license là gì

"Licence" redirects here. For the historian, see Tom Licence. For the album by Aya Ueto, see License (album).

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A license (US) or licence^[1] (Commonwealth) is an official permission or permit đồ sộ vì thế, use, or own something (as well as the document of that permission or permit).^[1]

A license is granted by a buổi tiệc nhỏ (licensor) đồ sộ another buổi tiệc nhỏ (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private buổi tiệc nhỏ, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not đồ sộ sue," because a license usually either permits the licensed buổi tiệc nhỏ đồ sộ engage in an activity which is illegal, and subject đồ sộ prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed buổi tiệc nhỏ đồ sộ vì thế something that would violate the rights of the licensing buổi tiệc nhỏ (e.g. make copies of a copyrighted work), which, without the license, the licensed buổi tiệc nhỏ could be sued, civilly, criminally, or both.

In particular, a license may be issued by authorities, đồ sộ allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability (or both). The requirement may also serve đồ sộ keep the authorities informed on a type of activity, and đồ sộ give them the opportunity đồ sộ phối conditions and limitations.

A licensor may grant a license under intellectual property laws đồ sộ authorize a use (such as copying software or using a patented invention) đồ sộ a licensee, sparing the licensee from a claim of infringement brought by the licensor.^[2] A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital đồ sộ the licensor.

Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.

Territory: a license may stipulate what territory the rights pertain đồ sộ. For example, a license with a territory limited đồ sộ "North America" (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in nhật bản.

Again, a shorthand definition of license is "a promise by the licensor not đồ sộ sue the licensee". That means without a license any use or exploitation of intellectual property by a third buổi tiệc nhỏ would amount đồ sộ copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted đồ sộ vì thế ví.^[3]

Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising, technology transfer, publication and character merchandising entirely depend on the licensing of intellectual property. Land licensing (proprietary licensing) and IP licensing.

Real property licenses[edit]

A license provides one buổi tiệc nhỏ with the authority đồ sộ act on another's land, when such action would typically amount đồ sộ trespass absent that license. A key distinction between licenses and leases is that a license grants the licensee a revocable non-assignable privilege đồ sộ act upon the land of the licensor, without granting any possessory interest in the land.^[4] Once a license is agreed upon, the licensee may occupy the land only ví far as is necessary đồ sộ complete the act. Another key distinction between a license and a lease is that leases are generally required đồ sộ be in writing, where the statute of frauds requires it, while licenses can be made orally.

Creation[edit]

A license is generally created by an express or implied agreement. The licensor must agree đồ sộ the license which can be shown in writing or the licensors acquiescence in its exercise. Furthermore, unlike many other contractual agreements, a license does not require consideration, a license can be created with or without it. Moreover, whether an agreement is held đồ sộ be a "license" and not a lease will depend on three essential characteristics of a license: (1) a clause allowing the licensor đồ sộ revoke "at will"; (2) the retention by the licensor of absolute control over the premises; and (3) the licensor's supplying đồ sộ the licensee all of the essential services required for the licensee's permitted use of the premises.^[5]

Termination[edit]

Under a pure licensing agreement, the licensor, under its terms and by common-law, can cancel the agreement at will and without cause, unless it is coupled with an interest or made irrevocable by contract. A license that has been coupled with an interest is not revocable by the licensor without exposure đồ sộ liability and potential damages. In the sự kiện a license is coupled with an interest, the licensor must provide reasonable time for the licensee đồ sộ remove that interest from the property prior đồ sộ termination. Additionally, because a license does not confer any possessory interest in the licensee, in the sự kiện of a sale of the property, the license is terminated and cannot be enforced against the new owners of that property. Moreover, the death of either the licensee or licensor will terminate the agreement.

Remedies[edit]

If a license is revocable at will by the licensor, courts will be unable đồ sộ grant specific performance in favor of the licensee.^[4] A licensee would be unsuccessful in bringing forcible entry claims or a detainer proceeding because the licensee was never granted any possessory interest. The Licensee would also not be able đồ sộ recover damages for money spent unless they are able đồ sộ show detrimental reliance on the license. In certain cases, however, licenses can be made irrevocable, and specific performance may be granted. Where a license is made with a phối term period and valid consideration is transferred, revocation of the license prior đồ sộ the terms expiration may raise breach of contract claims that could provide damages against the licensor. Furthermore, once the licensor terminates or revokes the license, notice is statutorily required prior đồ sộ the commencement of any special proceeding đồ sộ recover possession of the property (e.g., in NY that requirement is 10 days).

Mass licensing of software[edit]

Mass distributed software is used by individuals on personal computers under license from the developer of that software. Such license is typically included in a more extensive end-user license agreement (EULA)^[6] entered into upon the installation of that software on a computer. Typically, a license is associated with a unique code, that when approved grants the kết thúc user access đồ sộ the software in question.

Under a typical end-user license agreement, the user may install the software on a limited number of computers.^[7]

The enforceability of end-user license agreements is sometimes questioned.

As of 2020, there are various ways đồ sộ license software with different kinds of licensing models, which allow software vendors đồ sộ profit from their product offerings in flexible ways.

