Does “retained” rights pose a risk to the intentions of a licensee

501 votes

The concept of parallel rights depends upon various products depending upon their GI and classification as well as the nature of the product.
As far as the right to education is concerned in India it may be permitted depending upon the product.
For any further information you may contact us.

Advocate Akshit Navaney LawRato

530 votes

When such assignments are signed then it is vital and important to look into each and every word of the those agreements. In the given case, I University has held rights qua to education, research and patient care at University then you have to make sure that University derives no profit out of that since it will be affecting your commercial interests for which you have taken entire right, title and interest.
Apart from above it will pose no danger to you and your licensee if University does not violate the agreement. If it does then you have multiple remedies available at your doorstep.

Advocate Shikhar Garg LawRato

873 votes

Providing such a confirmation, would amount to tendering legal-advise. This is something that I avoid doing, without studying the relevant underlying records. The following does not, therefore, constitute legal-advice: “Retained Rights”, in my opinion, would, possibly, only present itself as a problem - if: (a) the prospective licensee is made unaware (of their existence); and (b) the scope of this license/ its verbiage/ your representations, when read in isolation, offers exclusivity, on such subjects that would, otherwise, fall within the purview of those “Retained Rights” as well. What is important for you to appreciate, is that your license-agreement shouldn’t deal with such (retained) rights from the standpoint of what is practically foreseeable; but, instead, should deal with such rights from the standpoint of what is legally-tenable. I work on such agreements routinely and encourage you to reach out to me through Lawrato - to take this conversation forward.

Advocate Arjun Narayan LawRato

671 votes

Dear Sir: The retained rights for the purpose of education, research and patient care do not pose any threat to Licensee in India. Infact, the legal provisions of Indian Patent Act, 1970 talks about compulsory licensing by Government of India in case of public good. It means that Licensee in any case is obligated to share rights (if Government of India thinks so), and therefore retaining of such rights by IP owner (University) poses no additional threat to Indian-Licensee. Hope this helps.

Advocate Dinesh Jotwani LawRato

500 votes

Hi,
Generally all the rights should be in possession of one person, but in the instant case, you need to ensure that the your licencee in not dealing with the same thing for which the right is retained by university.

Advocate Ganesh Singh LawRato