|
Joint Venture is one of the latest strategies that have been around since the 90s, and the purpose is for two parties to join in business to increase sales. The license is the rights of the joining party. In other words in order to sell a product the owner must have legal rights, which often include the license to sell. If the business owner manufactures and produces the product, then the company will have copyrights, patents, trademarks, etc to sell the product. The license has two pertinent considerations that you should review before agreeing to Joint Venture.
The all-inclusive scope of the license is constructive, i.e. the worth of the license decides the degree of JV licensee. If you are teaming up with a JV collaborator, e.g., one party will hold the license to a product, and if you have no rights to the product, it will prevent you from conducting business to your fullest ability. Thus, the underlying Intellectual Property (IP) bears a stronghold on the partners in Joint Venture.
The JV partners must clarify any information relating to the IP and its underlying sources, including how both the license holder and the licensee will utilize the information. Furthermore, the information will define clearly the rights retained by licensor. (Which is you?)
By this time you would have completed the due diligence process, which is the thorough investigation of the company, searching for copyrights, trademarks, patents, license, etc.
To help you find the information I will recommend that you visit the Internet and do a bit of research.
After the investigation is completed you will become aware that the IP owner either has full rights to give you licensee, or else if the JV partner has limited rights within the business. The terms then decides the validity and how long the license have existed, and will include renewal terms and start-up terms.
Goals is another issue that must be addressed. If you are joining in JV collaboration, you will need to have goals in line of your partner. You will also need an exact timeframe that you will reach those goals. The information should be delivered in length, and will include particular unforeseen event and objectives. JV collaborators should have agreements that include close monitored inbuilt limits pertaining to the Intellectual Property right and the transferring of the licenses. One example is licensors are limited to charges of royalty while utilizing patents past the date of expiration. Thus, if the joining in agreement with you maintains the registration of trademarks, you will have indefinite usage of the license.
The license territory decides the authority granted to the parties utilizing the business, deciding on the Intellectual Property and its underlying sources, including validity. The terms demand consistency according to the territorial direction. This is essential, since if the license the owner holds has global rights, you might find it problematical to use the rights of the IP license. To understand consider trademarks and copyrights that are protected, making it a rising global sharing both internationally and locally (US), in its procedures and agreement.
Patents are also protected nationwide in whole and spreads to a large range. For example, if the license holder has patents, and you want to conduct a transferring of the rights to an unapproved jurisdiction, the worth of the license is less, since it reduces your abilities to lay emphasis on the license further than the country of the US.
As you can see there is details in the Joint Venture arrangement, therefore become informed before joining in a venture. To learn more about License, Terms, Scope, Due Diligence, etc, visit the find law libraries.
|