Licensing Procedures, The process of selling industrial property rights or intellectual rights under certain conditions and for a fee is called licensing. The person or institutions holding the patent must sign the contract within the scope of the licensing agreement and in the presence of a notary public; The inclusion of the subject transaction is called a patent license. In a sense, it can be said that it is a contract for the use of the rights obtained by patent. For patent transfer, a contract must be made between the patent owner and the person or institution that will take over. Then, registration is made in the patent registry and the patent transfer is realized.
A patent not only gives the owner the right to produce and use it, but also provides an income opportunity through the method of sale and use. The right to use granted by the owner of a patent is called a license. Licensing Procedures; It can be issued as an exclusive license or a non-exclusive license.
Unless the patent owner reserves his right under the exclusive license, he cannot use his patent himself, nor can he give others the right to use it. Within the scope of the non-exclusive license, the patent owner can use the patent himself or give this right to others. License agreements must be registered in the Turkish Patent Institute registry. If the inventor is compelled to make a license agreement with the authority originating from the law, this situation is called compulsory license.
License agreements provide income for companies that attach importance to their inventions by investing in R&D. License requests on patents are proof of how valuable that patent is and that it is industrially applicable. This is an indication that patent holders can actually create inventions. A commercial patent means an invention with high added value. Since patent licensing procedures are agreements that may create loss of rights, it is recommended to be made by proxy firms that are experts in their fields. The preparation of license agreements requires special expertise.
Licensing procedures, Patents are intangible assets owned by companies or individuals. They can be subject to transactions such as sale, inheritance, leasing, just like tangible or immovable properties. Among these transactions, the most frequently used transactions in the sector are patent license (leasing) and transfer (direct sale) transactions. Allowing a minimum of one organization to use both patent (and utility model) applications and proprietary inventions (and utility models) for a limited period of time can be subject to license agreements and sales transfer agreements (contracts). It is possible with a good strategy and application experience to make license and transfer agreements in a way that will be obtained with maximum efficiency for both the patent owner and the buyers or lessors.
Our AG Denetim company provides patent transfer consultancy services in terms of arranging patent licenses in a way that will provide rental income under suitable conditions in terms of patents and utility models or selling them under the most favorable conditions. The realization of these services, of course, must be made by considering the calculation of the patent value, license fees, license periods, violations of rights. Recording these transactions is within the scope of the service of our professional Patent Attorney AG Denetim.
How to Register Licensing
What is Required for Registration Licensing?, A licensing agreement to be made with the person or institution holding the patent rights must be signed in the presence of a notary public, and then entered in the Turkish Trademark and Patent Office’s registry records. As AG Audit, we do all this for you.
- License agreement (Notarized)
- Official documents of the licensee
- Language fee receipt
- Power of Attorney
What is Licensing?
Licenses provide access to global markets for brand, patent, design and intellectual property rights holders, and access to new technologies for developing countries.
- Patent and utility model rights, applications and confidential patents,
- Trademark rights, trademark applications, well-known brands,
- Designs, proprietary/non-registered, unregistered community designs may be licensed.
The issuer of licensing procedures does not necessarily have to be the owner of the intellectual property rights subject to the license agreement. As long as it has the right to license it. Licenses are basically divided into two as exclusive license and non-exclusive license. In the exclusive license, the licensor cannot use the license subject and cannot grant a license to another person. In the exclusive license, the licensor can use the intellectual property right that is the subject of the license agreement and grant licenses to others.
The most important feature of the exclusive license is that the licensee can bring lawsuits related to intellectual property rights in his own name. For example, if there is an infringement of the design right that he has licensed, then he can file a lawsuit against the infringement on his own behalf. However, if the license is not exclusive, in this case, in case of infringement, it warns the licensor to act accordingly, and if the right owner does not file a lawsuit within three months from this warning, he or she files a lawsuit on his behalf. In the non-exclusive license, the permission of the licensor or the expiry of three months is a condition that must be fulfilled in order to be included in the content of the case. In practice, lawsuits are filed before the three-month period passes, and either three months passes or the expected leave comes before the first session.
One of the biggest risks that the licensee may face in non-exclusive licenses is that the licensor grants a license to someone else on more favorable terms than himself. In order to prevent this, a provision may be placed in the license agreement and it can be decided that the favorable agreement will be valid if a more favorable license agreement is made with someone else.