Technology License Agreement India

The termination clause of a license agreement usually contains in India provisions relating to the termination of the contract after the bankruptcy of one of the parties. Therefore, at the time of negotiation and conclusion of a license agreement, the licensee must ensure that its rights and interests are protected in the event of bankruptcy of the licensor. In the international context, a formal licensing agreement is only possible if the intellectual property right to be granted is also protected in the other country or countries, and if the intellectual property is not protected in one or those other countries, ownership would not be allowed and there would be no legal right to enforce its use by other persons. The licence may include a prohibition on the licensor and the licensee in the legal systems in which they operate; the same depends on the contractual conditions. The exclusive licensee has the right to take legal action for any infringement of the patent committed after the date of the license (section 109 of the Patents Act 1970). The non-exclusive licensee also has the right to appeal for infringement of the patent committed after the date of the licence, provided that the patent owner refuses or refrains from initiating proceedings within two months of its revocation (section 110 of the Patents Act 1970). Indemnification for intellectual property infringement provides the customer with limited protection against claims by persons who are not parties («third parties») based on allegations that the customer`s use of the licensed software violates the third party`s intellectual property rights (for example. B copyrights, patents and trade secrets). .

Sobre el Autor: Luis