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A Licensing Agreement lets you give someone else permission to use your intellectual property while keeping your ownership rights. Common in Kiwi businesses, these contracts spell out how others can use your copyrights, trademarks, patents, or trade secrets - from software companies licensing their apps to manufacturers allowing others to make their products.

Under NZ's intellectual property laws, these agreements set clear boundaries around payment terms, usage limits, quality standards, and territory restrictions. They protect both parties by defining what happens if someone breaks the rules and usually include details about confidentiality, dispute resolution, and the agreement's duration. The Commerce Commission often reviews these deals to ensure they promote fair competition.

Use a Licensing Agreement when you need to let others use your intellectual property while maintaining control over how they use it. This applies when launching a franchise, letting another company manufacture your patented product, or allowing someone to use your trademarked brand name in NZ markets.

The agreement becomes essential before sharing valuable IP like software code, business methods, or creative works. It protects your rights under the Copyright Act and Patents Act while generating revenue through licensing fees. Many Kiwi businesses need these agreements when expanding internationally, collaborating with partners, or monetizing their innovations through controlled distribution.

• Non Exclusive License Agreement: Allows multiple licensees to use the IP simultaneously, common for merchandise and publishing rights
• Computer Software License: Governs software usage rights, updates, and maintenance terms for business applications
• Open Source Software License: Permits free use, modification, and distribution of software code with specific conditions
• Licence To Occupy: Grants temporary rights to use property or space for business purposes
• Licence To Occupy Residential Property: Specifically for residential property occupation, common in retirement villages

• IP Owners: Creators, inventors, or businesses looking to monetize their intellectual property while maintaining control over its use in NZ markets
• Licensees: Companies or individuals paying for rights to use, manufacture, or distribute licensed IP under specified terms
• Legal Counsel: Corporate lawyers and IP specialists who draft and review agreements to ensure compliance with NZ intellectual property laws
• Industry Regulators: Government bodies like IPONZ and the Commerce Commission who oversee licensing practices
• Business Consultants: Advisors helping negotiate terms, royalty structures, and territorial restrictions

• IP Details: Document all intellectual property being licensed, including registration numbers for patents, trademarks, or designs with IPONZ
• Usage Scope: Define exact permissions, territory limits, and duration of the license
• Payment Terms: Outline royalty rates, payment schedules, and minimum guarantees
• Quality Control: Specify standards, inspection rights, and reporting requirements
• Party Information: Gather full legal names, addresses, and authority to sign for all parties
• Compliance Check: Review NZ Fair Trading Act requirements and competition law implications
• Document Generation: Use our platform to create a customized, legally-sound agreement that includes all required elements

• Parties: Full legal names and addresses of licensor and licensee, including company registration details
• IP Description: Clear identification of licensed intellectual property, including registration numbers and scope
• Grant Clause: Specific rights being licensed, territory limits, and exclusivity terms
• Payment Terms: Royalty rates, payment schedules, and reporting requirements
• Quality Control: Standards, inspection rights, and compliance requirements
• Term and Termination: Duration, renewal options, and grounds for early termination
• Dispute Resolution: NZ jurisdiction, mediation procedures, and applicable law
• Confidentiality: Protection of trade secrets and proprietary information

A Licensing Agreement differs significantly from an Assignment Agreement. While both deal with intellectual property rights, they serve fundamentally different purposes in NZ business transactions.

• Ownership Transfer: Assignment Agreements permanently transfer ownership of IP rights to another party, while Licensing Agreements only grant permission to use IP while the original owner maintains ownership
• Duration: Licenses typically have specific time limits and renewal terms, whereas assignments are permanent transfers
• Control Rights: Licensors retain quality control and usage restrictions; assignors completely relinquish these rights
• Payment Structure: Licensing usually involves ongoing royalties or periodic fees, while assignments typically require one-time payment
• Termination Options: License agreements can be terminated for breach or expiry; assignments cannot be reversed except through a new transfer