At the end of the period defined in the contract, the contract terminates, unless it allows for an automatic extension. You can request a certain notification period if the extension is a new price, so that the licensee has time to evaluate this price and determine if their budget allows it. For example, you can request a clause stating that the licensor must give the licensee a period of 60 or 90 days before the termination of the contract to give the licensee time to review and consider price increases. 9. Clauses specific to IP rights. Certain clauses specific to the nature of the IP rights allowed in the license agreement, either to ensure that the requirements of the legislation in force are respected in order to ensure that the rights of the IP holder are properly protected, or both. For example, Canada`s Trademarks Act (which underwent significant changes in June 2019) is the law that governs Canada`s trademark ownership and protection regime, including the licensing of trademarks to third parties. If the license agreement provides for the grant of a right to use, advertise or display a trademark, it is essential, in order to comply with the law and to ensure that the rights of the IP owner are protected, to include clauses relating to the permanent control of the IP holder over the character and quality of the goods and services related to the licensed trademark. This includes the right of the IP holder to verify these products and services to ensure that they have a type or quality required by the intellectual property holder and defined in the license agreement.
Another question is whether the group of authorized users is geographically defined, for example all faculties on Campus X. If the licensee has more than one physical location, you should consider licensing with multiple branches so that people can have the same access to other sites, regardless of who can access the main site. University libraries want to ensure that all their sites are covered by licensing agreements. In some situations, licensees from other countries may be required to access the Licensed Content. If this is the case for you, make sure that your license allows it and is not limited to physical sites in Canada.B. See also below on the authorized site. The terms you should define include permitted uses, authorized users, commercial use, content, licensed content, premises, and territories. Note that allowed uses and users are often not defined in the definition section when they are defined in a separate clause. The rule of thumb is that if a word is used differently from its meaning in the ordinary dictionary, then you put that “special” meaning in the agreement. This importance should be the one that is approved by both parties to the agreement and can be part of your licensing negotiations.
Other terms that should be defined in the license agreements are: “archiving”, “permanent access”, “website”, “unauthorized use”, “personal use”, “reuse”, “adaptation”, “modification” and “technical support”. Electronic rights or electronic rights are a term that has become very popular in the use of a license. However, electronic rights are not specifically defined in the copyright laws of most countries. Electronic rights would be included as part of broader or more flexible rights, such as the reproduction right established by Canadian copyright law and copyright laws around the world. 3. In the case of sub-licensing, a sub-licence of 20% (20%) of the royalties paid to *** shall be levied on the basis of the sub-licensee`s sales. The agreement should specify how and when the agreement can be terminated. They may include the right to terminate the contract in the event of a serious breach of the terms of the agreement and/or to include the termination of the contract for any reason, provided that the other party is informed….