Issue link: https://htpgraphics.uberflip.com/i/116731
Other Licence Provisions Section 7 Any improvements which your licensee may develop which are not severable are commonly referred to as "non-severable improvements". If your licensee insists on owning its non-severable improvements, you may want to ask for a licence to use them. Alternatively you may be able to request an assignment of those non-severable improvements and offer the licensee a licence to use them in return, without infringing competition law. Again, check with your IP commercialisation organisation. Remember – provisions surrounding improvements can sometimes get a little tricky. Always contact your IP commercialisation organisation. Ensure you have the definition "improvements" drafted tightly to ensure wider research in the area of the licensed IP is not caught. Maintenance Who will be responsible for the maintenance of the licensed IP? If you rented out your flat or house, the chances are your tenant would expect you to deal and pay for the maintenance and upkeep of the property. This would probably be set out in the tenancy agreement. In the same way, you will need to decide whether you want to be responsible for maintaining your IP, for example, paying any relevant IP renewal fees, or whether you want the obligation to fall on your licensee. Details need to be set out in the licence. Beware – if you decide that you want your licensee to take responsibility, bear in mind that if it fails, for example, to renew a key registration, whilst you would be able to pursue it for breach of the licence agreement, it is unlikely you would be able to re-instate that registration. 50