Issue link: https://htpgraphics.uberflip.com/i/116731
Other Licence Provisions Section 7 Can I terminate the licence prior to expiry of the term? Yes – If you include the right in your licence agreement. Typical reasons for termination: n breach of the licence n if your licensee is insolvent n if there is a change in control of the licensee and this results in the identity of the licensee changing to an entity with whom you or your institution does not wish to do business n if the licensee fails to commercialise the licensed IP fully n if the licensee claims that the IP is not valid After termination What happens after the licence has ended? The licensee has no further rights to use the licensed IP. Sometimes exceptions are made if the licensee has been producing products and has some product in stock to sell off or outstanding orders to meet. If the licensee has had confidential information you will want it to be returned or destroyed. Applicable Law What law should apply to the licence? It depends – you should remember that licences are often international in nature. You may want the law of the legal jurisdiction where you might have to litigate. For national rights such as patents, you may want to choose the law where the particular patent is registered. Sometimes you will have no choice. If you license in some countries, you have to use their law; it is a complex area on which you should seek advice. 53