Introduction to IP Licensing in Malaysia
How Does IP Licensing Work in Malaysia?
IP licensing is governed by a contract between two parties:
- Licensor – the owner of the intellectual property
- Licensee – the person or company receiving the right to use the IP
Through a License Agreement, the Licensor grants the Licensee permission to use the IP under specific conditions. Without this legal agreement, any use of the IP could be considered an infringement.
What is in a Licensing Agreement?
A Licensing Agreement for intellectual property is similar to a tenancy agreement. It sets clear terms and conditions that both parties must follow. Common elements include:
- Purpose of use – how the licensee can use the IP
- Territory – where the license applies
- Duration – how long the license is valid
- Payment terms – usually a fixed fee, royalties, or both
In exchange for these rights, the licensor is compensated, often with a guaranteed fee or a percentage of revenue generated through the IP.
Types of IP Licenses
There are three main types of IP licenses:
- Exclusive License
Only the Licensee can use the IP by excluding the use by others including the Licensor. - Non-Exclusive License
The Licensee can use the IP, but the Licensor retains the right to use and license it to others without contravening the terms of the agreement with the Licensee. - Sole License
The Licensee has exclusive rights, but the Licensor may also use the IP (no third parties allowed).
Benefits of IP Licensing
Licensing helps you maximize the value of your intellectual property. Key benefits include:
- Expanding your brand presence in the market
- Supporting and promoting core products or services
- Associating your brand with new products that align with your brand values
- Entering new markets without major investments
- Creating additional revenue streams with minimal resources
Our IP Licensing Services
We assist both licensors and licensees by offering:
- Advisory services to help you understand the basics of IP licensing
- Drafting and preparation of license agreements based on finalized terms
- Stamping services, if required for legal execution of the agreement
