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Saturday, December 23, 2023

 


ii. Copyright: To reproduce, distribute, display, alter

iii. Trademark: To be used in relation to distribution

The main headings included in licensing agreement described in Table 6.3.

Table 6.3: The headings in the licensing agreement

Name of headings Requirements

Definition of subject matter Plain english, short sentences and no abbreviations should be

and conditions used.

Avoid jargons

Avoid copy and pasting

The lifetime of legal Contractual period should be specified. It can be linked to

relationship, termination patent protection

The time for termination of license agreement should be defined

The forms of termination either forced termination by one party

or mutually agreed termination should be mentioned

Obligations to licensor Exact identification and communication of technology

information should be done.

The licensor should allow utilisation of technology as per

conditions specified

There will be an obligation of information

Rights of licensor The licensor have the following rights:

Have access to licensee's company books, commercial data

serving grounds for remuneration.

Check on if the licensee has made all necessary steps to prevent

confidential information to leak.

Liability details in case of accident or negligent disclosure.

In case of trademark:

Control use of the trademark

Control quality of product to which the trademark is assigned.

Obligations of licensee Required to comply with standards and specifications

Pay the license fees

Pay royalty

Prevent confidential information from disclosure

Proper use of the trademark in marketing and commercial

activities.

Make all efforts to achieve commercial success

Rights of licensee Exact identification and communication of the technology

information should be done from the licensor.

The utilisation of technology as per conditions specified full

right (as per conditions specified) on technology

Other clauses Disclaimer

Declaration

Risk liability

Waiver

Signature, date and place, etc.

102 Industrial Pharmacy II

License Agreement Checklist

It includes the following contents:

i. Title, table of content

ii. Parties detail

iii. Background, recitals

iv. Definitions and descriptions

v. Term of use

vi. Fees, royalties

vii. Terms of payment

viii. Schedules of reporting

ix. Diligence requirement

x. Records of accounts

xi. Life of agreement

xii. Type of agreement

xiii. Use of trademark, copyrights

xiv. Warranties and disclaimers

xv. Intellectual property rights protection, the conduct of prosecution

xvi. Export–import control marking

xvii. Applicable law and jurisdiction

xviii. Right to sue

xix. Liability

xx. Insurance

xxi. Notices

xxii. Waiver

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