Licensing Agreements in New Jersey

Licensing Agreements in New Jersey

When people have unique ideas, they often want to license them. This is so that other people cannot take the idea and make money off of it without consent. Licensing an idea allows an individual to protect their rights and interests while profiting off them. When licensing something, an individual must go through several legal matters. This may include negotiating terms as well as drafting and reviewing agreements. The main goal of licensing an idea is to explore the potential and increase the return on the idea.

What is a Licensing Agreement?

An individual has the right to license any intellectual property. This may include patents, copyrights, and trademarks. A license allows an individual to maintain ownership of an idea while profiting on it. This is done by granting others the right to utilize, market, manufacture, distribute, or sell your idea. A licensing agreement establishes the terms of the arrangement. This may include:

  • Confidentiality
  • Exclusivity
  • Territory
  • Indemnification
  • Timeframe
  • Sublicensing opportunities
  • Royalty specifications

Factors to Consider

When an individual is thinking about licensing their intellectual property, there are many things for them to consider. One of the first things that should be done is for the individual to understand the range of the agreement, as they are the one offering the license. Obtaining a license for an idea limits the rights to use the property. It is important to enlist an experienced attorney that can help an individual maintain ownership of their idea while creating an agreement that intrigues others and limits this range. This allows the individual to avoid their work being exploited.

When an idea is licensed, the owner should have complete control over the revenue. There are different options to consider for this. One option could be to include a one-time licensing fee in your agreement. Another option could be recurring payments, such as royalties. In an agreement, the owner may also be able to create certain terms that require the licensee to cover maintenance fees. These opportunities may allow for an increase in the profitability of the property.

Enforcing an Agreement

Once a licensing agreement is made, it is important that it is enforced. If someone breaches a license agreement, it is considered an act against a binding legal document. Disobeying the terms of a license agreement may consist of infringement, pirating, exploitation, and more. In the event of this, there are legal options that may be pursued. Like other contracts, when a license agreement is breached, an individual may pursue compensation as the result of suffering a loss. This may include lost time, money, opportunities, and other factors.

Contact our Firm

If you are looking to license an idea and wish to speak to an experienced attorney, contact The Law Offices of Richard E. Novak, LLC. today.

The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.