Inventions, copyrights, patents, and trademarks are often part of complex subject matter that must comply with pertinent laws. License agreements, be it a patent license agreement or trademark license agreement, can be quite confusing. An inventor who wishes to protect an invention, however, must be familiar with what the terms infringing, copyrighted, patented, or trademarked mean in legal terms. Seeking legal advice from a Washington, D.C. IP attorney will help make this easier.
What this article will cover are:
– IP licensing terms and conditions
– Obligations of licensors and licensees
– The need for reliable Washington, D.C. IP attorney
IP licensing terms and conditions
Avoiding intellectual property infringement and violating intellectual property rights should be a priority for business owners. However, this can be difficult with the numerous types of intellectual property that could be covered by a licensing agreement. Rights could be infringed unknowingly, so extra caution is important when granting and making use of licenses.
An individual licensing right from another or an individual who agrees to grant a license contract for a set period of time must know what is allowed and prohibited under valid license terms. Both licensor and licensee must exercise utmost diligence and shall not do anything unauthorized under relevant statutes, especially if third parties are involved. Licensed products, for instance, must be pursuant to laws covering license agreements. Keep in mind that the other party may opt to sue you for infringement disputes arising from invalid or disregarded license agreements. Both parties want legal protection, and no party wants to get sued.
Obligations of licensors and licensees
Any product or service that is registered with the United States Patent and Trademark Office (USPTO) is protected material, and any use of wordings, graphics, or product components is covered by the legal aspects of the licensing contract. Licensors and licensees should consult with a Washington, D.C. IP attorney who is knowledgeable about the copyright act to know what not to infringe or to avoid IP infringement entirely.
Understanding intellectual property and copyright laws is important to avoid accidentally infringing upon the trademark and patent rights of another. A violation of copyright law, trademark law, or patent law could lead to lawsuits that are costly and time-consuming. Failing to take infringement concerns seriously could lead to financial losses, even if violations were not intentional.
The need for reliable Washington, D.C. IP attorney
Get legal help before you draft, distribute, sign, or terminate any document related to intellectual property. When drafting or accepting a non-exclusive or exclusive license agreement, you must first know what is implied and what must expressly be stated in the document. A reliable intellectual property law attorney can help you negotiate and clarify limitations on the right and license to use any intellectual property right.
Take for instance a licensing arrangement that is not perpetual in nature. Clauses on termination or expiration, renewal terms of the agreement (after it is terminated), and indemnification must be included in the negotiation. Another crucial aspect of the license grant that must be clarified would be royalties or license fees. Some royalty rates, for example, are fixed while some are based on net sales, which can either be an advantage or a limitation given merchantability and market factors.
Dealing with any of the above (or the more complex third-party software license agreement and end-user license agreement) is not something you should take lightly. For copyright infringement issues, for patent infringement concerns, or anything in connection with trademark infringement, give us a call. Contact us at War IP Law, PLLC to consult with a trusted Washington, D.C. IP attorney.