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ARTICLE · 13 APRIL 2017

Technological Licensing Agreements – The Topic Of Ownership In Derivatives

A licensing agreement is a legal contract between two parties, known as a licensor and a licensee.

IsraelIntellectual Property

A licensing agreement is a legal contract between two parties, known as a licensor and a licensee. In a typical license agreement, the Licensor grants the Licensee the right of use and a limited license for commercializing the products in his ownership under certain conditions. On the other hand, the Licensee takes upon himself a number of conditions with regards to using the product, and agrees to make payments to the Licensor, known as royalties.

One of the main issues in technological licensing agreement relates to rights of ownership in the licensed product. When dealing with a product ready for distribution the matter is relatively simple, the Licensor reserves the exclusive ownership in the product. But when the licensed product requires additional development and/or creates derivative work, the matter of ownership rights in the "upgraded" derivative is even more important, and the answer is not unequivocal. In this article we will focus on licensing

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