PPS AG


Licensing

Licensing


Licenses, franchises, and technical joint ventures are mechanisms for buying, selling, and leasing technology, intellectual property, know-how and trade secrets.  In contrast to a plain transfer of rights, the owner of the rights, (the Licensor), retains his ownership on the monopoly despite of granting permission to make, use, and/or sell a product, a process, a design or perform actions to a third party (the Licensee).

Agreements for such co-operation must comprise a balance of mutual interest, based on fairness to all parties.  During the life span of a contract many conflicting situations will arise.  Such disputes can only be solved if both parties remain interested in working together.



Copyright 2003 by PPS Polyvalent Patent Services Ltd., Geroldswil/Switzerland


Negotiations  &  Contracts



Negotiations & Contracts

When one party makes a proposal or drafts a contract the following question should always be asked:  "Would we accept the same contractual clauses if we were approached from the other side?"  If this is not the case, our best advice is to tear the drafted contract to pieces and to start drafting again from scratch.
 
Copyright 2003 by PPS Polyvalent Patent Services Ltd., Geroldswil/Switzerland

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