned by others, or Copyright License Agreements If your SME is interested in: |
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| Business Insight Central Library, Chamberlain Square, Birmingham. B3 3HQ Tel: 0121 303 4531 Email: business.library@birmingham.gov.uk www. birmingham.gov.uk/businessinsight www.bestforbusiness.com |
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