In other cases, there may be a “partial” termination. B for example, if the licensee is not the result of a defect in the licensed product and the artist refuses the authorization, but several other licensed products have been successfully approved and put on the market. You can terminate a licensed product, but confirm the contract for the rest. If you are a developer or a company that offers licensing agreements, defining the type of licensing agreement and how the license can be terminated is key. As you`ve learned, not all licensing agreements work the same, and neither of them are ever the same. An experienced lawyer can help you understand what type of licensing agreement is most beneficial to the software or technology you offer. Exclusive contracts, non-exclusive agreements, indeterminate contracts, subscription contracts and futures contracts may not be as simple. Before trying to terminate the license agreement, it is important to first verify the terms of the agreement. If there is a termination or retraction clause, you will receive valuable information about the timing, whether the license agreement can be terminated and how. There may be only certain conditions that would trigger the possibility of dismissal.
Both parties to the licensing agreement have obligations and rights that must be respected. Failure or support of these obligations could constitute a violation, but it is always imperative to read the agreement to find the termination clause. The minimum annual licence fee should be the amount the patent holder wishes to make to be satisfied with the contact. In the event that the purchaser is unable to obtain sufficient sales to exceed the minimum annual licence, the licensee must continue to pay the minimum annual licence or the patent holder has the option of terminating the licence. The patent holder could withdraw from the contract if the minimum annual licence is required. The minimum annual licence is a minimal benefit that the patent holder is willing to accept for the maintenance of the licence. Below is a short list of common types of licensing agreements. It is not an exhaustive list, you can see that we do not address the type of licensing agreement that you have established in this letter or in which you are involved.
If we do not discuss the type of licensing agreement you have or if you only have questions about terminating a licensing agreement, call Larsen Law today at 303-520-6030 to agree on your first free consultation. If the licensing agreement is submitted exclusively to a licensee and the licensee does not act as it claims during the negotiation process, it would be a bad agreement, since the patent holder would have to accept meagre results and because of its exclusivity, the patented technology could not be granted to others.