The Licence – the Basics
Section 5
Q. Does a licence have to be in writing?
A. Whilst it is not essential for all types of licence to be in writing, it
is always advisable to put them in writing so that the nature and
extent of the rights which have been granted are clear. It is far easier
to point to a provision which is written in black and white than rely
on something you have said during a conversation. If there is ever a
dispute in the future, it could end up with one word against another.
Let's now take a look in more detail at the specific provisions you would
want your licence agreement to contain. Set out below is an example of the
structure of a typical licence agreement. You may want to refer to this as to
see how the provisions discussed below usually fit in sequence and to
get some more tips. Your institution's commercialisation team will have
template licence agreements, so you could also request a copy of one of
those if you want more details.
Example of Licence Structure
PARTIES
Ensure the Licensor(s) and Licensee are correctly identified, with
company numbers, where companies.
n
BACKGROUND
Set the scene of how the IP was created; how the IP is being licensed
and for what purpose.
n
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