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Subject |
License(1) - What is an IP Rights license? |
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1 |
Name |
IP_Park |
Date |
2003/10/31 13:59:33 |
Homepage |
http://www.ippark.com |
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Q1. What is an IP Rights license?
1) An IP Rights license is to get rights to use the copyrights, trademarks, know-hows, designs, patents, etc. from the owner thereof. There are two kinds of licenses such as an exclusive and a non-exclusive.
2) An exclusive license means that the owner of IP rights grants the licensee all rights under the IP Rights. Thus, in case of an exclusive license, without any agreement between owner (licensor) and licensee, the owner can not use the IP rights without a consent from the exclusive licensee. Under the Korean Patent or Trademark Act, an exclusive license does not have its effect if the agreement is not recorded in the IP rights register concerned of the Korean Intellectual Property Office ("KIPO"). Accordingly, to protect an exclusive license, the contents of an exclusive license agreement should be recorded at the KIPO. Of course, without recordation of an exclusive license agreement at the KIPO, the agreement is still effective between the owner and licensee.
3) A non-exclusive license means that the owner grants the licensee only to use the IP rights on the basis of the agreement. The IP rights owner may grant one or more non-exclusive licensee(s) to use his IP rights at the same time. A non-exclusive licensee does not have a right to prosecute any legal suit against an infringer of the IP rights while an exclusive licensee does. |
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