Recordal of assignments and licences

One acquires intellectual property by assignment and rights therein by licence, correct? Not exactly. Consider the following scenarios: X acquires a trademark by assignment from Y and uses the trademark in its business. Y is liquidated and the trademark is …

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Licensing loopholes

Although many “template” licence agreements are available, it is seldom that changes are not required by at least one of the parties. Many proposed amendments initially appear innocuous. That is until one later falls through the resulting loophole. Licensors should …

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Negotiating licences – issues to consider

1. Licensee and licensor details Consider withholdings taxes, transfer pricing and exchange control issues when concluding international licences, in particular where the parties are connected. For example, “manufacturing” licences concluded between foreign licensors and South African licensees require DTI approval; …

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Composite transactions

Things are seldom inherently bad – poisons are typically compounds, made from elements that on their own are good, if not, beneficial; weapons are made from components that in isolation are generally harmless. In the same manner, tax and Exchange …

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