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  1. #1
    Join Date
    Dec 2012
    Posts
    13

    Default How to License an Educational Program Without the Licensee Appropriating Your Work

    We've developed a vocational training program here in the US and we are considering licensing it out to one of our previous students there.

    We would manage all the logistical issues from here, but our main concern is the protection of our intellectual property that we've developed (ie. research, power points, papers, etc). We've done a considerable amount of scientific research on our own dime and having this person "run away" with everything is our primary concern.

    Does anyone here any any experience writing up an international licensing program? My guess is that we would have to execute the agreement there (ie. Australia) for it to actually have any enforcement and this is perfectly okay.

    The program is trademarked (principal) here in the US and our primary goal with this is to simply expand our program globally even further. We just want to have some recourse in the event the licensee breaches the terms of the agreement.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,254

    Default Re: Licensing USA Training Program Overseas (Australia)

    A trademark isn't going to make them comply with your license term no matter where you have it registered.

    The truth of the matter is that in order to prosecute contract issues with Australian (or any foreign) customer you are going to have to have legal assistance in that country.

  3. #3
    Join Date
    Oct 2016
    Posts
    3,305

    Default Re: Licensing USA Training Program Overseas (Australia)

    Quote Quoting lespaul75
    View Post
    The program is trademarked (principal) here in the US
    I certainly hope you mean copyright protected.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How to License an Educational Program Without the Licensee Appropriating Your Wor

    You should have your licensing contract reviewed by a lawyer in Australia, and discuss with your Australian lawyer how to best position yourself for taking action if the licensee misappropriates your intellectual property. You would likely want some form of non-compete clause that would prevent them from opening up shop providing an equivalent program for a period of time after the license ends, and you would need any such agreement (and the rest of your contract) to be enforceable under Australian law. You would also want to talk to the Australian lawyer about how you might avail yourself of remedies (injunctive relief, money damages, etc.) in an Australian court with the least expenditure of your own time and money.

  5. #5
    Join Date
    Dec 2012
    Posts
    13

    Default Re: How to License an Educational Program Without the Licensee Appropriating Your Wor

    Thanks Mr. Knowitall,

    These were exactly my thoughts, I just wanted hear some more input. I didn't think of the non-compete clause as that would be key in all this. I'll plan to go over this with an Australian lawyer and execute the document there. Thanks for all the input.

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