
A License Agreement is an official legal contract between two parties — the Licensee and the Licensor, where the licensor has to permit the licensee to use a particular property under a specific set of parameters and conditions.
In some cases, there are certain license disputes creating significant consequences for both parties. There is a particular license agreement dispute resolution process that we are going to discuss further in this blog.
There are a few steps that one must follow while dealing with resolving disputes that may arise between the parties during the license agreement. These are:
Among the licensee and the licensor, whoever is claiming the dispute must notify the other party regarding the issue. This is one of the first steps that is essential to follow to resolve the dispute.
Read More – Mistakes to Avoid in Drafting License Agreement
Within seven business days of issuing the notice, each party has to nominate a representative who has not been involved in the license agreement dispute before.
Now comes the option of resolving the dispute, where the representatives will try to have a direct negotiation between the two parties to resolve the dispute faster.
If a particular resolution for the dispute is not reached within 28 business days, then the dispute is further submitted to the arbitration in Victoria under the Commercial Arbitration Act 2011.
The few essential things to consider while resolving a license agreement dispute will include:
Meditation is also a common form of alternative dispute resolution (ADR) in Australia. It is the procedure in which an independent mediator helps both parties identify their issues, consider different options, and develop alternative dispute resolutions.
An Australian party to a license agreement can agree contractually to have all or a few disputes (must be clearly identified in the agreement) determined by final arbitration rather than the process of litigation and where the arbitration will be happening.
The contracting parties can easily agree to resolve the disputes by any means of alternative dispute resolution, which also includes arbitration.
There is also no requirement that the arbitration procedure has to be conducted in Australia, and if an alternative jurisdiction is used, then the only practical consideration has to be ensured where the jurisdiction was a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
A license agreement will generally include some terms and conditions that are acceptable to the licensor. The points that you must check for a standard agreement are:
Commercial lawyers have extensive experience dealing with agreements and licensing. They will help as follows:
While creating a written license agreement, there might be certain minor disputes that need to be addressed by both parties. Representative negotiation is the best way in which these disputes can be easily resolved.
Before that, you must check out the standard licensing agreement properly and avoid these disputes firsthand. You can also get services from commercial contract lawyer Perth who will help you curate the agreement properly
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Commercial Lawyers Perth WA did a great job for my settlement. Very professional and friendly lawyers in Perth. My queries were always answered and were just a call away. Highly recommended commercial lawyers in Perth, Western Australia