Licensing Agreement
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Photographs, music, logo or design, are all subject-matter of IP laws. Get your Licensing Agreement drafted by an Expert Senior Lawyer, skilled in Intellectual Property (IP) Laws.

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LICENSING AGREEMENT

A licensing agreement represents a written contract between two parties where the property owner (licensor) permits another party (licensee) to use that property under specific terms and conditions. All intellectual property subject matters — including music, design, artwork, photograph, video, and sound — can be licensed by owners.

License types vary: they can be exclusive or non-exclusive, worldwide or jurisdiction-limited, assignable or non-assignable. The terms and conditions of the license are flexible and can be tailored as per the understanding between the licensor and the licensee.

How it works?

01

Define license terms

Specify the IP being licensed, territory, duration, exclusivity, and royalty structure.

02

License drafting

Our lawyer drafts the licensing agreement with usage restrictions, sub-licensing, and termination clauses.

03

Review & negotiation

Licensor and licensee review terms and negotiate royalty rates with our expert guidance.

04

Execution ready

Final licensing agreement delivered — clear rights, restrictions, and payment obligations defined.

Contents of Licensing Agreement

  1. Subject matter details being licensed
  2. License duration
  3. Payment mode
  4. Royalty payment provisions
  5. Exclusive or non-exclusive license designation
  6. Territory of usage
  7. Representation and warranty
  8. Indemnification
  9. Termination grounds
  10. Severability
  11. Waiver
  12. Other legal clauses

Laws governing the Licensing Agreement in India

The different laws which govern various aspects of Licensing Agreement in India are as follows:

  1. Indian Contract Act, 1872
  2. Copyright Act, 1957
  3. Trade Marks Act, 1999
  4. Design Act, 2000
  5. Patents Act, 1970
  6. Competition Act, 2002
  7. Stamp Duty Act (state-specific)

Why Legitax

  1. Senior Expert Lawyers: We will get your document drafted/reviewed by Senior Expert lawyers skilled in intellectual property laws. You can track the progress of your document on our platform at all times.
  2. 4.5 Customer Score: Clients are delighted with our service! They have consistently rated us high because of our focus on delivering quality output and providing regular updates.
  3. Responsible Delivery: Our team of experienced business advisors are just a phone call away. Our team will ensure that your interaction with the expert lawyer is smooth and seamless and the document draft is delivered to you within the committed timeline.

Deliverables

Our standard deliverables for every document drafting includes:

  1. 60 Minutes of Talk-Time with the Lawyer for drafting/reviewing the Agreement
  2. First draft of the documents will be delivered to you within a maximum of 2 working days
  3. Post-delivery of the first draft – Iterations in the master Document to incorporate your suggestions/changes

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Frequently asked questions

Licensing is the most effective solution for protecting your intellectual property. A licensing agreement allows owners of intellectual property to authorize third parties to use, alter, or resell the property for a mutually agreed-upon price, without transferring ownership to the third party. The terms of the agreement are flexible and can be adopted as per the understanding of the parties.

A well drafted licensing agreement helps the author/owner of the IP rights, to protect its IP rights from infringment and exploitation. It can also be presented as an eveidence in the court of law in case of such infringment.

Yes, in fact with Licensing Agreement, it is very common. There are variety of ways that you can earn royalty through your license. It can be captured accordingly in the Licensing Agreement.

According to Section 17 of the Copyrights Act, 1957, the first owner of copyright is defined as under: 'Subject to the provisions of this Act, the author of a work shall be the owner of copyright therein.' Section 17 statutorily recognizes the author of the work to be the first owner of the copyright.

No. In that case, you should execute IP Assignment Agreement.

The primary difference between the two is that a License allows the Licensor to maintain their rights and interest in their IP, whereas an Assignment transfers all of the Assignors rights to their IP and assigns it to the Assignee.