Question 1

What are some examples of licensing relationships?

Accepted Answer

• the software and information technology arena where software is developed and licensed out to for use by the licensee;
• where goods or products are produced under licence; or
• use of patented technology owned by the licensor.

By their nature, these agreements are typically fairly complex and bespoke, but there are of course common traits across most licensing agreements.

Question 2

What should a typical Licence Agreement regulate?

Accepted Answer

• the scope of the license;
• the territory;
• monitoring of quality and control;
• who owns the intellectual property attached to the underlying asset;
• that the third party under license is entitled to do with the software while under license; and
• how/when to terminate the relationship.

Question 3

How long does it take to receive my licensing agreement?

Accepted Answer

Standard delivery is 3 business days from when you complete the questionnaire. If you need it sooner, our Express Delivery option provides your completed agreement within 1 business day.

Question 4

Can this agreement be used for both exclusive and non-exclusive licences?

Accepted Answer

Yes. During the questionnaire, you'll specify whether the licence is exclusive (only the licensee can use the asset in the defined territory) or non-exclusive (the licensor can grant licences to others). The agreement will be tailored accordingly.

Question 5

Does the agreement cover royalty and fee structures?

Accepted Answer

Absolutely. The agreement will include your specific payment terms, whether that's a one-time licence fee, ongoing royalties based on sales or usage, minimum guarantees, or a combination. We'll capture all the details in the questionnaire.

Question 6

Can I request revisions to the agreement?

Accepted Answer

Yes. Once you receive your draft agreement, you can request revisions to ensure it accurately reflects your requirements. Our attorneys will work with you to finalise the document.

Question 7

Is this agreement enforceable under South African law?

Accepted Answer

Yes. Your agreement is drafted by a qualified South African attorney and complies with South African contract law, intellectual property legislation, and relevant industry regulations.

Question 8

What if I'm the licensee rather than the licensor?

Accepted Answer

This agreement works for either party. During the questionnaire, you'll indicate your role, and the agreement will be drafted to protect your interests accordingly—whether you're granting the licence or receiving it.

Question 9

Does the agreement include provisions for sub-licensing?

Accepted Answer

Yes, if required. You can specify whether the licensee is permitted to sub-license the asset to third parties, and under what conditions. This will be clearly addressed in your agreement.

Question 10

What happens if the other party breaches the agreement?

Accepted Answer

Your agreement will include breach and remedies provisions, specifying what constitutes a breach, notice requirements, cure periods, and the consequences of material breach including termination rights and potential damages.

Custom Licensing
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Quality Control Standards

Termination Rights

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