HTP Graphics

Licensing

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Types of Licence? Section 4 Reasons why you may want to grant a sole licence? You do not have the capacity, be it financial or technical, to commercialise the IP alone, but you want to retain the ability to also use the IP. (This can also be done through an exclusive licence in which the exclusive licensee grants you back a non-exclusive licence). n You still want to retain a certain level of control over the IP. n n There are no other market players who would be suitable to work with or the licensee would not invest in commercialising the IP if there were other licensees. Reasons why you may want to grant a non-exclusive licence? n There is more than one party capable of commercialising the IP. n If you are unsure whether the first party to whom you are licensing is in fact the best option. You need complete freedom to grant licences to whomever you wish. n If the IP does not need further development and is in a readily usable form, for example, a piece of software, a CD Rom or an on-line package. n n If you are unsure about the potential value of the IP and what can be done with it, you may want to offer the opportunity to a number of players to evaluate and work with the IP. If you are granting an exclusive or sole licence you will definitely want some obligations on the licensee actually to commercialise the IP. Ideally this would be through some minimum sales provisions (see Section 6 – Payment Provisions). If you have granted an exclusive or sole licence, you might include a provision whereby if minimum sales figures have not been paid or targets are not reached then the licence becomes non-exclusive. 22

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