L14 Scope

The scope of a license is simply the extent to which the licensee can avoid being sued for infringement of the licensor's IP. In part this is covered by the type of license involved.

Other important issues are:

    The territory covered by the licence
    Does the licence cover the whole of the territory covered by the IP or only part? Is the territory licensed exclusively or not? Different rights may exist in different countries.

    The commercial field of use covered by the licence
    Does the licence cover the whole of the possible fields of use covered by the IP or only part?

    The commercial activities covered by the licence
    In the UK patent infringement can involve, inter alia, making, selling, using or importing the patented product and any or all of these can be licensed.

    The technology covered by the licence.
    Where a licence to a patent exists, is it in respect of all possible uses of the patented technology or only some? Are all technical fields treated in the same way?

    The timescale covered by the licence
    Is the licence limited by time - for example to a fixed duration. Obviously there may be limits imposed by the lifetime of the IPRs involved but are shorter license terms envisaged? Is the licence for the whole, the remainder or a specified part of the IP life.

Use by a licensee outside the licence terms will result in infringement of the IP concerned