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Tel: +27 21 526 2800
Fax: +27 86 660 6208 / +27 21 526 2801
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LICENSING AND TECHNOLOGY TRANSFER
Intellectual property rights can
be used by assigning (selling)
or licensing them to others.
Patents, registered designs,
trademarks, copyright, trade
secrets and know-how are
examples of rights which can be
assigned or licensed.
A licence is a means whereby a
holder of rights in intellectual
property, the licensor, can
obtain remuneration by allowing
another person, the licensee, to
use those rights. Ownership in
the rights is retained by the
licensor, as opposed to an
assignment of rights where the
ownership in the rights actually
passes from one person to
another.
The document granting licence
rights is usually referred to as
a licence agreement. When
concluding a licence agreement
in terms of which royalties are
paid to a foreign licensee, it
is important to remember that
approval of the Exchange Control
Authorities must be obtained
before the agreement is signed.
Great care should be taken in
drafting licence agreements and
professional assistance from a
patent attorney or other expert
in the field should first be
obtained.
Our team
have wide experience in the
drafting of licence agreements
and the provision of advice
relating to technology transfer
and we urge you to
contact us
with any specific queries you
may have.
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