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Wednesday, 01 March 2017 10:59

Licence & sales agreements

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Before entering an agreement with another party in regard to buying/selling or licensing an IP right, it is important to have previously agreed its conditions. In other words, a written contract should be concluded before any substantive commitment is made.

General information on finalising sales and licensing agreements from the Danish Patent and Trademark Office (DKPTO) is available here, and from the United Kingdom Intellectual Property Office (UKIPO) here.

The European IPR Helpdesk has also published a dedicated fact sheet on IP licensing, which analyses the most relevant issues related to technology licensing-in, giving readers an overview of the preliminary steps and practical suggestions to follow in order to get prepared for future negotiations. The fact sheet can be downloaded here.

However, please note that the information on these pages cannot replace professional advice. Before entering a defined agreement, you should therefore consult a patent attorney to ensure that the contract suits your specific situation.The European IPR Helpdesk’s guide on "10 steps to find a suitable IP professional" can be of help in such a case.

For universities and companies that wish to undertake collaborative research projects with each other, the UKIPO has developed the so-called Lambert toolkit. The objectives of the toolkit are to:

  • facilitate negotiations between potential partners
  • reduce the time, money and effort required to secure agreement
  • provide examples of best practice

The toolkit consists of:

  • a decision guide
  • 7 model research collaboration (one to one) agreements (1-6)
  • 4 consortium (multi-party) agreements (A-D)
  • heads of terms and variation agreements for both collaboration and consortium agreements
  • guidance notes

The model agreements are starting points and their use is not compulsory. Each model agreement envisages a different set of circumstances and are not sector specific, allowing for flexible use. However the model agreements can be adapted to meet the particular circumstances of your project.

Read 749 times Last modified on Monday, 27 November 2017 10:36
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