Category Archive Trademark & Copyright (IPR)

Bydeb

Licence to use Copyright

It is a process of creating and managing contracts between the owner of a brand and a company or individual who wants to use the copyright, for an agreed period of time, within an agreed territory.

It determines the terms and condition for grant of use of copyright.

  DRAFT OF LICENSE TO USE COPYRIGHT AGREEMENT


I ………….s/o………………. r/o…………………., the owner of the copyright, to Award the LICENCE to s/or/o for using the said for the purpose of for a period of in lieu of the consideration of already paid to me on.., and I hereby acknowledge the receipt of said amount.

Date.      

Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.

Bydeb

Agreement of License between Trade Mark Owner and a Manufacturer

It is a process of creating and managing contracts between the owner of a brand and a company or individual who wants to use the brand in association with a product, for an agreed period of time, within an agreed territory.

It determines the terms and condition for grant of use of trademark.

DRAFT OF AGREEMENT LICENSE BETWEEN TRADEMARK OWNER AND A MANUFACTURER
 AGREEMENT is made this _____________day of ________ between __________M/s ______________, a Company registered under the Companies Act,____, and having its registered office at ___________ hereinafter referred to as `the Licensor’ of the One Part and Mr. ._________________carrying on business of ­­­­­­­­­­­­________________ Hereinafter referred has `the Licensee’ of the Other Part

WHEREAS

1.     The Licensor is the proprietor of a trade mark more particularly described in the schedule hereunder written and which is duly registered under the Trade and Merchandise Marks Act 1958.

2.     The Licensor is manufacturing and selling the goods viz ____________________ under the said trade mark.

3.     The Licensee who is running a small scale industry has requested the Licensor to grant him a license to manufacture the said goods with the trade mark embossed or printed thereon as is being done by the Licensor and which the Licensor has agreed to do on the following terms and conditions agreed to between the parties hereto.

NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1.     The Licensor hereby grants to the Licensee a license to manufacture the said goods as a job work by applying the said trade mark, particulars of which are described in the Schedule hereunder written.

2.     The Licensee agrees and undertakes that all of the said goods manufactured by the Licensee in his factory at ______________or elsewhere shall be sold to the Licensor and not to anybody else at the price of Rs __________per item or article. The Licensee undertakes to manufacture and supply to the Licensor a quantity of not less than _________________every month.

3.     The goods so manufactured with the said trade mark applied to them will be supplied and delivered by the Licensee to the Licensor at the latter s business premises at _______ at his own costs of transport.

4.     The price of the said goods so supplied will be paid by the Licensor against delivery after deducting there from the royalty payable by the Licensee to the Licensor as hereinafter provided.

5.     The Licensor shall have the right to reject any goods supplied if they are not as per specifications or quality which are made known to the Licensee and in the event of such rejection the Licensee shall take back the rejected goods from the Licensor’s premises at his own costs and until such removal they will be at the risk of the Licensee. The Licensor agrees that during the subsistence of this agreement, the Licensor will not get the said goods manufactured from anybody else.

6.     The ownership of the said trademark will always remain with the Licensor and the Licensee will not pass off the said goods as if he is the owner of the said trademark.

7.     The Licensee will be at liberty to put a label or advertise that the said goods are manufactured by him but it will also be mentioned that the trade mark belongs to the Licensor and that the goods are manufactured for the benefit of the Licensor.

8.     In consideration of the Licensor allowing the Licensee to manufacture the said goods with the said trade mark the Licensee agrees to pay to the Licensor by way of royalty a sum equal to ______________per cent of the price of the goods at which they will be sold to the Licensor by the Licensee as aforesaid.

9.     The Licensee shall keep an account of the goods manufactured and sold to the Licensor and the price received by him and royalty paid in respect thereof and such account shall be open to inspection by the Licensor from time to time as may be required by the Licensor. The Licensor will also have the right to enter upon the premises of the Licensee where the goods are manufactured and to take inspection of the goods manufactured.

10.  This agreement will remain in force for a period of ______ years from the date hereof and on the expiration of the said period or earlier termination thereof as herein provided, the Licensee shall stop manufacturing the said goods under the said trade mark and all the goods till then manufactured and lying undelivered to the Licensor will be delivered to the Licensor in terms of this agreement as aforesaid.

11.  If the Licensee commits breach of any term of this agreement, the Licensor will be entitled to terminate this agreement by fifteen days prior notice in writing to the Licensee and on the expiration of the notice period, this agreement shall stand terminated unless in the mean while the breach complained of is remedied to the satisfaction of the Licensor.

12.  The Licensee may get himself registered as a registered user under the provisions of the Trade & Merchandise Marks Act 1958 subject to the terms of this agreement.

13.  If the Registrar of Trade Marks while registering the Licensee as a registered user puts any condition which is not acceptable to the Licensor, the Licensee will withdraw the application for registration or the Licensor will have the option to terminate this agreement.

14.  If any person is found by the Licensee to infringe the said trade mark either by passing off or otherwise, the Licensee will bring that fact to the notice of the Licensor to enable him to take necessary legal action against such person and in that event the Licensee will give all cooperation to the Licensor in prosecuting such action and all the costs thereof will be borne and paid by the parties hereto in equal shares.

15.  If the Licensee himself infringes the said trade mark by passing off or otherwise, then notwithstanding anything provided in clause 16 hereof it will be open to the Licensor to take legal action against him and in such case the Licensee will not be entitled to challenge the ownership of the Licensor in respect of the said trade mark.

