We can define the license as an intellectual property right owner agreeing to share the exercise of that right with a 3rd Party for a certain price. Therefore, license agreements are those that regulate the issues related to this subject. In the Industrial Property Code No. 6769, provisions regarding license and license agreements have been introduced. In this context, while trademark, patent, utility model and industrial design license agreements that are legally defined as intellectual property rights, geographical signs and traditional product names cannot be subject to license agreements.
License Agreements can be made in two ways, these are;
a- Exclusive License Agreement: The licensee in exclusive license agreements cannot license another person and cannot use the intellectual property right under the contract unless it explicitly reserves its right.
b- Non-exclusive License Agreement: In non-exclusive license agreements, the licensor may use the intellectual property right, subject to the contract, or grant other licenses to third parties.
Unless otherwise stated by law, license agreements are not exclusive and again, unless otherwise agreed by law, licensees cannot transfer their rights arising from the license to third parties or grant sub-licenses.
As a result of the license agreement, the licensee has to take measures to protect the quality of the intellectual property right from which it obtained the license. Otherwise, the licensor may claim their rights under the code against the licensee. In the Industrial Property Code No. 6769, in case of violation of the industrial property right by a third party, it is regulated that the exclusive licensee can open all cases that the industrial property right owner may open on his behalf.
License agreements can be regional or global. As it is known, today intellectual property rights are registered not only in certain regions but also worldwide. In this context, for example, if a trademark is registered in 20 countries, it is possible to make a license agreement in these 20 countries.
It is really important that the work of the license agreements is done by the trademark and patent attorneys. For this reason, the license agreements prepared by Onal & Onal IP, which make a difference with their experience and care, are prepared in accordance with the requests, laws and usage of the parties in the most appropriate way.