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licensing agreements

PakGlobal can provide detailed analysis of your intellectual property and work with you to outline the uses you desire to license or obtain a license for.
Additionally, we can target products; fields and ideas that our clients may be interested in and prepare licensing agreements that provide favorable terms and conditions of use. We also routinely review licensing agreements and provide advice opinions regarding existing agreements.

Types Of Licenses

Compulsory or Non Voluntary Licenses

Patents

Compulsory Licenses are granted where there has been abuse of monopoly rights or otherwise the public interest, in particular, national security, nutrition health or the development of other vital sectors of the national economy so requires or the federal government has determined that the manner of exploitation, by the owner of the patent or his licensee is anti competitive or the patent holder refuses to grant a license to a third party on reasonable commercial terms and conditions. The provisions of TRIPS agreement are kept in view before initiating/entertaining any application for the grant of Compulsory License. Compulsory License is granted on request made to the Controller after the expiration of a period of four years from the date of filing of the patent application or three years from the grant of the patent which ever period expires last. The Non Voluntary License so issued fixes the scope and function of License, the time limit within which the licensee must begin to exploit the patented invention and the amount of adequate remuneration to be paid to the owner of the patent and conditions of patent.

Copyrights

The Copyright Board is empowered to grant compulsory Licenses under certain circumstances on suitable terms and conditions in respect of a Pakistani work. The circumstances necessary for grant of such licenses are that the work must have been published or performed in public, the author must have refused to republish or allow republication of the work or must have refused to allow performance of the work in public and by reason of such refusal the work is withheld from the public, the author has refused to allow communication to the public by broadcast of such work or in the case of sound recording, the work recorded in such record on reasonable terms. The licenses so granted may be exclusive or non exclusive.

Voluntary Licenses

Patents

These are granted by the patentee as of right, on such terms and conditions, as may be settled by agreement or in default of agreement, by the Controller on the application of the proprietor of the patent or licensee

Copyrights

These are granted by the authors as of right, on such terms and conditions, as may be settled by agreement or in default of agreement, by the Controller on the application of the proprietor of the copyright or licensee. The licenses so granted may be exclusive or non exclusive These may be limited with respect to time, territory within the jurisdiction or part of the interest in question where possible e.g. right to publish books can be split into hardcover editions, paperback editions and serial publication) or particular country.

Trademarks

The proprietor of a trademark can grant license to a registered or a non-registered licensee. The grant may be exclusive or non exclusive. The exclusive user can be granted rights and remedies in respect of matters occurring after grant of the license as if the license had been assignment. A non-exclusive licensee subject to license can file the infringement proceedings by arraigning the proprietor of the trademark as a party. In case of license to an unregistered user the important thing for existence of the license is to determine the extent of control of the grantor upon the licensee as per the terms of the agreement as well as the conduct of the licensee in using the trademark.

 
     
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RELATED LINKS
IPO Pakistan
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PAKGLOBAL LEGAL AND RESEARCH SERVICES
2, Begum Road, Lahore-54000, PAKISTAN
( (+92) 042-8445533, Ê (+92) 042-7354902, 8 info@pglrs.com