If a confidentiality or confidentiality agreement has been entered into by the parties and remains valid for the duration of the licence agreement, nothing else is required. If this has not been done, a section dealing with confidentiality conditions may be included in the license agreement. If the previously agreed confidentiality agreement is weak, it is now time to strengthen it and ensure that these conditions in the licensing agreement prevail over previous agreements. The granting of a right to sublicensing to third parties also involves a number of important decisions that must be taken into account by the parties when awarding this part of the licence. Sublicensings can be anyone or be limited to . B only parties related to the licensee; only companies linked to the licensee; only a certain number of third parties; or only those parties who have received prior authorization from the licensee. The licensing agreement allowed Starbucks to promote brand awareness outside of its North American operations through Nestlé`s distribution networks. For Nestlé, the company has accessed Starbucks products and a strong brand image. The value of the brand can be positive or. Intellectual property (IP) and how it is paid must be defined in the agreement, whether it is a single patent or if it contains different reports and materials. This part of the checklist may be more relevant to for-profit licensees, but not-for-profit licensees may also include more than one patent (and its family) in the definition of intellectual property. A license is considered personal to the licensee, especially in the case of an exclusive license.
The licensee chooses the taker for many reasons and refuses others for many reasons. In addition, an exclusive licensee may be interested in taking a license from a particular licensee, not another. In these cases, the right to transfer a licence may be prohibited or, at the very least, severely limited to « only with the permission of the unsigned party. » Non-exclusive licenses are generally more open to granting, especially when there are many licensees.