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.

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.

Edith Moss

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