Transfer your rights
Intellectual Property rights grant exclusive use over the protected asset and are determinant in differentiation and market success. However, IP owners may wish to transfer their rights to third parties by selling or licensing, either because as inventors they do not wish to enter the production sector, or because it is financially advantageous to form a partnership when a company shows interest in the patent or trademark.
Intellectual property licensing includes agreements on technology (patents or designs), trademarks, franchising, or copyrights. These are contracts where the original holders retain the ownership of assets, but allow third parties to use their respective rights. As such, licensing an asset involves the payment of a fee or royalty which is mutually agreed on.
These contracts are reasonably flexible and can include a wide variety of clauses, such as limits, guarantees, dispute resolution, or termination or infringement clauses.
An assignment of rights involves the sale of Intellectual Property assets to another person or company. This can be quite a viable strategy if you intend to receive the amount corresponding to the total value of your Intellectual Property asset instead of a royalty system that may involve lower payments during a longer period of time.
Inventa is highly qualified to represent and defend your interests when it comes to assign your Intellectual Property rights.
Inventa provides a team specialized in the sale and licensing of IP, able to provide you with a full follow up service throughout the process. Thus, if you wish to proceed with a sale or license agreement, you should take into account the following steps:
What types of IP transactions are there?
Depending on what you need and the type of intellectual property asset, you may choose from:
Technology licensing of patents or designs
Trademark licensing or franchising agreements
In any of these cases, Inventa is fully qualified to assist you throughout the process.
How does IP licensing work?
A licensing agreement is an agreement between the owner of an IP asset and a different person who is authorized to use the asset's rights, upon payment of an agreed price (fee or royalty). Licensing may imply allowing the use of several faculties granted by copyright, patent, design, technical know-how, trademark, or specialized marketing.
The licensee and the licensor stipulate the specific purposes for which the intellectual property (IP) rights will be used or sold, and it is common to negotiate what territory or length of time they are limited to. This licensing does not mean purchasing a product only to resell it or keep ownership of IP assets, but rather pay to obtain an exclusive and legal right to use or sell it.
Why is Inventa qualified to help me?
Inventa can help you in different areas of the intellectual property (IP) transaction process, such as:
1. Providing the best deals: we’ll write, organize, and integrate every record, so as to ensure your business maximum profitability.
2. Due Diligence support: we'll assess the status of IP portfolios to increase the agreement's transparency and the available information, and to enhance the licensing process.
3. Constant vigilance: once your patent is acquired, it is important to be vigilant against anyone who might be misusing your inventions. This way, we can guarantee the best possible monitoring of your inventions in the market, paying the maximum attention to different sectors so we can detect any violators in a timely manner and proceed with immediate action.
Why should I license my Intellectual Property?
Licensing your intellectual property (IP) can be an excellent way to increase your assets, especially if you do not feel able to or have enough experience to develop your product or service in the market. However, it is essential to pay attention to some peculiarities of franchising:
What is franchising?
A franchise agreement, best known as Franchising, allows for a fast and decentralized expansion of a business supported by intellectual property (IP) assets. The agreement transfers the rights to use and sell IP assets, including trademarks, patents, designs, or know-how for a determined period of time and upon payment of a fee (royalty).
Franchising is a method or system for distributing products and services.
One of the parties is the holds the IP rights to the methods or products included in the agreement.
The franchisee pays for the right to use the IP assets (trademarks, patents, etc.)
It is an agreement that coordinates marketing efforts and a developed business system.
What is Assignment of Rights?
An assignment of rights involves the sale of intellectual property assets (IP) to another person or company, which can be a viable strategy if you intend to receive the amount corresponding to the total value of your IP asset instead of a royalty system that may involve lower payments during the period of time agreed by both parties.
The main obligations of the assignment of IP rights will be exhausted with the sale of your assets – which is precisely what distinguishes it from licensing.
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