Defining Affiliate: Pay Attention to the Boilerplate

February 2015Articles The Licensing Journal

When licensing a patent, soft­ware, copyrightable work, or other intellectual property, it’s common to license the property to a par­ticular entity and its “affiliates.” When defining the term “affili­ates,” many license agreements use a “boilerplate” definition that was taken from a previous agreement or form document. But are the parties always sure that the defini­tion includes all parties that they actually intend to include? Does the licensee always benefit from a broad definition, and the licensor always benefit from a narrow one?

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