INDUSTRIAL DESIGN LICENSING

The license is where a patent owner i.e. licensor gives another person, the third party i.e. licensee, the permit to use that invention legally for commercial purpose. However, the license gets the permission to use the Design right; the licensor continues to be the owner of that product. It is the process of converting the idea into reality

The holder of an industrial design may transfer to third persons the right to use the industrial design, for the whole or a part. Thus, the right to use can only be acquired on the basis of license contract. Like every other contract, the license contract shall be drawn up in writing and signed by the contracting parties. The licensee shall be entitled to grant a sub-license only if expressly stipulated. However, in case of any type of infringement, the Licensee has the right for court proceeding in respect to the infringement of rights arising from the industrial design.

LICENSE CONTENTS

  1. Background- parties and its intention
  2. Definition
  3. License grants
  4. Dates
  5. License issue fees, its payment and types of transaction.
  6. Warranties
  7. Technical help
  8. Terms on termination
  9. Any type of infringement clause
  10. Arbitration and bankruptcy clauses
  11. Right to sub-license
  12. Transferability clauses
  13. Rights and obligation of parties e.t.c

However there in no particular provision related to Licensing of Trade Design as per Design Act, 2000..