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PATENT LICENCE AGREEMENT. Economic scope: economy of scale Legal sources: Lanham act, customs, Civil lawLegal sources: Lanham act, customs, Civil law.

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Presentation on theme: "PATENT LICENCE AGREEMENT. Economic scope: economy of scale Legal sources: Lanham act, customs, Civil lawLegal sources: Lanham act, customs, Civil law."— Presentation transcript:

1 PATENT LICENCE AGREEMENT

2 Economic scope: economy of scale Legal sources: Lanham act, customs, Civil lawLegal sources: Lanham act, customs, Civil law At the core: invention – protection of legal- legalized monopoly of INVENTORAt the core: invention – protection of legal- legalized monopoly of INVENTOR PL contract transfers /conveys the results of invention from the LICENSOR to LICENSEEPL contract transfers /conveys the results of invention from the LICENSOR to LICENSEE RIGHT TO EXPLOIT the OBJECT of the contract which can be:RIGHT TO EXPLOIT the OBJECT of the contract which can be:

3 Intelectual property rights: 1 PATENTS legaly protected – registred invention which is tecnically feesible and applicable and NEW1 PATENTS legaly protected – registred invention which is tecnically feesible and applicable and NEW 2. TRADE MARK – protected sign ( Logo- Brand)2. TRADE MARK – protected sign ( Logo- Brand) 3.INDUSTRIAL DESIGN3.INDUSTRIAL DESIGN 4.KNOW HOW ( Not: matematical formula,games, computer programme, infomations, commercial knowledge)4.KNOW HOW ( Not: matematical formula,games, computer programme, infomations, commercial knowledge) Alternative: consultancy agreementsAlternative: consultancy agreements Marks of geographical origin of product or serviceMarks of geographical origin of product or service Layout – design of integrated circuitsLayout – design of integrated circuits

4 Functions of the Trademark - identification /diferentiation- identification /diferentiation -warranty of quality-warranty of quality Market force:means of competitionMarket force:means of competition Celebtity trademarkCelebtity trademark

5 Exclusivity scope and kinds 1. Exclusive licence –non exclusive1. Exclusive licence –non exclusive Nonexclusive can be exploited also by licensor and licensor can give licence to other subject in the same areaNonexclusive can be exploited also by licensor and licensor can give licence to other subject in the same area 2. Territorial scope of exploitation: cam be on the whole area of state, region, more states2. Territorial scope of exploitation: cam be on the whole area of state, region, more states Limitations of Liocensor to give to somebody else on the same area.Limitations of Liocensor to give to somebody else on the same area. Paralel licenseeParalel licensee Limitation of paralele import not prohibited if there is a paralel PATENT!Limitation of paralele import not prohibited if there is a paralel PATENT!

6 1. Obligations of LICENSOR - 1: Sole and exclusive owner who grants to the licensee (exclusive) right and license to MANUFACTURE, SELL and USE…. Inventions patented- 1: Sole and exclusive owner who grants to the licensee (exclusive) right and license to MANUFACTURE, SELL and USE…. Inventions patented Area: through out the Croatia – country and its territoriesArea: through out the Croatia – country and its territories 2.Warranties that he is the sole and exclusive owner and has right to grant entire right / title2.Warranties that he is the sole and exclusive owner and has right to grant entire right / title

7 3. Warranties thet patent can be executed and exploited –fitness for purpose warranties3. Warranties thet patent can be executed and exploited –fitness for purpose warranties 3. ROYALITIES percentage from sale3. ROYALITIES percentage from sale 1-2 % for consumer /luxury products 5 an more % industtrial products1-2 % for consumer /luxury products 5 an more % industtrial products 4. FEE lump sum bas price of licensee4. FEE lump sum bas price of licensee Statments of saleStatments of sale

8 LICENSEE: -Exploit patent in accordance with the contract, description of Patent, instructions-Exploit patent in accordance with the contract, description of Patent, instructions.exploitation of subsequent inovations of contracted.exploitation of subsequent inovations of contracted - Keeping business secreets- Keeping business secreets

9 Licensee of trademark. - indpendently or together with petent- indpendently or together with petent -provided that the technology is also conveyed which warranties the same quality-provided that the technology is also conveyed which warranties the same quality Terms of duration -definite time ( 2 years ) after which expiration Becomes concluded on INDEFINITE time NOTICE in writing


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