Manufacturing Licence Agreement

Owners of patents, designs, copyright and other intellectual property rights in inventions often licence those rights to others as a way of exploiting their inventions.

This Manufacturing Licence Agreement is designed for use where the owner of an invention grants a licence allowing another party to manufacture and sell the relevant product or products.

What rights does the licensee receive?

The agreement establishes a relationship between the manufacturer and the licensee. It grants the licensee the rights needed to manufacture and sell the product or products.

It also provides for the licensing of the intellectual property rights, registered or unregistered, required for the licensee to manufacture and sell those products.

Why use this with a Know-How & Technical Assistance Agreement?

Know-how is often essential to manufacturing an invention. Product specifications alone may not be enough to enable the licensee to manufacture the product properly.

This agreement is specifically designed for use alongside a Know-How & Technical Assistance Agreement. An optional schedule allows that agreement to be annexed, although a simple cross-reference is also included where attaching it is not preferred.

Registered IP rights and licence formalities

Where registered rights such as patents, trade marks or designs are involved, certain formalities may need to be observed.

Although this is not a dedicated licence for one specific type of intellectual property, it functions in a similar way. The same formalities should therefore be considered, such as registration of a patent licence with the Intellectual Property Office where relevant.

Products, trade marks and manufacturing controls

The schedules identify the product or products covered by the licence and the manufacturer’s trade marks.

The agreement also deals with:

• manufacture of the product or products;
• product improvements;
• fees and payment;
• intellectual property rights and confidentiality;
• warranties, indemnity, term and termination; and
• post-termination matters, non-assignment, notices, force majeure, and law and jurisdiction.

Manufacturing Licence Agreement is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.