Jul 28, 2023 09:23
10 mos ago
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English term
Accuracy, expertise & creativity
Native in: French 
Works in: English to French, Portuguese to French
syntax issue
English
Other
Law: Contract(s)
patents License
Hello,
In a Patent license agreement :
Licensor shall be entitled to double the royalties, in the event Licensee or any of its Affiliates, a partner in a joint venture, refuses to license Licensor or any of its Affiliates under its patents relating to the manufacture and sale of xxx Bulbs, on conditions comparable to those contained in this Agreement, taking into account the relative patent positions.
The part I am having problem with is "Licensee refuses to license Licensor under its patents".
Usually, the Licensor grants a license, not the other way round?
Thanks for your help.
In a Patent license agreement :
Licensor shall be entitled to double the royalties, in the event Licensee or any of its Affiliates, a partner in a joint venture, refuses to license Licensor or any of its Affiliates under its patents relating to the manufacture and sale of xxx Bulbs, on conditions comparable to those contained in this Agreement, taking into account the relative patent positions.
The part I am having problem with is "Licensee refuses to license Licensor under its patents".
Usually, the Licensor grants a license, not the other way round?
Thanks for your help.
Change log
Jul 28, 2023 11:11: Barbara Carrara changed "Language pair" from "English to French" to "English"
Responses
+3
11 mins
Susana E. Cano Méndez
Spain
Spain
Specializes in field
Spain
Sworn (FRES) & Legal (EN>ES). EN>FR
Native in: Spanish (Variant: Standard-Spain)
Works in: French to Spanish, Spanish to French, English to Spanish, and 5 more.
Related KudoZ points
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4
Selected
Licensee can license too
Hi, someone can be the licensee in a legal instrument and the licensor in another.
"In the event Licensee or any of its Affiliates, a partner in a joint venture..." means they are obliged to license both ways, as they are partners.
Hope this helps.
"In the event Licensee or any of its Affiliates, a partner in a joint venture..." means they are obliged to license both ways, as they are partners.
Hope this helps.
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
3 hrs
licensee can license to licensor?
A licensee is the party that receives a license. Licensees are granted limited rights or legal permission by a licensor in the form of a license. Licenses enable a person or company (licensee) to do something that would otherwise be legally prohibited – like using someone’s branding, selling their products, or using their songs.
There are two types of patent licenses:
Exclusive Licenses: These transfer all ownership rights to a licensee. The licensor still owns the title. All patent owners must agree to an exclusive license.
Non-Exclusive Licenses: These allow the licensee to produce the invention or design. The licensee doesn't gain exclusive rights. The licensor and other parties can also produce the invention or design. Only one patent owner has to agree to a non-exclusive license.
therefore, it depends with type of licenses.
There are two types of patent licenses:
Exclusive Licenses: These transfer all ownership rights to a licensee. The licensor still owns the title. All patent owners must agree to an exclusive license.
Non-Exclusive Licenses: These allow the licensee to produce the invention or design. The licensee doesn't gain exclusive rights. The licensor and other parties can also produce the invention or design. Only one patent owner has to agree to a non-exclusive license.
therefore, it depends with type of licenses.
Example sentence:
Some examples of licensees include individuals with a driver’s license, and individuals licensed to practice law or medicine. Licensees may enter into a contractual relationship with a licensor to receive a license. A licensee may not receive greater ri
Note from asker:
| Hi, thanks for the explanation. In the case of non-exclusive license, the Licensor can allow thirs parties to also use the license in question but I have never seen a Licensee licensing to Licensor... |
Peer comment(s):
| neutral |
philgoddard
: Susana said this three hours ago without using a chatbot.
46 mins
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