This type of agreement allows Harvard researchers starting a new business to easily license non-patentable, copyrighted software they have developed as part of research efforts led by professors. In cases where there are patentable elements such as unique algorithms, please read the model “Basic Exclusive License” agreement published above. Harvard also offers option agreements for companies considering licensing a Harvard technology. An option agreement allows a company to “retain” a technology for a short period of time, during which it can further assess its potential or raise funds for product development without committing or committing Harvard to meet the obligations arising from a licensing agreement. Options typically last from six months to a year and typically require both an initial fee and a refund of the patent process for the duration of the option. A license for Harvard`s own patent rights is subject to conditions similar to those set forth in the form agreements in the links below. Some terms may be modified to reflect unique aspects of each situation. In particular, financial conditions are determined based on the technology to be licensed, the licensee`s business model and market standards in the industry in which the licensee operates. In 2015, Apple Inc. and telecommunications equipment provider Ericsson entered into a global licensing agreement that ended a year-long patent dispute between the companies. Without this agreement, the owner of valuable intellectual property would not be able to make money from that intellectual property or control how intellectual property is used in the world. And individuals and businesses that need some intellectual property to grow their business or make a living may not be able to access it.
Harvard offers certain materials (usually biological research material) for commercial purposes on a non-exclusive basis. Some materials, such as mice. B, are usually offered on a lump sum basis or with fixed annual payments. others, such as hybridoma cell lines, also include royalty-based payments. Standard contracts for both types of hardware licenses are listed below. If you own a patent on a useful technology, if you have a copyright in a popular photo, if you have filed a special image, or if you own another invention or creative work that you want to make money with, you will need a license agreement. This Agreement allows you to set the terms of everything related to that particular IP and to protect your proprietary rights, including how Licensee may use the IP, who may sublicense the IP, the price of the license for the IP, and the length of time Licensee may use the IP. For examples of confidentiality agreements, material transfer agreements or research cooperation agreements, please visit our Examples of Agreements page. The following standard license agreement contains an agreement between licensor Valerie J Toups and licensee Matthew K Jordan. Valerie J Toups agrees to allow Matthew K Jordan to use the Licensed Intellectual Property in accordance with the terms and conditions set forth.
Access to Harvard`s innovations should be as easy as possible. Our licensing agreements are fair and appropriate, and OTD`s experienced staff will work with you to help you achieve your business goals. To give you an idea of how these licenses take shape, we are happy to provide you with a number of examples of agreements illustrated here. If you have any questions about these samples, please contact us. Model license agreement with exclusive patent rights An exclusive license gives the licensee the exclusive and unique right to use the intellectual property – even the licensor cannot use the intellectual property. Once a licensor grants someone an exclusive license, no further license for that intellectual property can be granted to third parties. Still confused? Check out this helpful article from Inc. on the basis of the license agreement. A license agreement is a document used by the owner of a certain form of intellectual property – such as a logo, photo or song – to give permission to another person to use that property.
The Agreement defines how Licensor (the party that owns the property) grants Licensee (the party using Licensor`s property) the license to use its property. This type of agreement is used in situations where the creator of the intellectual property agrees that someone else will use their property, but ultimately wants to retain their rights to the property and be compensated in exchange for the license. This is different from an intellectual property release, where the owner of the property assigns all of their rights to the work and does not receive continuous compensation, known as royalties, in exchange for granting permission. A single license grants the licensee an exclusive license, but the licensor retains the right to use the intellectual property. Although Licensor does not grant additional licenses, Licensor may continue to use the intellectual property and all previous licenses may remain in effect. Global Access Note – The development of technologies derived from Harvard`s patent rights can lead to licensed products that could result in significant public health benefits in developing countries. Harvard, through its participation in Allied for Essential Medicines Universities, is committed to promoting affordable access to these products in developing countries. To fulfill this obligation, we may need conditions similar to those in the link below in the exclusive licenses of this potentially effective technology. A license agreement is a legal document between two parties – the licensor or the person who owns the intellectual property (IP) and the licensee or person who obtains a license to use the intellectual property.
Licensor may own a copyright, trademark, patent, service mark, trade secret, know-how or other intellectual property. Last but not least, the parties can agree on how the licensee will compensate the licensor in exchange for permission to use the property by paying royalties. Royalties can be calculated in a variety of ways, including a one-time lump sum, a certain dollar amount paid for each unit of an article containing the licensed work sold by the licensee, or a percentage of the total net sales of items made with the licensed work sold by the licensee. The parties may also indicate when the royalties will be paid and what type of documentation the licensee must provide to the licensor when explaining how the amount of the royalties was calculated. This document can be used when a person wants to use intellectual property that they do not own. Conversely, this document can be used by someone who wants to give another person permission to use their intellectual property. This document allows the parties to determine the duration of use and use of the property. For example, the parties may determine the right to use a trademark or the right to sell or distribute intellectual property for a certain period of time. Notice of Products Offered by Third Parties – In the case of an exclusive license granted in some or all of the domains, licensee may initially focus on a limited number of products or uses of the licensed technology. To support Harvard`s mission to promote the common good by commercializing Harvard`s proprietary technology as much as possible, Harvard may include provisions similar to those in the following link to encourage a licensee to develop products offered by third parties or to sublicense the licensee`s rights in Harvard`s patent rights to that third party. to enable the development and commercialization of additional products.
A non-exclusive license grants the licensee a license to use the intellectual property, but the licensor is free to also use the intellectual property and license to whomever it wants. Therefore, many parties may have licenses for the same intellectual property at the same time. In 2014, Microsoft sued Samsung, claiming that Samsung had missed an estimated license fee of more than $1 billion. There are a number of different fees that you may charge for your intellectual property: Alternate names for the document: Art License Agreement, Artist License Agreement, Artwork License Agreement, Copyright License Agreement, Exclusive License Agreement The parties must describe the work to be licensed in as much detail as possible, including information on the quality of the work provided by Licensor to Licensee for use by Licensee. For example, the agreement may provide that licensed digital images are made available to the licensee in a certain format, size or dpi. The parties may then include information as to whether the license is exclusive (Licensor does not license other third parties to use the Property in the same way) or non-exclusive (Licensor may grant similar licenses to other third parties), the geographic area in which Licensee may use the Property, and whether Licensee is authorized to change ownership, to create a so-called derivative work. Your license agreement may contain only one or a combination of these payment methods. By using a license agreement, the owner of the intellectual property can make money while controlling how their property is used and distributed around the world. In addition, people who are granted a license can use other people`s intellectual property to develop their own business or earn a living while protecting themselves from claims of intellectual property infringement by defining the terms of use of the property. .