In a rapidly expanding business landscape, licensing agreements remain a vital part of any corporate agreement. Understanding the nuances of licensing agreements, and the appropriate Texas regulations, can be a challenge for Dallas business executives. UpCounsel provides comprehensive services to secure the best legal counsel and education for all businesses. Whether you require a single consultation or full legal team for your company, UpCounsel has the necessary resources to ensure the optimal treaty terms and compliance in the Lone Star State.

What Is a Licensing Agreement?

Commonly referred to as a licensing deal, a licensing agreement is a legally binding contract between two or more parties engaged in the sale and transfer of a product or service. This contract allows the selling party to provide access to specific products or services. In exchange for a fee, the licensor grants the licensee the right to use trademarks, branding, logos, and product names.

This agreement also secures the licensor’s intellectual property. In return, the licensee pays royalties. Depending on the contract, these payments may be made gradually and increase with time. A licensing agreement is a bittersweet affair as it safeguards intellectual property but limits a firm’s control of the product or service.

Types of Licensing Agreements

When entering into a licensing agreement, there are a few different types of agreements to choose from. Each agreement is tailored to meet a specific need and predetermined purpose. The three most common types of licensing agreements include:

• Trademark License: This agreement identifies and lays out the cost and usage of a trademark, name, logo, and all associated marks owned by the licensor. It grants the licensee permission to use and display the designated products or services in certain ways.

• Patent License: This type of license grants permission to a party – the licensee – to use or incorporate a patented invention or process for a predetermined time frame. Such a license requires the payment of a predetermined fee.

• Technology License: Similar to a patent license, a technology license is an agreement between two parties, granting each access to various technology pieces being sold or leased. Users may permit multiple licenses in order to access a variety of technologies.

Licensing Agreement Considerations

Before entering into any contractual arrangement, all parties should carefully read and consider the licensing agreement in its entirety. This agreement will identify all parties involved in the licensing agreement, estimate the royalties and payments, and determine all applicable terms and conditions. Additionally, the agreement may determine the length of the contractual arrangement as well as any patented processes associated with any applicable technology being used.

Additionally, be aware of the various restrictions included in any such contract. This section may contain limitations as to the quality of products and services provided as well as restrictions on a licensee’s ability to transfer any applicable rights or licenses. Companies may opt to include a non-compete clause or a non-disclosure agreement to ensure their data and products remain secure.

Business Law Professionals in Dallas

UpCounsel provides legal advice for every stage of development in Dallas. Our experienced attorneys are well versed in the Texas regulations and speak the language of business, allowing us to effectively address your organizational goals and secure the best possible tax terms.

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Whether you require a single consultant or an entire legal team, UpCounsel is here to help. As the premier professional service provider in Dallas, our legal services are unmatched.


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