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PATENT LICENCE AGREEMENT

PATENT LICENCE AGREEMENT. Economic scope: economy of scale. Legal sources: Lanham act, customs, Civil law At the core: invention – protection of legal-legalized monopoly of INVENTOR PL contract transfers /conveys the results of invention from the LICENSOR to LICENSEE

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PATENT LICENCE AGREEMENT

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  1. PATENT LICENCE AGREEMENT

  2. Economic scope: economy of scale • Legal sources: Lanham act, customs, Civil law • At the core: invention – protection of legal-legalized monopoly of INVENTOR • PL contract transfers /conveys the results of invention from the LICENSOR to LICENSEE • 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 NEW • 2. TRADE MARK – protected sign ( Logo- Brand) • 3.INDUSTRIAL DESIGN • 4.KNOW HOW ( Not: matematical formula,games, computer programme, infomations, commercial knowledge) • Alternative: consultancy agreements • Marks of geographical origin of product or service • Layout – design of integrated circuits

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

  5. Exclusivity scope and kinds • 1. Exclusive licence –non exclusive • Nonexclusive 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 states • Limitations of Liocensor to give to somebody else on the same area. • Paralel licensee • 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 • Area: 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 / title

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

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

  9. Licensee of trademark. • - indpendently or together with petent • -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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