If you own valuable intellectual property assets, you may benefit from allowing others to use your IP. This can be done with a licensing agreement, which gives the licensee the right to use the agreed assets for the purposes stated by the licensor. For example, if you’ve designed a new product, but you don’t have the facilities to manufacture the product, you may licence the design to another company that can.
Alternatively, you may be the holder of the rights to a piece of art, music, or even literary, film or TV characters. Consider how popular comic book superheroes have become huge film franchises in recent years, with the IP used in toys, clothing, promotions, and much more. None of this would be possible without licensing agreements.
Given the scope for your IP to be used in ways you could never have imagined, it pays to seek the advice of an expert licensing agreement lawyer. Such arrangements can be complex. Licensors need to ensure their rights are protected, whilst licensees need clarity on what, where and how they can use the IP.
Whichever side of the licensing agreement you’re on, our team can help. We offer free initial consultations to everyone: big, small, new, and old. Get in touch to discuss your requirements today.
“Wonderful service. They were quick, responsive, informative and very professional, delivering our contract ahead of schedule. So happy to have found a solicitor who knows the creative industry so thoroughly and is such a pleasure to work with. Really looking forward to working with them again in the future.”
– Liberty Greetham
If you’re considering commercialising your IP or licensing someone else’s, our team are here to ensure you get the right advice from the start.
We’ll advise on everything the licence agreement needs to cover, including levels of exclusivity, pricing, and safeguards, along with whether the underlying IP is properly protected prior to licensing.
Our experts can draft a licensing agreement on your behalf, ensuring the complexities of the arrangement are fully accounted for and each side is properly protected.
We’ll ensure the terms are compliant with FRAND (Fair, Reasonable and Non-Discriminatory), suit both parties, and comprehensively cover the intended usage of the IP.
Sometimes, a party may wish to negotiate the terms of a new or existing licence agreement.
We can handle any negotiations on your behalf or advise on the best course of action to overcome obstacles in the negotiation process. We can also amend and refine the agreement following negotiations.
We are recognised as a “leading firm” by the Legal500 for our specialism in IP Law, which includes licence agreements.
We offer a free consultation to discuss your case before any fixed fee quotes are given.
With offices in the UK and the Republic of Ireland, plus a global network of associates, we can support you all over the world.
We offer an industry-leading service with short turnaround times and business-focused advice.
There are different types of licensing agreements.
Agreements can be categorised by what’s being licensed. For example, a patent licence will usually provide the licensee with the right to manufacture and distribute a product on the inventor’s behalf, whilst a broadcasting licence may provide the right to stream certain events, like sport.
Alternatively, agreements can be categorised by the terms of the licence. For example, with an exclusive licence, only the licensee can use the rights. With a non-exclusive licence, the licensor can licence the IP to more than one party. And with a sole licence, both the licensee and licensor can use the IP, but no one else.
The terms of a licensing agreement are active for as long as stipulated in the contract unless there’s a reason to end the agreement early. The length may range from a set term, such as a month (this is common in subscription software), to a lifetime.
As a minimum, a licence agreement should cover:
Our lovely team of intellectual property specialists are always on hand with expert advice. We’re here to bring creative solutions to the problems you’re facing, big or small. Find the key contacts for this area below, or follow the link to meet the rest of the team.
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