Exclusive License Agreement

10.10 LICENSEE undertakes (i) to obtain all administrative approvals necessary for the manufacture and sale of licensed products and processes and (ii) to use appropriate patent marking for these licensed products. LICENSEE also undertakes to register or register this agreement, in accordance with the law or law in any country where the license is in force. On the other hand, a non-exclusive license gives the licensee the right to use intellectual property rights, but not exclusively. This means that the licensee can still exploit the same intellectual property rights and can allow other takers to benefit from the same intellectual property. In this scenario, it is not exclusively a “one and only” licence, but the licensee undertakes not to issue other licences with the same rights within the scope or scope of this agreement. The licensee may issue an unlimited number of licenses with different rights in the same field or licenses with the same rights in another field. The holder of an exclusive licence has the right to take legal action against anyone who violates the rights granted on the ground or within the scope of the agreement. A license can also take a balance between exclusive and non-exclusive. Such a license is sometimes referred to as “exclusive” and is a license in which the donor licenses more than one licensee, but accepts that it grants licenses only to a limited group of other takers. The group of licensees can be identified on the basis of name, description (a license is only granted to takers who meet certain criteria) or simply to the number (a limited number of licenses is granted by the donor). (c) to the extent that orders, invoices or other sales documents are shown separately, taxes levied on and/or other state taxes relating to production, sale, transport, delivery or use and paid by or on behalf of license or sub-licensing companies; and LICENSEE seeks an exclusive license in the territory for the practice of the aforementioned invention, which falls under PATENT RIGHTS in the United States and in certain countries, and for the manufacture, use and sale on the commercial market of products manufactured under this treaty, and that HARVARD has the authority to grant it to LICENSEE in accordance with the provisions of this agreement. The exclusive license gives the licensee the opportunity to invest in developing market potential, while a non-exclusive license gives the licensee the non-exclusive right to use the technology. Non-exclusion of a licence should deter the taker from investing in market developments.

This is because a licensee could sell licenses to the taker`s competitors as soon as the original purchaser has established a contract for the product. Whether a license is exclusive or not does not affect several other provisions of the licence, z.B.: Occasionally, particularly in cooperation with U.S. companies, a license may be expressed as “alone and exclusive.” Since these two terms do not necessarily mean the same thing, it is best not to press a license in this way. If a party insists that the licence be expressed in this way, it would be preferable for the agreement to expressly specify what it means. 5.1 Prior to the signing of this agreement, LICENSEE provided Harvard with a written research and development plan under which LICENSEE plans to commercially exploit the purpose of the licensing granted under this agreement after the implementation of this agreement. This plan includes sales forecasts and proposed marketing efforts. (f) If LICENSEE is unable or unwilling to grant sub-licenses, as proposed by HARVARD or a potential underlicensed or in any other way, HARVARD may grant a direct license to this potential licensee, unless such a license contrabs a sound and reasonable business practice, and the granting of such a license would not significantly increase the availability of such a license.