1 chapter 17 licensing copyright © nelson australia pty ltd 2003

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Chapter 17

Licensing

Copyright © Nelson Australia Pty Ltd 2003

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Outline

1. The nature of licensing arrangements2. Types of licences3. Technology transfer agreements4. Trademark licence agreements5. Celebrity and character licensing agreements

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17.1

The nature of licensing arrangements

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What is a licence?

• A contractual arrangement whereby the owner of intellectual property (the licensor) grants to another party (the licensee) the right to use the intellectual property (IP):• in a particular place• for a particular time• for a particular price• subject to particular conditions.

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What is a licence?

• The licence may be:• Exclusive – No other person may use the IP

in that territory.• Sole – The licensor can also use the IP in

that territory.• Non-exclusive – The IP can be licensed to

other persons in that territory.

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17.2

Types of licences

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Types of licences

• Technology transfer agreements• Trademark licence agreements• Celebrity licensing agreements• Character licensing agreements

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17.3

Technology transfer agreements

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Technology transfer agreements

• The licensor grants a licence to the licensee to establish a manufacturing facility for the purpose of producing a product using the licensor’s technology.

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17.4

Trademark licence agreements

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Trademark licence agreements

• The licensor grants to the licensee a licence to use the licensor’s trademark in connection with the distribution of a product or the performance of a service.

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17.5

Celebrity and character licensing agreements

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Celebrity and character licensing agreements

• A celebrity or the owner of a character grants a licence to use their name and likeness in connection with the distribution of a product or the performance of a service.