Christian, Glynna K. “Joint-Ventures: Understanding Licensing Issues.” The licensing newspaper. October 2005. An example of a licensing agreement in the restaurant industry would be that a McDonald`s franchisee has a licensing agreement with McDonald`s Corporation that allows them to use the company`s branded and marketing materials. And toy manufacturers regularly sign licensing agreements with movie studios and give them the legal authority to produce action characters based on popular similarities of movie characters. The analysis of the impact of the compromise clause in Microsoft`s end-user licensing agreement – from the point of view of Chinese consumers [J]. Qisheng, Q. S. H. (2007). International Law Review of Wuhan University, 2, 008. The author of this section discusses the impact of the compromise clause on the final beneficiary of the licensing agreement. The author uses Chinese consumers as a case study in his work.
Because of the legal basis they have to cover, some licensing agreements are quite lengthy and documents complex. But most of these agreements cover the same fundamentals. These include the scope of the agreement, including restrictions on exclusivity or territories; financial aspects, such as necessary advances, royalties and royalty calculations; Guarantees for minimum sales Calendars with “on-the-market” dates, contract duration and renewal options; the lessor`s rights to quality monitoring and control, including procedures to follow; Minimum inventories that need to be maintained and returns and allowances. Examples of licenses are available in many different sectors. An example of a licensing agreement is an agreement between software copyright holders to a company, which allows it to use computer software for their day-to-day activities. Another common element of licensing agreements is the party that retains control over copyrights, patents or trademarks. Many contracts also contain a provision on territorial rights or distribution in different parts of the country or the world. In addition to the various clauses included in the licensee protection agreements, some licensees may add their own requirements.
They may insist on the guarantee that the licensee owns, for example, the property`s property rights, or they may insert a clause prohibiting the licensee from directly competing with the property granted in certain markets. Commercial assets are the most commonly licensed assets. All types of commercial resources can be granted, although licensing covers most intellectual property rights such as copyright, patents and trademarks. Digital assets such as brands and applications are generally licensed. Each licensing agreement is unique and these agreements vary by type (copyright, trademark, patent, etc.). In general, you will find these sections in most licensing agreements: the benefits of licensing can be viewed from two angles: licensees and licensees. Most licensing agreements also deal with the issue of quality. For example, the licensee may enter into the contract conditions that require the purchaser to provide prototypes of the product, mockups of the packaging and even occasional samples for the duration of the contract. Of course, the best form of quality control is usually achieved before the fact – by carefully checking the reputation of the licensee.
Another common quality provision in licensing agreements is the method of disposing of unsold products. If stock items are sold as cheap knockoffs, this can damage the licensee`s reputation in the market. Technology transfer license agreement for technology development in Indonesia, Mochtar, D.A. (2016). Social Sciences, 11 (24), 5958-5962. This paper discusses technology and its positive contribution to the economic benefits of a country through improved living standards, human dignity and civilization.