16.  In the event of any dispute arising out of this agreement, the same will be referred to arbitration of a common Arbitrator if agreed upon or in the absence of such agreement, to two Arbitrators one to be appointed by each party hereto and the Arbitration will be governed by the Arbitration Act for the time being in force.

IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO

Signed and delivered for and on behalf of

Within named Licensor ____________Company

By its Managing Director

In the presence of _____________

Signed and delivered by the

Within named Licensee Mr.______________

In the presence of ____________


Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.

Bydeb

Agreement of License to Publish on Royalty Basis

Publishing agreements determines the rights exactly what rights the publisher wants to license.
 
It determines the terms and condition for grant of use of publishing rights.

DRAFT OF AGREEMENT OF LICENSE TO PUBLISH ON ROYALTY BASIS
Agreement is made at __________ this _________ day of _________ between Mr…………….r/o………. Hereinafter referred to as `the Author’ of the One Part and________________________ carrying on business at ______________ Hereinafter referred to as `the Publisher’ of the Other Part

WHEREAS

1.     The Author has written a book on the subject of…………………. and desires to publish the same.

2.     The Publisher has offered to publish the said book on the following terms and conditions, which are also agreed to by the Author.

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

1.     The Publisher agrees to publish the said book entitled __________ within a period of __________months from the date hereof. The printing and publishing will be done by the Publisher at his own costs.

2.     The Author has delivered the manuscript of the book on the execution of this Agreement to the Publisher and the Publisher acknowledges receipt thereof.

3.     The Author grants to the Publisher the right to print and publish the said book subject to the terms and conditions herein contained.

4.     The Author hereby warrants that the said book does not infringe the copy right of any other person and he is the sole copyright owner of the said book. He also warrants that he has not given license to publish the said book to any other person. The Author agrees to indemnify the Publisher against any claim made by reason of infringement of copyright of any other person or by reason of the Author having given any right in respect of the book to any other person.

5.     The Publisher shall print and publish the book at his own entire costs and expenses and he will also advertise the publication of the work at his own cost.

6.     The Publisher shall, in consideration of the said right of publication hereby given, pay to the Author as and by way of royalty a sum equal to _________per cent of the price less the cost of printing of each copy of the book actually sold. The amount of royalty accrued on sales, shall be paid within __________weeks from the expiration of every six months commencing from the publication of the book.

7.     The Publisher shall submit to the Author every ________months, commencing from the publication of the book, a statement of the copies sold by the Publisher and his agents and shopkeepers. And such statement shall be sent along with the amount of royalty payable as aforesaid. Acceptance of any payment of royalty will not be construed as acceptance by the Author of the correctness of the statement and the Author will be entitled to verify the statement with the books of account, vouchers and other papers relating to sale and the Publisher shall offer such inspection to the Author or his agent whenever demanded by the Author. The Publisher shall with every such statement disclose the total number of copies printed by him.

8.     The Publisher shall supply ____________copies of the Book to the Author free of costs and without any royalty being payable thereon. The Publisher shall also supply free copies not exceeding ___________to such newspapers, periodicals or law Reporters as the Publisher may think fit.

9.     The Publisher shall not give benefit of this license by way of transfer or otherwise to any other person.

10.  The Publisher shall print only………… copies of the book and no more and the price of the book will not be more than Rs………………… per copy.

11.  The Publisher shall show the final proof of the print to the Author for his verification and the Author will be entitled to make any formal changes therein and to correct mistakes. The cover of the book will be got approved by the Author.

12.  This license is granted only for the publication of the First Edition of the Book.

13.  If the Author proposes to bring out a new edition of the book he will give the first option to the Publisher on such terms as may be agreed upon. In the event of any disagreement as to such fresh terms, the Author will be entitled to publish a new edition by himself or through any other publisher. But in no event the book will be reprinted or republished unless and until at least 90% of the copies of the first edition are sold out.

14.  The Author warrants that the said book is his original and does not infringe the copy right of any person. The Author agrees to indemnify and keep indemnified the Publisher against any claim made on account of infringement of any copyright. The author also warrants that he has not given the right of publication to any other person.

15.  The Publisher undertakes to mention on the cover page or any other following page of the book that the copyright in the book belongs to the Author.

16.  This agreement is executed in duplicate and one copy thereof will remain with the Author and the other with the Publisher.

17.  If the Publisher commits breach of any term of this Agreement, the Author will be entitled to cancel the same by giving fifteen days’ notice to that effect to the Publisher and on the expiration of the said notice period this agreement will come to an end. On the termination of this agreement for any reason the Author shall have the option to take back all the unsold copies and the Publisher shall hand over them to the Author on payment of the proportionate cost of printing thereof but if the Author fails or refuses to exercise the option and to pay the costs, the unsold copies will be retained by the Publisher and sold.

18.  In the event of any dispute or difference arising between the parties hereto out of or in connection with the agreement the same shall be referred to arbitration of a common arbitrator if agreed upon, otherwise to two arbitrators, one to be appointed by each party to the arbitration and the Arbitration will be governed by the Arbitration Act for the time being in force.

IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written.

Signed and delivered by……………….

Within named Author………….

In the presence of…………………….

Signed and delivered by ……………….

Within named Publisher

In the presence of………………….

Disclaimer: The information contained in the sample document is general legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Site or document format DOES NOT create or constitute a solicitor-client relationship between LawRato or any employee of or other person associated with LawRato and a user of the Site. The information or use of documents on the Site is not a substitute for the advice of a lawyer.