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syntax issue

English translation: Licensee can license too

09:23 Jul 28, 2023
English language (monolingual) [PRO]
Law: Contract(s) / patents License
English term or phrase: syntax issue
Hello,

In a Patent license agreement :

Licensor shall be entitled to double the royalties, in the event Licensee or any of its Affiliates, a partner in a joint venture, refuses to license Licensor or any of its Affiliates under its patents relating to the manufacture and sale of xxx Bulbs, on conditions comparable to those contained in this Agreement, taking into account the relative patent positions.

The part I am having problem with is "Licensee refuses to license Licensor under its patents".

Usually, the Licensor grants a license, not the other way round?

Thanks for your help.
VeroniquePhelut
Local time: 11:09
Selected answer:Licensee can license too
Explanation:
Hi, someone can be the licensee in a legal instrument and the licensor in another.

"In the event Licensee or any of its Affiliates, a partner in a joint venture..." means they are obliged to license both ways, as they are partners.

Hope this helps.
Selected response from:

Susana E. Cano Méndez
Spain
Local time: 12:09
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
3 +3Licensee can license too
Susana E. Cano Méndez
4licensee can license to licensor?
IDRIS ABDI GUHAT


  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
Licensee can license too


Explanation:
Hi, someone can be the licensee in a legal instrument and the licensor in another.

"In the event Licensee or any of its Affiliates, a partner in a joint venture..." means they are obliged to license both ways, as they are partners.

Hope this helps.

Susana E. Cano Méndez
Spain
Local time: 12:09
Specializes in field
Native speaker of: Spanish
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Clauwolf
2 hrs
  -> Thanks, Clauwolf.
agree  philgoddard: It's confusingly written, but probably not a mistake. Presumably the two parties license different products.
3 hrs
  -> Thanks, Phil.
agree  British Diana
1 day 5 hrs
  -> Thanks, Diana.
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
licensee can license to licensor?


Explanation:
A licensee is the party that receives a license. Licensees are granted limited rights or legal permission by a licensor in the form of a license. Licenses enable a person or company (licensee) to do something that would otherwise be legally prohibited – like using someone’s branding, selling their products, or using their songs.
There are two types of patent licenses:

Exclusive Licenses: These transfer all ownership rights to a licensee. The licensor still owns the title. All patent owners must agree to an exclusive license.
Non-Exclusive Licenses: These allow the licensee to produce the invention or design. The licensee doesn't gain exclusive rights. The licensor and other parties can also produce the invention or design. Only one patent owner has to agree to a non-exclusive license.
therefore, it depends with type of licenses.

Example sentence(s):
  • Some examples of licensees include individuals with a driver’s license, and individuals licensed to practice law or medicine. Licensees may enter into a contractual relationship with a licensor to receive a license. A licensee may not receive greater ri
IDRIS ABDI GUHAT
Kenya
Local time: 13:09
Native speaker of: Native in EnglishEnglish, Native in SomaliSomali
Notes to answerer
Asker: Hi, thanks for the explanation. In the case of non-exclusive license, the Licensor can allow thirs parties to also use the license in question but I have never seen a Licensee licensing to Licensor...


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: Susana said this three hours ago without using a chatbot.
46 mins
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