Be sure to see Grant Back`s provisions in the agreements to ensure that the effects are fully understood. Yes, yes. The trademark holder and authorized users can initiate infringement proceedings. It is not necessary to appoint an exclusive licensee for the licensee to take legal action for violation. Given the inconsistent legal requirements that apply to different types of intellectual property, it is necessary to decide on the creation of an IP holding company. Documentation on the transfer of intellectual property to the company and all intellectual property licenses also requires special attention. It is essential to regularly review contractual agreements to ensure that intellectual property can be protected and defended in the event of a breach. Chris Bevitt, Partner Since the holding company would “retain” all significant assets such as cash and intellectual property, it is still a separate entity from the operating or trading company. All you need to do is make sure that all of this is defined in an Intercompany license agreement.

An IP license in its simplest form is an agreement in which an ip owner (the licensee) authorizes another person (the licensee) to engage in activities that, without the IP license agreement, would violate the IP-related licensee`s rights. It is a written agreement that gives the right to do something that would otherwise constitute a violation of another person`s intellectual property rights. All parties must therefore know exactly what has been conceded, to whom and on what terms. IP licensing agreements are not always obvious. Many general agreements between companies may include IP licensing terms, z.B.: Understand the restrictions – they are clear and what are the consequences for the business often, if you are considering the best structure for your business, you would be asked to register a business. Lately, however, more and more companies are looking for new ways to structure their operations. It is the structure of the alternating company that comes into play. Intellectual property holdings are often used in large multinationals. An intellectual property holding company is created to hold all or most of a group`s intellectual property.

The group`s existing intellectual property is attributed to the company by other members of the group with current agreements to ensure that future intellectual property is also owned by the IP holding company. No no. Only the patent holder and the “exclusive licensee” can initiate infringement proceedings. However, for a variety of reasons, it is possible to create a separate company that is only responsible for the management of intangible assets, including trademarks. It is a “holding company” and trademark holders should be aware of the potential benefits and pitfalls when a holding company has its own brand values. As part of this licensing agreement, the holding company authorizes this ip to the operating or trading company (or “licenses”. In this way, the holding company continues to hold this intellectual activity, but the operating company can use the investigation period for the necessary daily operation. Who bears the exam fees? It is possible, for example.B.

to agree that if audit findings are more than 5% “under-reporting”, the licensee must cover the audit costs, but to ensure that the operating company has the right to use the holding company`s assets, there must be a legal document between the two companies to formalize the agreement.