FAQs about Intellectual Property

Licence agreements for intellectual property

A licensing agreement creates a partnership between the licensor (owner of the intellectual property rights) and the licensee (person that is allowed to use the rights) in return for payment (fee or royalty).The licensor can grant an exclusive license (licensee has the exclusive rights), non-exclusive (can be granted to many people), and sole license.

Usually the Technology, Trademark and Copyright License Agreements appear in the same licensing agreement.

The license gives the licensee and the licensor a range of possibilities in conducting their business. They can expand the business and ensure a steady income by selling, exporting or importing, and marketing various products which they may be prohibited from doing otherwise.

If the licensee or licensor wish to expand internationally, the intellectual property right should also be protected in the country of interest in order for the licensing agreement to be legally recognised.

Protecting a Trademark

The trademark becomes more valuable over time the more you use it. The value of the names and brands can only be protected by trademark registration.

If the trademark is not protected, someone else may take advantage of it or it may already belong to someone else and you could be building up goodwill in a trademark you do not even own.

Registering a trademark gives the owner special right to use the name and to prevent others from using it for similar business.

Important issues to bear in mind:

  • A trademark protects the brand name, or any sign or symbol that allows your customers to differentiate your business or goods from your competitors. You can register a name, logo, slogan or strap line.
  • The trademark must be distinctive. It must not be similar or identical to any mark that already exists for the same goods or services.
  • Consider applying for a registration of your trademark. It should be renewed every 10 years to keep it in force.
  • Trademark guarantees the quality of the goods

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