Patent licensing[edit]

Like other intellectual property, patent owners may grant permission đồ sộ others đồ sộ engage in conduct that would otherwise be within the scope of a patent.^[8] For example, a patent owner may authorize a licensee đồ sộ make, use, sell, offer for sale, or import a patented product. Such agreements are typically referred đồ sộ as a patent license agreement or a covenant not đồ sộ sue. These agreements can last for a specific period of time (such as 5 years) or for the entire life of the patent (i.e., until the patent expires).^[8] Patent license agreements may also be exclusive (i.e., the licensee is the only person or entity that is allowed đồ sộ sell, make, use, offer đồ sộ sell, or import the patented invention) or non-exclusive (i.e., the licensee is simply one of several entities who has rights under the patent).^[8] Finally, any rights given under the agreement may be limited đồ sộ a particular "field of use" (e.g., a licensee may be able đồ sộ practice an invention in the field of consumer electronics, but not in the field of industrial electronics).^[8]

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Often, patent owners will require a licensee đồ sộ pay money in exchange for granting a patent license. Such payments are referred đồ sộ as royalty payments and come primarily in two forms: lump sum or running royalty.^[8] A lump sum royalty involves an upfront, one-time payment, while a running royalty typically involves periodic payments (e.g., quarterly or annual) based on the number of patented products sold or imported.

Trademark and brand licensing[edit]

A licensor may grant permission đồ sộ a licensee đồ sộ distribute products under a trademark. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor. The assignment of a license often depends on specific contractual terms. The most common terms are, that a license is only applicable for a particular geographic region, just for a certain period of time or merely for a stage in the value chain. Moreover, there are different types of fees within the trademark and brand licensing. The first khuông demands a fee independent of sales and profits, the second type of license fee is dependent on the productivity of the licensee.

For example, McDonald's licenses their trademark such as the "Golden Arches" or the "Big Mac," but the licenses gives McDonald's a right đồ sộ impose strict quality standards đồ sộ their franchisees as they can take back the right đồ sộ the trademark if they vì thế not meet McDonald's standards.^[9]

When a licensor grants permission đồ sộ a licensee đồ sộ not only distribute, but manufacture a patented product, it is known as licensed production.

Artwork and character licensing[edit]

A licensor may grant a permission đồ sộ a licensee đồ sộ copy and distribute copyrighted works such as "art" (e.g., Thomas Kinkade's painting Dawn in Los Gato) and characters (e.g., Mickey Mouse). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner.

Artistic license is, however, not related đồ sộ the aforementioned license. It is a euphemism that denotes freedom of expression, the ability đồ sộ make the subject appear more engaging or attractive, by fictionalizing part of the subject.

Academia[edit]

National examples of the licentiate are listed at licentiate (degree)

A licentiate is an academic degree that traditionally conferred the license đồ sộ teach at a university or đồ sộ practice a particular profession. The term survived despite the fact that nowadays a doctorate is typically needed in order đồ sộ teach at a university. The term is also used for a person who holds a licentiate.^[10][11] In English, the degree has never been called a license. In France, the licence is the first degree awarded in Universities.

In Sweden, Finland, and in some other European university systems, a 'licentiate' is a postgraduate degree between the master's degree and the doctorate. The licentiate is a popular choice in those countries where a full doctoral degree would take five or more years đồ sộ achieve.

Vehicle licensing[edit]

This section needs expansion. You can help by adding đồ sộ it. (December 2016)

A license đồ sộ driving certain vehicles has been applied đồ sộ many countries around the world. Being allowed đồ sộ drive a certain vehicle requires a specific driving license, the type of license depending on the type of vehicle.

Criminal law[edit]

In the United Kingdom prisoners serving a determinate sentence (a fixed time in prison) will be released prior đồ sộ the completion of their full sentence "on licence".^[12] The licence is the prisoner's agreement đồ sộ maintain certain conditions, such as periodic reporting in đồ sộ a probation officer and only living at an approved address, in exchange for their early release. If they break the conditions of the licence, they can be "recalled" (returned đồ sộ prison).^[13][14]

Offenders serving determinate sentences are released automatically at a phối point in their sentence, whereas prisoners serving indeterminate sentences (e.g. life imprisonment) can only be released by the parole board.^[15]

Economic theory[edit]

Patent licensing has been studied in formal economic models in the field of industrial organization. In particular, Katz and Shapiro (1986) have explored the optimal licensing strategy of a research lab selling đồ sộ firms who are competitors on the product market.^[16] It turns out that (compared đồ sộ the welfare-maximizing solution) the licensor's incentives đồ sộ develop innovations may be excessive, while the licensor's incentives đồ sộ disseminate the innovation are typically too low. Subsequently, the seminal work of Katz and Shapiro (1986) has been extended in several directions. For example, Bhattacharya, Glazer, and Sappington (1992) have taken into tài khoản that the firms acquiring licenses must make further investments in order đồ sộ develop marketable products.^[17] Schmitz (2002, 2007) has shown that asymmetric information due đồ sộ adverse selection or moral hazard may lead the research lab đồ sộ sell more licenses than thở it would vì thế under complete information.^[18][19] Antelo and Sampayo (2017) have studied the optimal number of licenses in a signalling model.^[20]

Criticism[edit]

The provision of licenses and the agencies that mandate them are often criticised by American libertarians lượt thích Milton Friedman for creating an anticompetitive environment for occupations, which creates a barrier đồ sộ entry for more qualified and skilled individuals who may not have the resources đồ sộ obtain the necessary licences. According đồ sộ Friedman, licenses and permits have become ví burdensome due đồ sộ legislation that favors the current establishment of wealthy occupants that they decrease the supply of such occupations, which raises prices for the average consumer. Libertarians and the anti-authoritarian left (anarcho-communists) view competing guilds and other voluntary communes as being more beneficial for disseminating the skills and education required đồ sộ perform a specified career.

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References[edit]

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