In sum, as a licensor
, a company should be able to obtain ongoing performance from a debtor-licensee under its license, or recover its intellectual property assets, possibly sustaining a write-off for unpaid royalties or invoices, but not losing the underlying intellectual property assets.
The two master licensors
, he said, have agreed to cancel their operations in Metro Manila and return to the Cagayan Special Economic Zone and Freeport in Santa Ana, Cagayan, in compliance with the provisions of Executive Order No.
In both supplemental agreements, it was provided further that CEZA will "consider and accept the offer" of companies as its other licensees provided they are not currently hosted, appointed or authorized by either licensors
agreement that was entered into between the licensor
and the licensee
The license may entitle the licensor
to a specified number of free samples of the product using the artwork and specify that the samples are subject to the licensor
's approval before production begins.
As the licensor
, you may welcome the opportunity to sever your relationship with an insolvent licensee.
An upfront payment paid by a licensee to a licensor
is generally in recognition of the costs involved in the development of the technology, such as research and development or protection of the intellectual property.
For smaller companies, of course, it's harder to fight back and/or deal with a licensor
who won't readily disclose.
On these facts, the Massachusetts Appeals Court found that the trial judge correctly had instructed the jury that a non-seller trademark licensor
who participates substantially in the design, manufacture or distribution of the licensee's products may be held liable under Massachusetts law as an apparent manufacturer.
Section 365(n) applies if each of the following three conditions exist: (a) the debtor is a licensor
, (b) the license is for 'intellectual property' as defined by the Bankruptcy Code and (c) the license has been executed before the commencement of the bankruptcy case.
Conecture Technologies' Mediabox-PA system enables Licensees to submit all their product design artwork files to the Licensor
or Agent through a centralized online system.
The original assignee of the IP rights (in this case, known as the licensor
) retains ownership.
In these situations, the licensor
should reserve the right to approve the third parties, and the third parties should be required to abide by the license.
* Factors related to the nature of the technology being licensed, the foreign market environment in which it is licensed, and the characteristics of licensor
and licensee firms are likely to influence the choice between exclusive and non-exclusive licensing in a particular foreign market.
Generally, rights of a licensee, if any, are against the licensor
and unenforceable against the licensor
's successors in title.