License Agreement Esempio

Another subject that must be dealt with during the preparation and negotiation of the licensing agreements is the one on which the taker acquires the know-how that is transmitted to him by the licensee: acquisition of real estate or simple concession of use. The licensing agreement allowed Starbucks to promote brand awareness outside of its North American operations through Nestlé`s distribution networks. For Nestlé, the company has accessed Starbucks products and a strong brand image. The value of the brand can be positive or. Moreover, the purpose of the licence is never generally “know-how” (or, for this reason, the trademark or patent), but one or more of the operating rights that are the responsibility of the owner, the licensee who grants it precisely to the licensee (for example. B the manufacture, assembly, marketing of products granted to third parties, use by the licensee only for specific purposes and not for other transferred technical and technological knowledge or prior to the drafting of the text of a licensing agreement, it is then necessary to consider whether it is subject to certain legal provisions that cannot be derogated by the parties in order to avoid finding clearly satisfactory contractual solutions. , but totally unenforceable in practice, as they are not applicable in contradiction to the specific legislation in force in the country where the licensing agreement is to be implemented. , to be non-it. In general, the complexity of licensing agreements varies depending on whether the purpose of the licence is represented exclusively by the possibility of using an intellectual property right (patent, trademark) or whether it consists of a more composite body of knowledge (know-how). Although it is related to the use of proprietary software, it is also used to grant the license to use it under its terms for free software. For example, installing Firefox requires the adoption of the EULA De Mozilla Firefox.

The benefits of licensing can be viewed from two angles: licensees and licensees. the use of the term “licence,” License, the conventional name “licensing agreements” is traditionally used by Western commentators and operators in general, whereas in developing country legislation and in the mindset of local licensees, such contracts are commonly referred to as “technology agreement transfers,” where the focus seems to be more focused than on “concession” (a concept that implies the possibility of retraction and , in any event, some temporal efficiency) on the “transfer(which obviously involves the licensee). It is therefore no coincidence that, in many cases, licensing agreements negotiated with potential licensees from developing countries begin negotiations under the name of a contract to be adopted. From a more legal but purely factual point of view, the complexity of a licensing agreement is directly due to the complexity of the nature of the technological knowledge transferred and the technical and technological capacity of the licensee to immediately understand and exploit the know-how transmitted to it by the licensee. In a typical licensing agreement, the licensee undertakes to make intellectual property rights such as technology, brand name or licensee know-how available to the licensee.