Skip to content

Intellectual Property and Licence Agreement – Marketing and publicity clause

If you are drafting an Intellectual Property Licence Agreement you should consider including a marketing or publicity clause that covers the issues of marketing the intellectual property, proper attribution and whether the Intellectual Property Licence Agreement will be publicly announced.

Purpose for the licence

As a licensor (the person who owns the intellectual property), or licensee (the person who is using the intellectual property), you should also include in great detail the purpose for the licence or project for which the material is being licensed. For example, you could be collaborating on a project which requires an Intellectual Property Licence Agreement. You may also consider including an Intellectual Property Licence clause within a Joint Venture Agreement, Development Agreement or Client Agreement if you are going to be licensing considerable intellectual property during these business relationships. The purpose for which the material can be used is likely to define how the parties will be marketing any associated products and whether or not they would like the licence to be publicity announced.

Use of the licence material

As a licensor, you may like to have some input into how the licensed material is used. This provides you with the opportunity to work with the licensee on marketing the product associated with the licensed intellectual property, as well as defining where they can use the licence in line with the territory set out in your agreement. The licensor may also have particular requirements in the way in which the products associated with the licensed material are marketed, including subscribing the use of particular fonts or colours and the use of trademark registration symbols. You can also define how the material should be used by the licensee. For example,  you can request that the image or material you license them is not altered, tampered with or interfered with.

Continue reading this article below the form
Loading form

Public or confidential?

You should include any details in respect of publicising the Intellectual Property Licence Agreement or if you would like it to be kept confidential. Depending on the industry in which you work, it may be an opportunity for the licensee to promote that they have access to your materials or for both of you to promote a collaboration.

Licensee obligations

As a licensor, it is important that the licensee meets their obligations in relation to using your intellectual property, particularly where it may reflect on your existing brand or identity. As a licensee, it is important that you understand your responsibilities in relation to using the intellectual property in marketing. You should also make sure that you are aware of third party rights and other intellectual property issues to ensure that you do not infringe third party intellectual property rights, overseas or in other territories.

Conclusion

The lawyers at LegalVision have extensive experience drafting Intellectual Property Licence Agreements for all types of businesses and industries with a variety of marketing and publicity requirements. Our IP Lawyers also have experience assisting with other intellectual property issues such as registering trademarks or patents. We can draft a thorough Intellectual Property Licence Agreement which will protect your interests, whether you are a licensor or licensee. If you’re in need of legal advice, contact LegalVision on 1300 544 755 and speak with one of our experienced IP Lawyers.

Register for our free webinars

ACCC Merger Reforms: Key Takeaways for Executives and Legal Counsel

Online
Understand how the ACCC’s merger reforms impact your legal strategy. Register for our free webinar.
Register Now

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now
See more webinars >
Edith Moss

Edith Moss

Read all articles by Edith

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards