Licensee Definition
A licensee is a person to whom a licence is granted. A licensee has the license to use the property specified by another person, such as a building, land or intellectual property. A licensee has the right to enter or remain on the specified property only with the consent of the owner or licensor. The owner/licensor is obliged to notify the licensee of unsafe conditions known but unknown to the licensee. The term is also used in the context of a person who holds a licence, such as a licence to practise a particular profession. The advantage of entering into private licensing agreements for licensees is that they can benefit from the success or ideas of others who are not able to fully exploit their own ideas. For example, a cartoonist may not have the financial means to create toys based on his characters, which could lead him to license his characters to a large retailer capable of bringing products to market. The retailer benefits from the sale of a new product and if the cartoon is popular, there may be a high demand for the toys without the retailer having to spend a lot of resources on advertising. The rights that a licence grants to a licensee are limited by the authority of the licensor. In other words, the licensee can only do what the licensor is authorized to do. For example, if a company wishes to license the use of copyrighted information, the licensor can only grant the use of the copyrighted information it possesses.
If licensees are present, activities carried out on the property by or at the request of the owner of the property must be carried out with the care that a prudent person would exercise. A duty to warn arises if there is an adverse condition on the property that remains hidden from the licensee as long as the property owner is aware of that condition. The licensee falls between the intended or discovered intruder and the guest on the sliding scale of liability in tort to landowners. While the suspected intruder must be protected from known man-made conditions that may result in death or serious injury, the licensee must be warned of all known hazards. However, unlike a guest recipient, a licensee does not have the right to sue for unsafe conditions that “should” be discovered by the owner but were not known to the owner. [2] Depending on the situation, licensing laws differ. For example, branding licensing laws are different from franchise licensing laws. While the laws may be different, the role of a licensee does not change. A licensee is a company, organization or individual that has received legal authority from another company to engage in an activity. The authorization or license may be granted expressly or implicitly. In addition to paying the fees or revenues associated with licensing, licensees are often required to manage the approval granted. The hunter is expected to leave the property in the condition in which he found it.
The investment dealer is required to recommend appropriate investments to the client. The liquor store operator is prohibited from selling to underage or drunk customers. The acquisition by Nvidia, also licensed, calls into question this neutrality. In the business world, there are many variations of this relationship. Here are some common examples of license agreements. Nglish: License translation for U.S. Spanish-speaking business owners and professionals must operate in accordance with the guidelines of federal and state laws, which may require managers to acquire various business-related licenses. For example, a bar owner may need to obtain a license to sell alcohol, and an attorney may need to obtain a legal license to practice law in a particular state. A licensee is a person to whom a licence is granted. In tort law, the common law distinguishes between a licensee and guests and trespassers, usually for the purpose of establishing an owner`s duty of care to a person on his property in real property. In general, licensees are individuals who have received an express or implied invitation to enter the property without a mutually beneficial business relationship with the owner. For example, social guests visiting a friend`s house would be considered licensed under common law.
This is different from guest people who usually enter the property for business or business reasons, such as someone shopping at a grocery store. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “licensee”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. In the past, first responders – police and firefighters – were considered licensed, but they are not allowed to recover from injuries caused by the hazards associated with their work. In general, these injuries are covered by workers` compensation. Read here for more information on what it means to be licensed. “Licensed”.
Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/licensee. Retrieved 15 November 2022. While businesses and professionals often need to obtain licenses from government agencies to do business, private parties such as individuals and businesses can enter into licensing agreements with each other. Private party licensing agreements imply that one party allows another party to use, create or sell their products or intellectual property. For example, a fast food chain could sign a licensing agreement with the creators of a popular movie that allows the chain to display characters from the movie in their stores and sell toys related to the movie. The terms licensee and licensor are common in private party licensing agreements. An important use of the licensee relates to authorizations granted to access real property. Typically, a licensee of a property has received explicit permission from the owner to use land.
The property in question is not open to the public. To learn more about the benefits of licensed franchisees, click here. You are an assignee, beneficiary of an exclusive section right and licensee. The identification of licensees and the duty of care owed to licensees vary from province to territory to jurisdiction. For example, Article 51-3-2 of the Code of Georgia defines a licensee as a person who is “expressly or implicitly authorized to enter the premises solely for his own interests, convenience or satisfaction” and holds the owners of premises “liable to a licensee only for intentional or wilful infringement”. In contrast, the Idaho Supreme Court ruled that landowners are “required to share knowledge of hazardous conditions or activities on land with a licensee.” In addition to the benefits for licensors, licensees also benefit. Licensees lease the rights to a trademark for inclusion in their products, but do not share ownership. Access to major national and global brands and the logos and trademarks associated with these marks offers significant benefits to the licensee. After listening to our restaurant`s concerns, Brooke, along with Councillor McDuffie, sponsored legislation to provide licensees with clarity on expanding outdoor seating for our restaurants so they can plan for the future.
Read here for more information on the benefits of intellectual property licensees. In exchange for the limited use of intellectual property, licensees often agree to pay royalties to the licensor. An intellectual property license allows a licensee to use, manufacture and/or sell the property under license. As part of the agreement, Eclipse has agreed to hire most of the employees of Elmcroft Senior Living, the former licensee of the properties. A license agreement allows a party (the licensee) to use and/or generate revenue from the property of the owner (licensor). Licensing agreements generate revenue, called royalties, that one company earns when it allows another company to use its copyrighted or patented material. It is true that despite all these restrictions, a license from the king allowed the licensee to wear everything. One licensee is less interested than others or different from others. With the trademark license, the licensee is allowed to use the trademarks and logos of a licensor on his products that he has manufactured himself, such as sportswear. A licensee has obtained legal authority from another party to conduct a type of business over which the other party has some control, ownership or authority. The licensee can pay directly for this approval, known as royalties, or make payments based on the results of the commercial agreement, called royalty revenues.
